MRR Assessment of 2003 Minnesota Off

MRR Assessment of 2003 Minnesota Off-Highway Vehicle Legislation

Minnesota Association of County Land Managers Meeting
Grand Rapids, April 30, 2003

Essential References for evaluating effectiveness of off-highway vehicle

(OHV) legislation:

Program Evaluation Report: State-Funded Trails for Motorized Recreation, Office of the Legislative Auditor, State of Minnesota, 2003.

Off-Highway Vehicles in Minnesota, Minnesotans for Responsible Recreation, 1999.

Law officers back rules for snowmobilers", Duluth News-Tribune, 3/19/97

Essential Facts to Consider in evaluating effectiveness of OHV legislation:

In 1999, in our Off-Highway Vehicles in Minnesota report, MRR identified four basic elements required in a successful OHV management system:

Environmental and public review to select routes for OHVs
"Designated routes only" policy requiring riders to stay on selected routes
Adequate enforcement to keep riders on designated routes
Repair and restoration of damaged lands from pre-management period

MRR also finds that motorized recreational vehicles should be "considered the same as a motor vehicle [ie, automobile]". For ATVs, dirt-bike motorcycles, and four-wheel drive trucks this would include drivers license endorsement, automobile size license plates front and rear, and PLPD insurance.

In 2003, the state audit of the DNR’s motorized recreation program reinforced the above findings with the following "key recommendations":

Environmental and public review should be required on OHV proposals

Enforcement of OHV laws should be increased

The audit also found that:

"grant-in-aid clubs have been left to operate largely on their own….and that "steps to improve oversight" should be taken.

Current DNR OHV program exceeds budget by 200%

MRR Assessment of 2003 OHV Legislation

Elements of Effective OHV Management	HF 1148	SF 850	HF 1077
Environmental and public review to select routes for OHVs	Required in designation of routes, Sec 10, Subd 2	Suspends review for two years on 1500 miles of "provisional trails", Sec 29,Subd2 Requires local road authority approval for ditch use, Sec27	Exempts "any new trail" from environmental and public review, Sec 9, (4)
"Designated routes only" policy requiring riders to stay on selected routes	Yes, Sec 10	With designation of 1500 miles of "provisional trail", Sec 29	No requirement to stay on "designated routes", designates all trails permanently open unless closed by DNR before 1/1/06, Sec 9
Adequate enforcement to keep riders on designated routes	Makes enforcement a # 1 priority if distribution of grant-in-aid funds, Sec 11. Creates "recreational motor vehicle enforcement division" within DNR, Sec 8	Directs fines to local jurisdictions, Sec 5 Makes GIA funds available, Sec 26	Makes $200,000 in GIA funds available to local law enforcement, Sec 10
Repair and restoration of damaged lands from pre-management period	Makes monitoring for and repair of damage # 2 and 3 funding priorities, Sec 11	Civil citations may require restitution. "OHV damage account" w/restrictions, Sec 8 funded with $5/yr surcharge, Sec 22	No repair funds designated under "Purposes", Sec 4 - 8
Drivers license endorsement, automobile-size license plates, PLPD insurance	Yes on Each Sec 4, 5	"Responsible Rider Certificate" Required, Sec 3	No requirements
Other positives and negatives	+Studies of OHV trails budget, updated "use and consumption", grant-in-aid trails program, Secs 21, 22, 23	+Withholds GIA funds from clubs violating state and federal laws, or terms of grant, Sec28 - Appropriates $1,000,000 for scramble area/OHV "Park", Sec 32	- Appropriates $1,000,000 for Virginia scramble area/OHV "Park", Sec 10

MRR supports legislation that includes the four basic elements required in an effective OHV management system. MRR urges the Minnesota Association of County Land Commissioners to support SF 850 with the following amendments:

Delete Sec 29 and preserve the county’s right to review and challenge DNR ATV proposals

Delete Sec. 32, Subdivision 5, $1,000,000 appropriation for the "Iron Range off-highway vehicle recreation area"