The issues with ATVs

The controversy over all-terrain vehicles and snowmobiles will not be silenced soon, but is riddled with questions.

The Burleigh County Commission revisited the problem again Monday evening with Joe Schwingler.

Schwingler hays ditches southeast of Bismarck around housing developments. He said some were simply too dangerous to clear.

"The ditches are starting to erode where it goes up on the intersections and the flat top is starting to deteriorate.

"I think it's time to do something with these ATVs in the ditches," Schwingler told the commission. "All of them ditches are getting a lot of damage."

Burleigh County Commissioner Brian Bitner met twice in April with user groups, Burleigh County officials and the North Dakota Parks and Recreation Department to find a solution.

Bitner said it is clear the riders have caused the damage and there should be more accountability. "Irresponsible ATV and snowmobile operations have offended landowners and motorists, and they are demanding solutions," he said.

Signage

Duane Wahl, an operator of the vehicles, said ATV riders should not be given such a bad rap, and suggested stop signs be placed in the ditches to lessen the risk of collisions.

"I sympathize with the landowners. ... If we were to take the areas most widely used, maintain it like a gravel road, fix that approach if something were to happen to it." He said ATV operators should be given something back for their taxes and registration fees.

"Don't treat them like criminals. They're people who are driving where it's safer to drive rather than on the road at the place that is accessible and is closer to where they live."

He noted driving on the road is legal if the ATV is equipped properly.

Wahl said the county is a problem because it is not maintaining a place for drivers to go.

"Unfortunately, the funding source for repairs would likely be property taxes or gas tax that funds most of our road budget," Bitner said.

Bitner said signage money could possibly come by applying to the North Dakota Parks and Recreation.

Haying problems

Bitner agrees haying damaged ditches poses threats because of the ATV ruts. He has heard similar complaints from others cutting throughout the county.

"They are at risk of damaging their vehicle and personal injury in the event of an accident." Bitner noted the county/township could be liable for the cutters' injuries and that could come out of taxpayers' pockets.

Risks

Bitner said there are many other risks associated with poor operation of snowmobiles and ATVs.

"Safety is a huge concern because the damage is serious enough to cause accidents, including rollovers," Bitner said. "Operating an ATV in an unfamiliar ditch leaves the operator at risk as some of the worst hazards may be concealed in tall grass."

He said the biggest threat from a very damaged area may come to a rider not aware of the bad rut.

"My biggest concern is we not have some kid out there who is not familiar with an area, comes cruising along and hits this and gets killed. ... We can always fix the damage, but we can't fix some kid getting killed out there," Bitner said.

Motorists-landowners

He said motorists complain that ATVs and motorcycles jump driveway approaches at high speeds and have been the source of many near collisions at ditch crossings.

"You've got to get out of the way or they're going to run into you," Schwingler told commissioners this week.

Other complaints are noise and damage to mowers caused by ruts.

Bitner has asked the road department to compile some estimated repair costs for the ditches. "Some of that out there is getting to the point where it's an unbelievable amount to fix," he said.

Laws being reviewed

Commissioners have directed Burleigh County State's Attorney Richard Riha to review what authority law enforcement has when ATV operators get out of hand.

Bitner said they may look at strengthening the laws at the legislative level.

"I don't think the eventual problems were considered when the current law was passed," he said of the ATV use.

"Our options are limited," Riha said. "My office is researching this."

Solutions

"Obviously, the simplest solution would be to ban recreational ATV operation in the ditches," Bitner said. "I think a possible solution would be work along with North Dakota Parks and Recreation to create use areas and possible interconnecting trails, utilizing fees paid by ATV operators."

Bitner said it would be helpful if some local landowners with rough land, suitable for ATV use, would consider the sale or lease of the property for recreational purposes.

"It will help, but some operators do not want to load up and haul to a user area as they can already do that and don't," he said.

Those user groups who met with the NDGF have proposed to organize voluntary repair efforts, step up education campaigns, construct an ATV play area and work toward linking a trail system.

They are working toward creating videos and pamphlets which clearly show operators the problems ATV/snowmobile operations cause in ditches.

Operation rules

The operation handbook for operating ATVs can be found online at www.parkrec.nd.gov or obtained by calling N.D. Parks and Recreation Department at 328-5357.

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