ATVs to be allowed on state land
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The Associated Press - Published: January 7, 2010
MONTPELIER — Over the objections of lawmakers, the Vermont Agency of Natural Resources has adopted a rule to allow all-terrain vehicles on state land.
The rule quietly put in place this week, less than a month after a legislative rules committee formally objected to it, allows the agency to approve up to three trails across state land to link existing trail networks on private land.
But Natural Resources Secretary Jonathan Wood said Wednesday the chances there will be legal ATV trails crossing state land by summer are "very slim."
"I wouldn't rule it out," Wood said. "But there's a substantial amount of work that would have to be done to do that. We're not in any rush."
The rule calls for a strict review process, he said. It envisions a 30-day public comment period when no snow is on the ground, so people can look at the route of the proposed trail and point out perceived environmental threats.
Key lawmakers said Wednesday they were expecting soon to file bills to reverse the agency's decision. Critics maintain that the agency adopted the rule without the needed authorization from the Legislature, a contention the agency disputes.
Lawmakers said there could be two bills related to ATVs. One would open the small trail section in Brighton that's at the center of a proposal that led the agency to adopt its rule. The other would set up a broader system for the agency to review other trail proposals but likely would be very restrictive.
Rep. Tony Klein, D-East Montpelier, and chairman of the House Natural Resources and Energy Committee, said it was ironic that a cash-strapped agency with an already big to-do list would want to take on managing ATV riders' use of state lands.
He pointed out that the agency had been opposing a bill calling for a new system to manage electronic waste because it said it lacked the resources to carry it out.
Wood argued that the rule called for trail maintenance and enforcement by a group of users, the Vermont ATV Sportsmen's Association, in a system similar to management of snowmobile trails by the Vermont Association of Snow Travelers.
"We acknowledge we can't manage illegal use everywhere, so we need more legal riding opportunities, more money for enforcement and an active and engaged, responsible user group to assist us with them," the secretary said.
ATV registration fees and money from tickets for speeding and other infractions would go to the agency and then to VASA to pay for trail maintenance and enforcement work, Wood said.
Environmental groups have strongly opposed any ATV use of state land, saying the machines are polluting, noisy and damaging to wetlands and wildlife.
"The rule is an illegal and unwise change in long-standing state land management policy," Anthony Iarrapino, a lawyer with the Conservation Law Foundation, said Wednesday in response to the agency's decision to adopt the rule. "We are going to oppose it in the Legislature and in a court if necessary."
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