New Mexico

Recent Legislative Action

2009

SB379: Increases registration fees, mandates that 50% of ORV fund go to enforcement/education and creates balanced board including property owners. (5/1/09: Enacted)

2008

SJM13: Requires federal agencies to ensure traditional land uses (non-motorized) are not adversly impacted by ORV planning routes (6/2/08: Enacted)

SJM40: Requires state to study the costs of unregulated ORV use (2/11/08: Enacted)

Community Voices Demand Action in New Mexico

• "I know that in Colorado they're having the same kind of issues, and in Arizona they're having the same kind of issues. If you talk to any government official who deals with parks or mountains or wilderness areas, they're going to tell you these off-roaders are destroying the trails, they're destroying the forests, they're disrespecting the people who make a living off the land." -- Sen. Phil Griego, New Mexico state senator, "Off-roading recommendations presented to state lawmakers", Associated Press (1/8/09)

• “One year later, ORVs and ATVs are still uncontrolled on our national forest public lands, destroying fragile soils and riparian ecosystems that have been entrusted to the Forest Service ." -- New Mexico Environment Department Secretary Ron Curry, "New Mexico seeks feds' help on off-road vehicles", New Mexico Business Weekly (7/6/10)

• "As use has increased, users have pioneered new routes and ventured into areas where vehicles seldom traveled in the past. Conflicts between ATV's and non-motorized users are increasing. The time has come to address this increasing use and develop a plan that will provide for the future enjoyment of the forest by motorized users and non-motorized users alike." -- Dick Markley, Gila National Forest Supervisor, Silver City Sun-News Op-ed, Silver City Sun-News (10/13/08)

• "OHVs are making accessible remote areas of the backcountry where sites, previously protected by virtue of their distance from established roads, are now being looted and vandalized at an alarming rate." -- Richard Moe, president of the National Trust for Historic Preservation, "Looting of artifacts rampant amid economic downturn", Land Letter (9/25/08)

• "...there are scientific explanations for why ORVs damage forest ecosystems in ways more extreme and rapid than mere human and animal foot traffic. Without understanding the damage their vehicles inflict on the forest, ORVers have little incentive to change their behavior—and the public has less incentive to request serious regulation of motorized recreation by the Forest Service." -- Valerie Gremillion, Santa Fe Reporter, "First Person: Off-Road Facts", The Santa Fe Reporter (9/2/08)

• "Illegal, loud and disruptive use of ATV's has been a longtime problem for residents of Tierra Contenta. Councilor Carmichael Dominguez has worked closely with the City's Constituent Services staff to educate the public about the proper use of ATVs. Councilor Dominguez said, ‘I support the enforcement efforts by [Santa Fe Police Department] and I am hopeful the Court will cooperate. I look forward to an improved quality of life for people in Tierra Contenta." -- "ATV ENFORCEMENT IN TIERRA CONTENTA", City of Santa Fe Press Release (8/14/08)

• "There certainly are responsible OHV users out there. But the kind of impacts we saw in the Jemez were not from a hunter going from a road to a hunting camp. This was people joy-riding up and down the banks of streams. That's not responsible use." -- Marcy Leavitt, water and wastewater division director for the New Mexico Environment Department, "Environment Department urges more control of off-road vehicles", Santa Fe New Mexican (7/3/10) 

• "We will have law enforcement out there. Is it enough? Probably not." -- Steve Romero, Pecos/ Las Vegas District Ranger, "ATV Opponents Question Enforcement; Forest Service Is Reducing Trails", Albuquerque Journal (8/13/08)

• "I hate these things. They're loud. They're obnoxious…If I'd had my druthers I'd have shot the guy. It's a good thing my arm was so screwed up or I might have." -- Bill Burgund, a retired police officer and amputee who was hit by an ORV rider and packs a sidearm on his daily walks, "'Off-Road Rage' Climbs as Trails Get More Crowded", The Washington Post (8/12/08)

• "I won't discount the yahoo factor -- anything goes out there. We've had Boy Scouts put up signs, and they don't last a week out there." -- Steve Henke, the BLM district manager in Farmington, "'Off-Road Rage' Climbs as Trails Get More Crowded", The Washington Post (8/12/08)

• "Whether people like it or not, there are going to be off-road vehicles on public lands. The question is: Where is it appropriate and where is it not? I think it is a growing problem that is going to continue because I see the Forest Service and the BLM having their budgets cut for enforcement at the same time we have an increase in the sale of off-road vehicles." -- Leo Hubbard, Rancher, Santa Fe New Mexican (3/20/08)

• "I think both of you said you have the authority you need to deal with [reckless ORV riders]... but it is my strong belief you don't have the resources...I would say BLM needs more resources to get the mapping done a lot quicker than 10 years. But even once the mapping's done, that's when the resource need even grows dramatically. The more off-road or off-highway vehicle use we're gonna have on the public lands and permit on the public lands, the more resources are gonna be required to properly monitor that and manage that." -- Sen. Jeff Bingaman, United States Senate, Senate Committee on Energy and Natural Resources (6/5/08)

• "The Hispanic rancher, the Native American rancher and the Anglo rancher were here long before there was a national forest, and they maintained the land. They want to continue to do that. They want to continue to pass the ability to ranch that land, manage that land, down to their grandkids and their great-grandkids." -- Sen. Phil Griego, Deseret Morning News (6/24/08)

Examples of Recent ORV-Related Law Enforcement Activity

Source: United States Forest Service

2008

• Cibola NF, On 9/26, an LEO located a fence that had been cut to allow ATV's to drive into a closed area on the Jemez RD. An ATV had been driven across a small meadow. As a result, fragile soil and vegetation had been damaged. The investigation continues.

• Carson NF - On 7/6, an LEO investigated reports from several campers who heard gunshots the previous night in La Junta Canyon on the Camino Real RD. New Mexico Game and Fish officers assisted the LEO. Two separate families camping in the area admitted to discharging black cat fireworks. The parents allowed their children to discharge the fireworks even after reading the sign prohibiting fireworks at the entrance of the canyon. Violation notices were issued to the fathers for igniting or discharging fireworks. Later that day, the NMGF officers reported an ATV in a closed area. The LEO issued a violation notice to the ATV driver.

• Cibola NF - On 7/5, an LEO contacted four individuals riding ATV's in a closed area on the Mountainair RD. One of the ATV's was not registered or insured as required by state law. Several violation notices were issued.

• Santa Fe NF - On 7/4, an LEO on the Jemez RD contacted a man on an ATV and gave him a warning regarding ATV violations. Later that day, the LEO saw the same man violating the laws he had been warned about. The LEO issued two violation notices to the man.

• Carson NF - During the weekend of 7/4, an LEO issued several violation notices on the Questa RD and Camino Real RD to ATV operators for violation of state OHV laws including no vehicle registration, minors not wearing helmets, and riding double.

• Cibola NF - During the week of 6/30, a PC and an LEO assisted the Sandia RD and Mountainair RD with patrols for enforcement of closure orders due to extreme fire danger. The officers issued 74 violation notices and 40 warning notices for violations including being in a closed area, possession of alcohol where prohibited, minor in possession of alcohol, open container of alcohol in a motor vehicle, possession of marijuana, littering, discharging fireworks, ATV violations, abandoned property, and failure to pay fee.

• On 6/14, an LEO and FPO located an ATV in an area closed for the protection of wildlife during the elk calving period on the Questa RD. The officers made contact with two men who drove a quad runner around the locked gate into the area and issued the ATV owner/driver a violation notice. The LEO and FPO continued patrolling the closed area.

• Cibola NF - During the Memorial Weekend, an LEO made several ATV contacts on the Mt. Taylor RD resulting in nine citations for violations including no helmets, riding with two persons, and no registration.

• Gila NF - During Memorial Day Weekend, several recreation areas were completely full and LEO’s issued numerous citations for unsafe campfires, misuse of ATV's, alcohol violations, and litter. One intoxicated person created problems in a campground but calmed down when an LEO arrived at the campsite.

• Santa Fe NF - On 5/25, an LEO and PC issued several violation notices for OHV violations, no registration, no insurance, suspended driver's license, open container of alcohol, failure to pay recreation fee, and fishing without a license on the Pecos RD.

• Carson NF - On 5/23-26, five LEO’s assisted with law enforcement coverage and presence for the annual Red River Motorcycle Rally. The Questa RD, in a cooperative effort with the town of Red River, managed the large group event as an incident under the Incident Command System. Law enforcement agencies from throughout New Mexico assisted with keeping the peace and order during the Rally. Numerous motorcycle groups including Banditos, Nomads, Black Berets, Los Compadres, Christian Bikers, Sons of Silence, Black Rebels, and Mongols were observed at this year’s event. The total number of riders was high in comparison to previous years with an estimated 15,000 bikers at Red River during the event. LEO’s cited bikers with possession of drugs at FS campgrounds in the area and Red River authorities reported several arrests. EMS personnel responded to numerous incidents including a woman who fell in the river and suffered serious injuries along with hypothermia, and one man who was killed when he fell off a hotel balcony.

• Santa Fe NF - During the week of 4/6-12, an LEO issued numerous citations on the Pecos/Las Vegas RD for violations including theft of two tons of moss rock, OHV-caused damage to the land, and removing live aspen trees without authorization. The LEO also impounded a vehicle that was occupied by an unlicensed driver. The vehicle registration had been expired for two years and the driver was unable to provide proof of insurance.

• Gila NF - On 3/28, LEO’s worked with the Forest staff to coordinate enforcement efforts for an ATV Jamboree held on private land adjacent to the Forest. Patrols were conducted by District employees, LEO’s, and Grant County SD. Numerous citations and warning were issued to ATV riders on NFS lands.

• Cibola NF - On 3/30, an ATV traveling at high speed crashed on the Sandia RD. The 16 year-old female passenger was killed on scene, while the 18 year-old male driver was airlifted to a hospital. It was determined the two had not been wearing helmets.

• Santa Fe - On 3/22, an LEO’s responded to an NPS Ranger’s report of an unauthorized vehicle in a closed area behind a locked gate on the Jemez RD. With the assistance of the NPS officers, the LEO’s were able to contact the violator and determined they had illegally copied a key issued to residents in the area. The key was confiscated and numerous violation notices were issued.

• Santa Fe NF - On 3/15, the Jemez RD received a report from a local Cochiti resident of persons driving on a closed NFS Road. An LEO’s investigation determined that someone had cut a wire fence and driven ATV’s around the locked gate on the road. The investigation continues.

• Santa Fe NF - On 3/15, an LEO issued two violation notices to a couple who endangered their children while recreating on OHV’s on the Pecos/Las Vegas RD. A 3 year-old girl without a helmet was riding the gas tank of an OHV and a 9 year-old boy without a helmet was riding on the rear of an OHV. The vehicles were designed for only one rider.

• Santa Fe NF - On 2/24, an LEO located damaged gates on Hwy 84 within the Espanola RD erosion area. This area is closed to all motorized vehicles. Vandalism to gates has been an ongoing problem since the closure was implemented in 2007 for resource protection.

• Lincoln NF - On 8/5, an LEO and FS Fire units were requested to respond with State Police and Lincoln County EMS to an ATV rollover accident in a remote area of the Forest. The LEO arrived first on scene and provided patient care and assessment to a 59 year-old woman with possible rib fractures and other complications. FS Fire crews assisted with transport of the victim by backboard out of the canyon to a waiting ambulance that transported the victim to a medivac helicopter on an NFS Road. New Mexico SP is conducting the investigation.

• Gila NF - On 7/7, LEO's and County Deputies responded to a report of ATV drivers under the influence of alcohol and with weapons in a recreation area. Upon arrival, the officers saw someone throw a beer can out of a vehicle's window and conducted a traffic stop. Violation notices were issued for underage possession of alcohol and littering to the group that was also identified as the subject of the original complaint.

• On 6/13, an LEO, along with members of the Central Oregon Combined Off-Highway Vehicle Operations (COHVOPS) volunteer group and volunteers from the Deschutes County SD conducted a SAR for a seven year-old boy lost on the Bend-Ft. Rock RD. The young boy was found unhurt the following morning.

• Carson NF - On 12/8/06, an individual operating a vehicle on the Questa RD passed a clearly posted sign that stated, "Motorized Travel Behind This Sign is Prohibited" and caused resource damage. An FPO cited the person for the violation and represented the FS in court on 10/17. The defendant was found guilty of the charges and was sentenced to pay $1,500 restitution to the FS.

Recent ORV-Related Media Coverage