New Mexico

SANTA FE (AP) - The state Game and Fish Department will take charge of overseeing state laws governing all-terrain and off-road vehicles under legislation approved today by the Senate.

The bill transfers oversight to the agency from the Tourism Department and allows for higher trail use fees.

Dan Boyd

SANTA FE - A bill backed by a coalition of environmental groups and ranchers that would overhaul the way all-terrain vehicles are regulated made it over its first committee hurdle Wednesday after a provision to increase the minimum operating age from age 6 to 14 was removed.

Increases in registration fees and possible fines for off-highway motor vehicle riders also are a step closer to being approved.

T.S. Last

It's back to Square One on the issue of ATV use within the village limits of Magdalena.

At Monday's Board of Trustees meeting, final consideration of an ordinance that would allow limited use of off-highway vehicles — such as all-terrain vehicles and dirt bikes — along roadsides in the village was rejected. The board will start the process again by holding a public hearing on a revised ordinance to amend the uniform traffic code at its next regular meeting on Wednesday, Feb. 25. That version will restrict the use of all off-highway motor vehicles within the village limits altogether.

The amendment considered at Monday's meeting would have allowed ATVs to traverse property adjacent to streets within the village — but only when en route to or from areas designated for the operation of off-highway motor vehicles.

Village Marshal Larry Cearley spoke out against the amendment and said it would be too difficult to enforce. He said dangerous and unlawful use of the off-road vehicles in town was pervasive, and it would be better if there were a complete ban within the village limits.

"I think we should go back to the drawing board on it," Cearley said of the ordinance. "I'd ask that the board reconsider and ask that no four-wheelers be allowed in Magdalena ... We're headed for trouble if we don't ban them."

The trouble with the ordinance as written, according to Cearley, was the language would make it difficult for charges to stick. Violators could simply say they were going to or from a legal area when they really weren't, he said.

Mayor James Wolfe agreed with the marshal.

"The only way you stop (unsafe use of ATVs) is to stop use in town," he said. "If people want us to enforce it off-highway, it's going to be very difficult."

Tim O'Neil, the town's fire marshal, supported the idea of banning ATV use within the village for safety concerns.

"It's only going to be a matter of time, there's going to be an accident," he said. "People become accustomed to doing things, but sooner or later someone will get hurt."

Mayor Wolfe said he wished trustee Jack Fairweather, who was absent from the meeting, was there because he thought Fairweather was in favor of this version of the ordinance.

While trustees Barbara Baca and Dolly Dawson voted against the amendment, Carmen Torres cast a vote in favor.

"I feel like we're penalizing those that follow the rules," she said.

The mayor invited more public input on the matter when it's addressed at the next meeting.

"Maybe we can get a few more people involved in the discussion," he said.

In other business:

# Acting as the planning and zoning commission, the board approved a land split of property north of the stockyards.

Beverly Gallaher of Old Westland Realty said the split would separate approximately 5 acres from an 80-acre tract to the north and west of Magdalena's historic stockyards. She said the split was the first in what could eventually be multiple splits of the property, which is owned by Kenneth Owens.

Access to the 5-acre parcel would be from Ash Street and there is a utility easement in place to allow for power and water to be supplied.

Gallaher read through the covenants, which permitted the placement of a mobile home on the property and allowed for livestock.

Although Baca expressed concern about a larger development ruining the scenery, she eventually made the motion to approve the split, which passed unanimously.

Gallaher went on to briefly outline the concept for possible future development of the remaining 75 acres. Many parcels would be more than 5 acres and there could be another eight to 10 splits in all, she said.

# It was announced that Deputy Clerk Carleen Gomez is now officially certified as a municipal clerk.

# It was also announced that Barbara Baca has awarded a $500 scholarship for a leadership program put on by the New Mexico Municipal League and Leadership New Mexico to be held Thursday through Saturday, Feb. 26-28, in Santa Fe.

Steve Terrell

It’s not often that environmentalists find common ground with farmers and ranchers in the Legislature or elsewhere. But one bill, which will be heard for the first time later this week in a Senate committee, has won the support of both groups.

The bill is Senate Bill 379, sponsored by Sen. Phil Griego, D-San Jose. Dealing with the regulation of off-highway vehicles, the bill would raise registration fees, and increase penalties for violating the state’s off-highway law — a $200 fine for the first offense, $500 for the second and $800 for a third or subsequent violation.

Susan Montoya Bryan

ALBUQUERQUE, N.M. — Gordon Spingler is 75, but he still loves riding dirt bikes and taking along his children and grandchildren to share his reverence for nature.

"It's the experience of the outdoors," said Spingler, whose backyard is a gateway to hundreds of miles of singletrack through some of New Mexico's most beautiful areas.

Susan Montoya Bryan

Some say lawmakers' effort to improve safety could curtail access to N.M.'s backcountry

ALBUQUERQUE — Gordon Spingler is 75, but he still loves riding dirt bikes with his children and grandchildren and sharing his reverence for nature with them.

"It's the experience of the outdoors," says Spingler, whose backyard is a gateway to hundreds of miles of singletrack through some of New Mexico's most beautiful areas.

Laura Nesbitt

Cibola National Forest personnel listened to widely varying requests about roads in the forest at a public meeting last week.

It was the first of a series of meetings held by the Mountainair Ranger District to gather input about the Travel Management Process. The Process requires all national forests and grasslands to designate a system of roads, trails and areas for the purpose of minimizing the impact of motor vehicle use, according to the U.S. Forest Service.

Marissa Monroy

SOCORRO -- Police are set to begin enforcing strict ordinances regarding the use of all-terrain vehicles after a rash of wrecks involving teenagers, including a wreck in nearby San Elizario that resulted in the death of a teenager.

Police officials said a lack of strict enforcement has led to a culture of riding ATV's and other motorized sport vehicles on the city streets and neighborhoods. Riders typically do not wear their safety helmets and are not certified to ride the ATV's, they added.

ALBUQUERQUE — A handful of state agencies has developed recommendations aimed at resolving conflicts with off-road vehicle users and curbing damage to cultural and natural resources across New Mexico.

The agencies presented the recommendations to state legislators during a packed meeting at the State Capitol on Wednesday. The hours-long meeting drew off-roaders, land owners and environmentalists, all passionate about their right to enjoy public land.