South Dakota

Recent Legislative Action

2009

HB1024: Gives Secretary of Transportation authority to ban ORVs in ditches along state roads (3/6/09: Enacted)

Community Voices Demand Action in South Dakota

South Dakotans 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 can't continue to utilize the Black Hills in the fashion we have, particularly in the past 10 years. Just because the hill is there doesn't mean we need to climb it and produce another trail. Those ruts are there for years." -- Tom Blair, ORV rider and owner of Whistler Gulch Campground in Deadwood, "Changes coming for ATV riders", Rapid City Journal (10/18/09)
• "If you guys can't stop them, I will." -- Don Hoffman, rancher in Harrisburg upset that off-road drivers have damaged his property, making it dangerous to haul his cattle across it, and have almost hit his daughter and granddaughters, "Lincoln County considers off-road ordinance", Argus Leader (11/3/08)

• "Unfortunately, it's usually the minority that makes rules and regulations necessary for the majority, and this would be a case of that. Peer pressure just won't do it. As we've seen in the past, it doesn't take too many irresponsible off-road vehicle users to do serious damage to the forest. Because of that, a fee should be in place to provide for enforcement of the trail rules. And when damage does occur as a result of irresponsible riders, the fee should cover repairs." -- Rapid City Journal Editorial Board, "Off-road fee has merit", Rapid city Journal (10/22/08)

• "There has been four incidents of near misses on that road. I'm asking the county to bite the bullet and get this thing stopped before someone gets hit and killed." -- Willis Hanna, property owner in Harrisburg, referring to ORV use on county roads and ditches, "County to look at ATV laws", Argus Leader (10/11/08)

• "When I take people back there on foot or on horseback, they are uniformly awestruck by the beauty and silence that is woefully lacking in their lives. Without this additional layer of protection, the Indian Creek Area will eventually fall prey to the same abuses and destruction, in the form of unauthorized or additional authorized off-road traffic, that other public land in our area has fallen prey to." -- Dan O'Brien, rancher, "S.D. senator hopes to garner rancher support for grasslands bill", Land Letter (7/8/10)

• "Five years ago we basically didn't have anything close to the numbers of ATVs and dirt bikes and off road machines that we do today." -- Tom Willems, a spokesman for the Forest Service, "Off-road vehicle regulations coming in Black Hills", Associated Press (8/24/07)

• "OHV riders are coming out of the forest dripping with mud...There's other people out enjoying the forest and they see some kind of inappropriate behavior and I have had a couple of people who have given me license plate numbers to follow up on." -- Bonnie Jones, Travel Coordinator with the Northern Hills Ranger District, "OHV travel tearing up saturated trails", Black Hills Pioneer (6/14/08)

• "As is often the case, a small population of off-road riders have generated enough complaints and concerns to warrant action - both from the forest service and local enthusiasts. The forest service efforts in trail management and the private efforts to manage the growing off-road vehicle industry are positive moves that will result in more enjoyment for riders and a better managed national forest." -- Rapid City Journal Editorial, "Off-road efforts good for all users", Rapid City Journal (10/21/09) 

• "It's Grand Central Station...They're going at 6 in the morning and coming back at midnight...They're hootin' and hollerin' and having a good time." -- Becci Rowe, Resident of High Meadows, "High Meadows Off-roaders hope to curb 'outlaws'", Rapid City Journal (4/5/07)

• "The U.S. Forest Service has developed a trail proposal in the Black Hills National Forest to reduce unrestricted off-roading. A lot of people who enjoy off-roading won't like it. It's exactly what needs to be done...But we believe a big change is just what is needed. The number of off-roading participants and the damage done have grown substantially. And there's no real reason to do the damage in the first place. The whole purpose of a national forest is to set aside land to keep it from being developed and to preserve it in it's natural condition. With so much of the rest of the U.S. being developed, preserving national forests becomes even more important. We endorse the idea of creating off-road trails in the Black Hills National Forest and prohibited random off-roading throughout the rest of the forest." -- Editorial, "Off-road plan for Black Hills is just what is needed now", Madison Daily Leader (9/12/07)

Examples of Recent ORV-Related Law Enforcement Activity

Source: United States Forest Service

2008

• Black Hills NF - On 6/15, a mountain bike rider observed five 4-wheel drive trucks stuck in an area closed to motorized vehicles. The rider recorded the license plate numbers of three of the trucks and reported them to Northern Hills RD staff. An FPO, LEO, and SA investigated the off-road driving. A total of seven trucks had been stuck during the incident. Six of the drivers were indicted on 18 USC 1361, Depredation of Government Property, and a Federal Grand Jury returned a true bill on all six. The seventh driver is a juvenile and will be charged separately.

• Black Hills NF - During the annual Sturgis Motorcycle Rally, LEI was assisted by DEA, USMS, and National Guard personnel with a drug interdiction operation on NFS lands. The operation resulted in 12 arrests for possession of cocaine and marijuana, along with 22 violation notices for possession of marijuana. In addition, a motorcycle valued at $40,000 was seized.

• Black Hills NF - On 7/4, LEO's, FPO's, and South Dakota Game, Fish & Parks personnel conducted a special emphasis patrol at a high use lake on the Mystic RD. A total of 24 citations were issued for alcohol and/or marijuana possession, littering, fireworks, blocking an NFS Road, and OHV violations. Beach activities were halted for a group of young people that were jumping on a trampoline and then diving over a 35-foot cliff into the water.

Recent ORV-Related Media Coverage