Updated April 17, 2008
As of July 1, you might want to think twice about driving your ATV
off designated trails in Colorado. That’s when HB 1069
– signed by Gov. Bill Ritter, D, on March 20 – goes
into effect. In what might be the strongest attempt yet to keep
off-road vehicles from ripping up the backcountry, the bill gives
local peace officers the power to ticket off-roaders on federal
lands. It’s a move that’s unprecedented in public-land
management.
Now, Colorado county sheriffs, state Division
of Wildlife law enforcement or even state police officers will be
able to enforce off-road violations on national forest or Bureau of
Land Management lands, writing tickets and imposing fines instead
of just handing out court summons. “It’s a major shift
in policy,” says one of the bill’s primary sponsors,
Rep. Kathleen Curry, D-Gunnison. “People all across the
country have been watching to see if this would pass.”
So will a bill like this really keep people from
off-roading in prohibited areas?
“Any time we have
more people out there who can cite people, it could help with
prevention. More eyes, more feet on the ground,” says Paul
Krisanits, a Forest Service law enforcement officer. If off-roaders
think that there’s a good chance they’ll be seen going
off designated routes and cited, they might decide to avoid the
hassle – and the expense — and stay on the trail.
The fine for riding off designated trails is $100 in a
non-wilderness area, and $200 in a designated wilderness area. And
if a rider is ticketed while hunting or fishing, he or she will
also receive license suspension points. A non-wilderness violation
gets 10 points, and a wilderness violation gets 15.
The
real teeth of the bill could be in those suspension points.
“Hunters and anglers are allowed 20 penalty points on a
license,” says John Smeltzer of the Colorado Wildlife
Federation. A $100 or $200 fine might not matter much to someone
who can spend, say, $5,000 dollars on an ATV. But the license
points could add up quickly and, as Smeltzer says, “You could
lose your hunting and fishing privileges in Colorado,” as
well as in the other 25 states that are part of the Interstate
Wildlife Violator Compact. (Under the 1989 agreement, a hunting or
fishing suspension in any member state is recognized in the
others.)
The new law has another important provision that
federal agencies are already in the process of implementing.
Previously, off-road trails were designated closed with signage.
Anything without a sign was considered open. The new law reverses
that: Signs and maps will designate trails as open, while anything
unmarked will be considered closed.
But the state’s
law enforcement officers won’t be handing out tickets right
away. “The first year will be an educational transition
period for everybody,” says Glenn Graham of the Colorado Off
Highway Vehicle Coalition. That means lots of warnings will be
given to rogue off-roaders, while the Forest Service and BLM begin
to update their maps and post new signs. It’s the start of a
more effective way to address off-road use on public lands, notes
John Smeltzer. “This is a model piece of legislation for the
West.”
The author is an intern for High
Country News.
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