Montana

Recent Legislative Action

2009

HB614: Makes it a crime to ride ORVs in closed areas (Introduced)

SB383: Requires license plates on all ORVs (4/28/09: Died in Standing Committee)

LC552: Authorizes state game wardens to enforce ORV laws on federal lands (Drafting stage)

Community Voices Demand Action in Montana

Montanans are increasingly voicing their concerns about a growing contingent of reckless riders who break the law, damage public and private land, injure themselves and others, and ruin hunting, fishing and hiking experiences for the rest of us.

• "We continue to encounter problems with unlawful OHV use in Montana and really it's a problem in the entire West." -- Jim Kropp, law enforcement chief for Montana Fish, Wildlife and Parks, "Stiff fines eyed for off-roading on closed lands", Associated Press, (3/19/09)

• "Illegal off-highway vehicle use is an issue all across the West. There are a lot more riders of off-highway vehicles than there were in the past..there are a certain amount of problems that come with that increased use." -- Jim Kropp, MT FWP Chief of Enforcement, "Illegal OHV use subject of proposed legislation", The Ravalli Republic (3/9/09)

• "But it's been our observation that ATV riders who disregard rules governing where they are allowed to go are more likely to also disregard rules of courtesy and outdoor etiquette — and in ATVers' cases it's pretty obvious who did the disregarding. That creates a very directed backlash that affects all riders, responsible or not." -- Great Falls Tribune Editorial Board, "Time for the annual reminder: Be a responsible ATV rider", Great Falls Tribune (10/9/09)

• "...an all-terrain vehicle operator who flouts the law by going off of authorized roads and trails will make things tougher for other riders in the long run. Such an ATV rider may get away with his destructive scofflaw activities for now, if only because authorities can't come even close to patrolling all of the millions of acres of public land and thousands of miles of roads and trails in Montana...But over the long haul, instances such as those cited in last Thursday's Outdoors section of the Tribune are likely to create a backlash among folks who might otherwise not care if an ATV rider wants to enjoy public lands with them." -- Great Falls Tribune Editorial Board, "ATV riders: Don't be the bad apples who spoil it for all", Great Falls Tribune (10/7/08)

• "They have been taking down fences and taking down signs. A lot of people don't know the rules and that is our responsibility to let them know, but a lot of people do know the rules. We have talked about it a lot — about how frustrating it is when we try to make it obvious to help people out by telling them with physical barriers and then have people destroy it the next weekend. Then the people who want to follow the rules don't know the rules." -- Tina Lanier, Belt District Ranger, "ATVs Scarring the Forest", Great Falls Tribune (10/2/08)

• "There are the people who seem to want to use the ATVs and do it right and then there is the other percentage, maybe 30 to 40 percent, who don't care about rules or regulations and seem to think they have a right to do what they want. They ride on routes they are not supposed to be on or routes with seasonal restrictions or they just go across country, which has not been legal since about 2000." -- Ron Wiseman, Judith District Ranger, "ATVs Scarring the Forest", Great Falls Tribune (10/2/08)

• “The more respect people have for public and private property, the more access is going to be open in the future.” -- Mark Jacobsen, Bureau of Land Management, "Crimes siphon money from outdoor programs — and could affect access, managers say", Billings Gazette (5/27/10)

• "You have to be responsible. If ATVs are misused you can cause a lot of damage. It takes a long time for the ground to recover if you get people in there when it is muddy. Like anything you have to be responsible and do what's right." -- Stan Paulson, ATV rider of Great Falls, "ATVs Scarring the Forest", Great Falls Tribune (10/2/08)

• "A [Montana Wildlife Federation] Landowner/Sportsmen Relations survey conducted in the autumn of 2007 identified increasing problems and intolerance for OHV hunters by private landowners. Averaged from nearly 150 private landowner respondents, the second most comment complaint was the improper use of motorized vehicles. More specifically, ATV users and abuse was indicated as two of the top ten influence’s on whether a landowner will or will not allow public hunting. Many went as far as saying that they give a preference to foot hunters over ATV and motorized hunters." -- "OHVs - Impacts, Conflicts & Solutions - Part II", Montana Wildlife Federation (August of 2008)

• "OHV issues occur on public and private land, but this [Montana Wildlife Federation] survey makes it clear OHV abuses hurt all hunters' chances for hunting access to private lands. If the trend continues, the FWP Commission has said hunters may see new restrictions on OHV use." -- Ray Paige, Montana Fish, Wildlife & Parks motorized trails specialist, "Are Off-Highway Vehicles and Hunting Compatible", Outdoor Central (8/20/08)

• "We recognize that most OHV users are respectful of others and that they obey the law, but we're increasingly fielding complaints regarding the illegal and irresponsible use of OHVs while hunting... OHV users need to address these issues or they may soon face the kinds of restrictions and penalties the FWP Commission was asked to establish." -- Montana Fish, Wildlife and Parks Spokesman Ron Aasheim, "Complaints grow with growing OHV use", Great Falls Tribune (10/11/07)

• "There has just been so much damage to the resources... You can pull up images on Google Earth and see the impact. It looks like a spider web. That's all from dirt bikes. To me it's pretty impressive that we have so much resource damage that you can see it from a satellite." -- Missoula County Sheriff Mike McMeekin, "County turning away ATV riders in Deep Creek area", The Missoulian (6/22/08)

• “These types of illegal trails are not uncommon on National Forest System lands. They are usually located in the worst
  possible sites causing erosion and weed infestations.” -- Ron Archuleta, Livingston District Ranger, "Man to pay $27K for building ATV trail in Gallatin National Forest", Bozeman Daily Herald (1/15/10)

• "Bad guys abuse public land. Good guys take care of it. We are seeing too much lawlessness and damage on Montana's national forests. It's time for Montanans to stand up for the land that belongs to all of us." -- Hunter Joe Hundley, "Backcountry hunters and anglers offer reward for ATV violations", Great Falls Tribune (8/30/07)

Examples of Recent ORV-Related Law Enforcement Activity

Source: United States Forest Service

2008

• Gallatin NF - On 7/31, Sweet Grass County first responders received a distress call from a woman via the Sheriff's radio repeater. The woman indicated that she needed help stating "the ATV rolled on him, please help, he can't breath, we're up the Dry Fork Trail", an area near the East Boulder Mine within the Big Timber RD. County first responders and an LEO responded to the scene. The LEO was within a mile of the scene when he heard the woman state "he shot himself." The LEO located the 70 year-old woman staggering down the trail with a two-way radio in her hand. She indicated that "the ATV was on him and that she could not get it off of him". The LEO was informed by the woman that her husband had shot himself. She had walked down the road to get help after the accident and had only gone a short distance when she heard the gun shot. She rushed back and found that he had committed suicide with a handgun. The LEO (an EMT) administered shock and first aid treatment to the woman while a paramedic and deputy traveled to the scene on an ATV. They found a deceased 75 year-old man laying face down with an ATV resting on top of his pelvis. Evidence at the scene indicated that the wife had attempted to remove the ATV by placing a log underneath and trying to leverage it off. The man took his own life with a revolver that he carried while riding. The deceased man was a retired Reserve Deputy Sheriff with the county.

• Gallatin NF - On 6/28, three LEO's and a PC conducted a saturation patrol in Gallatin and Hyalite Canyons on the Bozeman RD. Hyalite Canyon had been closed for several weeks due to a rock slide and the opening weekend brought large numbers of visitors. The officers issued 15 violation notices and 5 warning notices for violations including illegal camping, driving off-road, minor in possession of alcohol, possession of drugs, and possession of drug paraphernalia.

2007

• Lewis and Clark NF - On 10/25, a man from Forest Green, MT pleaded guilty to construction of an unauthorized trail and agreed to pay $5,025 restitution to the FS to repair damage he caused to NFS lands during the construction. The man rented a tracked excavator and created a trail system for his ATV through NFS lands. In addition, he utilized his ATV to gather several cords of firewood each year, but did not possess a firewood permit.

• Bitterroot NF - On 6/30, LEO's conducted emphasis patrols at the Como Lake Recreation Area on the Darby RD and issued 16 violation notices. The LEO's also responded to an ATV accident related to illegal off-road use. The victim, who suffered severe head injuries, was taken via helicopter to a nearby hospital. During the course of their investigation LEO's determined the ATV riders caused resource damage and several additional violation notices will be issued.

• Lewis & Clark NF - On 5/27, three LEO's and two Montana Fish, Wildlife & Parks Game Wardens teamed up to conduct an OHV saturation patrol in the Little Belt Mountains on the Belt Creek RD. Nearly 600 contacts were made and 18 violation notices were issued for illegal off-road use and no OHV registration. Numerous verbal warnings and 18 warning notices were also issued. Every camp within a 12 mile stretch was checked and occupants were educated on responsible use of NFS lands.

• Custer NF - On 10/21/06, an LEO was notified by the Carbon County SD and Montana HP that multiple ATV's associated with a group gathering at an FS campground had caused considerable resource damage on the Beartooth RD. Other associated incidents included littering, an unextinguished fire, and an ATV accident with injuries. Montana HP arrested a person from the party for their fifth DUI. The LEO determined that a local company had thrown a party for its employees and their families at the site. The company president rented approximately 10 ATV's and alcohol was consumed during the event. Resource damage occurred inside and around the campground, as the ATV's had driven off road, up steep embankments and on designated non-motorized trails. The president claimed responsibility for organizing the party that caused the damages and he was issued a mandatory appearance violation notice. On 5/25, he pleaded guilty and was ordered to pay full restitution of $874 for the resource damage and a $300 fine.

Recent ORV-Related Media Coverage