Less than one week after the newly commissioned county off-highway vehicle (OHV) officer started, a major case proved the current provisions could not hold water.
Officials found two OHVs abandoned in a trout-breeding stream. While authorities identified the culprits, the only charges possible at the time were civil fines.
The 2007 legislative session strengthens OHV law enforcement with the addition of criminal penalties for violations of water and wetland statutes, as well as providing education and clarifying laws. The new provisions and added teeth for enforcement proved necessary to make OHV riders take the ordinance changes seriously.
Civil penalties may have a place in OHV enforcement. Complicated OHV codes could make following the laws difficult, and less harmful violations may not need to be entered on a permanent record.
But environmental damage typically is not easily repaired. Intentional OHV code violators should face punishment stiffer than a simple monetary slap on the wrist. Willful disregard of public resources is no different from vandalism of private property.
ADVERTISEMENT
Criminal charges need not include jail time to be effective. A gross violation could prompt a judge to recommend the community service necessary to personally repair the damage. Such measures exemplify justice, with a punishment fitting the crime.
Other new legislative OHV measures also work to clarify vague provisions in all-terrain vehicle (ATV) classification and acceptable use areas.
Mapping requirements will help ensure riders stay on marked trails in state forests. Once state forests are mapped, riding in unauthorized usage areas makes an OHV rider liable for fines.
Unfortunately, mapping provisions will not take effect north of Highway 2 until 2009, but the additional time will at least allow the Department of Natural Resources to thoroughly map the expansive areas.
State forests exist in part to safeguard the land from abuse and neglect. Careless OHV riding easily falls into the latter, if not the former. With the burden of knowledge given to the riders, OHV operators will be forced to consider the consequences of where to ride.
The purpose of OHV regulations is to place responsibility for land stewardship on riders. Conservation and OHV use need not, and should not, be mutually exclusive. Even with law enforcement officers enforcing statutes, the best way to prevent environmental damage remains self-enforcement by responsible riders.
The best course of action OHV riders can take is a little education on rights and responsibilities. All riders should learn the classifications of vehicles and where riding is acceptable.
Part of the increase in registration fees for OHVs will be allocated toward educational programs. The designation is wise as education is still the best long term solution to reconcile differences between environmentalists and ATV enthusiasts.
ADVERTISEMENT
If OHV riding is to be an accepted venue of wilderness experience, destroying habitats must not be included. Law clarifications, educational opportunities and adding teeth to enforcement will make certain the regulation's bark is not worse than its bite.
