- the funding language being added,
- an exclusion of off-highway motorcycles from the definition,
- the new (unique to Vermont) definition of all surface vehicles (6x6) being added, and
- the striking of primarily private lands from the directive of where trails are to be sited.
In 1983, the first statutes governing the use of ATVs were added to
Vermont's motor vehicle Title 23 in the form of Chapter 31. Prior to
that time, the vehicles were not defined in statute, thereby somewhat
mute to governance.
In 1991, Forest Parks and Recreation Rule 1 was adopted, which forbid
ATV use on state lands unless designated by the secretary of ANR, and
only after some agency analysis and public input opportunities.
In 1998, legislation was passed to create a registration funding
mechanism for ATVs, similar to but not on par with the model used for
snowmobiles. It also set in motion the creation of a statewide
organization for ATVs, also modeled after the statewide snowmobile
association. Initially, the new ATV organization was run by leaders
from within the snowmobile community.
In 2000, a Cooperative Agreement with the Department of Forests Parks
and Recreation was signed between FP&R and the ATV association and
it stated that state lands could only be used to connect adjacent
trails on private lands in accordance with both statute and rules.
In 2005, the ATV association sought to connect two looped trail systems
that were on opposite sides of a state highway, by using the existing
snowmobile crossing. The ATV association asked permission of the Agency
of Transportation to cross the road in a manner similar to the existing
snowmobile road crossing and was denied due to approach and sight line
considerations.
SOUGHT ALTERNATIVES
After seeking alternatives to this crossing, and in order to fulfill
the obligations of the Cooperative Agreement, the association sought
use of a small, defined piece of state land to complete the connection
of the two loops. They petitioned the secretary to designate the route
pursuant to both the Rule 1 and the statute, and to have the state of
Vermont fulfill their obligations of the Cooperative Agreement.
Secretary Wood has a long working relationship with the ATV
association, as he was formerly the Commissioner of Forest Parks and
Recreation, and had oversight of the Cooperative Agreement, which
provides the funding. Secretary Wood was also a participant in the 2004
Governor's Collaborative on ATVs, where he came to know the issues of
management, access, perception and disagreement between interested
parties. Let's not forget that Secretary Wood is also a forester with a
lifetime of professional experience in the management of Vermont's
forests. He followed the prescribed process to the logical conclusion
of granting access.
The widely promoted notion that this action is opening up any state
lands, other than what is being discussed here, specifically, is
ludicrous. Any and all future use of state lands will be required to
meet conditions similar to these, in terms of adding value to the trail
system by joining existing loops, and only after all other options are
exhausted and the environmental conditions permit.
ADHERENCE TO RULES
I appreciate the secretary's thoughtful adherence to the rules and laws
that were in place when he took office, and he is the first secretary
of the agency in more than 14 years (and just a few less secretaries)
to have the professional knowledge, skills and demonstrated commitment
to Vermont's environment to manage this access. I believe that the ATV
association has worked diligently to demonstrate their ability to
develop and manage ATV recreation and have done a fine job of it. For
these reasons support Secretary Wood's decision. By the way, I neither
own nor ride ATVs.
(Full disclosure: I was a founding member and officer of the Vermont
Trail Rider's Association, the impetus which gave rise to the creation
of the West Rutland ATV Sportsman's Club and, ultimately, Vermont ATV
Sportsman's Association. I am a former member, officer and executive
director of the Vermont ATV Sportsman's Association. I am both a former
state rep and board member of the National Off-Highway Vehicle
Conservation Council and a current member, founder and former officer
of the Cycle Conservation Club of Vermont. I am a current member of the
Montshire Trail Riders and Norubmbega Trail Riders, both off-highway
motorcycle clubs, a current member of the New England Trail Riders
Association, a current member of the American Motorcyclists
Association, and I have taught the Vermont Rider Education Program to
new and experienced motorcyclists for nearly a decade. I participated
in the 2004 Governor's Collaborative on ATVs.)
Todd Sheinfeld lives in Waitsfield.
