TimesArgus.com - We Are Vermont

Lawmakers postpone ATV decision



In this July file photo, ATV drivers navigate a trail in Hardwick.

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By Louis Porter Vermont Press Bureau - Published: December 2, 2009

MONTPELIER – Lawmakers Tuesday postponed a decision on whether all terrain vehicles should be allowed on state lands, putting the matter off for at least two more weeks.

At the heart of legislators' concerns is whether Agency of Natural Resources Secretary Jonathan Wood has the authority to allow ATVs on state lands or whether lawmakers would have to approve a bill granting that authority.

The state agency has written a proposed rule that would lay the groundwork for what agency officials said would be a limited number of trails connecting ATV networks on private land.

But members of the Legislative Committee on Administrative Rules, which evaluates whether agency rules comply with legislative intent and other requirements, harshly rebuked the agency Tuesday. Sen. Mark MacDonald, D-Orange, the chairman of the committee, said the way in which the agency has put forward the proposed rule in essence circumvents the way major police changes should be made in Vermont.

The agency proposed the rule under a bill allowing the Vermont All Terrain Vehicle Sportsman's Association or VASA to spend its money on trail maintenance on class four roads and other places on state land, legislation that was approved with little attention or review last year, according to MacDonald.

Allowing ATVs on state land is "a big change in state land use" MacDonald said.

"That is not the way that Vermonters usually make chances in policy," he added, saying that few if any lawmakers in relevant committees believe the agency has the authority to allow the vehicles on state property.

But Wood said his authority as head of ANR gives him broad authority to determine what uses of state land are permissible, and a history of changes in state law relating to ATVs gives that permission explicitly.

"We are following a process, long-established, as we do for other uses," he said. "This is not a sweeping policy of opening all state land to ATVs."

In any case, the legislative committee will not vote on whether to object to the rule for another two weeks at least. If lawmakers reject the rule the agency can still implement it, however its chances of surviving a legal appeal would be diminished.

It seems likely that legislators will take up the matter in January in any case and consider a law allowing or banning ATVs from state land.







READER COMMENTS


Sleds ride at night make a lot of noise too, sleds leave garbage, sleds need to be monitored by cops for drinking and driving, sleds need to be monitored for trespassing.. I say end sleds too! If you can allow one recreation vehicle and all the resources that go along with it, they all should be allowed, or just end it for them all!!!!
-- Posted by Melissa B. on Wed, Dec 2, 2009, 10:45 pm EST

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Let the legislature decide - they represent the people, a bureaucrat like Jonathan Wood doesn't.

With the public comment running 4-1 against allowing ATV's the vote should be obvious.

Until ATV advocates can start reducing the problems(litter, noise in night time, trespassing)some of their breathren create, they will not have majority support to exand their riding opportunities.
-- Posted by Buzz Lightyear on Wed, Dec 2, 2009, 11:58 am EST

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Thanks to people like flathead, I think I get it now. A group of aliens have landed in Vermont and are trying to take away the peoples land. They are called ATV'ERS. In one comment he states that they should ride on their own land,not his yet in his next comment he states that State Land is owned,enjoyed and paid for by the people. WHICH IS IT!! Maybe all atvers should move to New Hampshire. Could it be he is calling himself flathead because he is missing something up there?
-- Posted by None None on Wed, Dec 2, 2009, 10:14 am EST

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State land is owned by the people. Enjoyed by the people, Paid by the people and for the people. It's a people thing. People need to vote on this matter. It will be too late when the Vt legislature wakes up from their continual nap.
-- Posted by flathead on Wed, Dec 2, 2009, 8:50 am EST

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As early as this summer, members of the Legislative Committee on Administrative Rules were aware of the high probability that ANR's new rule allowing ATV access to state land would be coming to them for review. Far earlier than now, members of the committee could have directed research into legal precedent for the enactment of rules containing significant policing ramifications. Such neglect seems to indicate either profound lack of organization, profound misunderstanding of this issue's importance to us citizens on both sides of it, or profound fear of political risk.

While I support and commend the ANR's Jonathan Wood for his efforts encouraging working forests in Vermont, his ineffectual handling of the Nelson game farm's failure to comply with rules reveals an unreliable and sluggish ability to enforce current rules. Such flaws in enforcement ability support the broad public opinion found in comments sent to the ANR that this new rule should be scrapped.
-- Posted by LH Dickson on Wed, Dec 2, 2009, 8:18 am EST

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"O", I can see it now. The state of VT still doesn't know what to do or is afraid to do something proper. Is it because the state is incompetent in knowing what to do, or is afraid to do something? It's been 4 years that they (State of VT) have been aware.
ATV's ned to go away, like a long ride off a short cliff. They are going to mess up the entire Eco system of VT even more. Just look around at all those empty beer cans, oil spills, rutts to trip over or into, noisy, scary, smelly, land raping, erosion....etc.
That's just a short list. Because of their use thet (ATV's) have made mountain biking, in some areas already illegal. "If you mess with my bicycle then you mess with me". I hope they all get a flat tire and rot in the woods.
PS: They should ride on their own land, not mine.
-- Posted by flathead on Wed, Dec 2, 2009, 7:30 am EST

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