Trespassing snowmobiles, OHVs discussed

Leann Eckroth

Should there be more teeth in local enforcement of snowmobile and off-highway vehicle use?

Neil Fahlsing, a property owner living 1.8 miles east of Lincoln, thinks so. His three banged-up "no trespassing" signs, shown Monday to the Burleigh County Commission, were intended as proof that someone is abusing the privilege.

County commissioners took no action Monday, but a meeting is pending between rural county landowners, user groups, county officials and State Parks and Recreation officials to clear up the action. Commissioner Brian Bitner expected the meeting to be set up before April.

"I feel I am a landowner who has provided an easement for the purpose of road construction and maintenance," Fahlsing said. "I am really opposed to the commission permitting ... letting motor vehicles use my ditch, my easement for recreational purposes."

Fahlsing said the vehicles cannot operate where he posted the land. Then he produced the damaged trespassing signs.

"The majority of people follow it, but not everybody in the snowmobile circle is straightforward and aboveboard," he said.

Fahlsing said the riders intentionally struck the signs and he took them down. At one point, Fahlsing urged that violators have their snowmobile or off-road vehicle taken away.

"You need a place to ride," he told the recreation vehicle users present. "But it is not on my property." He said most riders he has spotted do not have license plates.

Most agreed that there were only a handful of operators ignoring the rules.

Fahlsing read the operating code, which stated riders may only use the recreational vehicles on private property with owners' permission.

Commissioners questioned Fahlsing further and determined the road easements property he was discussing was within riding codes set by the North Dakota Parks and Recreation Department.

Bob Gregoire, secretary-treasurer of the Roughrider Snowmobile Association, said the group maintains 152 miles of marked and groomed snowmobile trails in the county with the Missouri Valley Snowmobile Association.

He said the group's aim is for users to follow the rules and works closely with state agencies to meet guidelines.

Gregoire said that its members raise funds for many causes, and the trails provide economic development for local businesses.

He said compromise is needed, but within reason: "Closing the (trail) on county roads to over 1,000 registered snowmobiles in Burleigh and Morton County seems to be an unfair route to take." He said the club is willing to work with the county and landowners to resolve the issue.

Erik Dietrich of Motorized Recreation of the North Dakota Parks and Recreation Department said a 53-county survey showed there were no local laws on the matter. He confirmed there were 2,800 registered OHVs and 1,000 snowmobilers in Burleigh and Morton counties.

"You need to have an area for the vehicles to operate," he said.

Dietrich offered that the state agency help mitigate the upcoming discussions.

Bitner said he personally experienced operators abusing the law on his land. "I think the situation is serious enough in Burleigh County that we set up a meeting and move ahead," he said.

"There are some problems out there," commission chairman Jim Peluso said.

"You have bad apples in almost every recreational avenue - hunting, boating, fishing, snowmobiles and off-road vehicles," Dietrich said. "It's our job, with education, to eliminate or try to minimize the problem through the education process."

Source: http://www.bismarcktribune.com/articles/2009/03/17/news/local/179611.txt

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