ATV rule inches forward

Howard Weiss-Tisman

BRATTLEBORO -- A controversial rule that would open some state lands to all terrain vehicles will likely go before a legislative committee for consideration soon, an attorney for the Agency of Natural Resources said.

ANR general counsel Warren Coleman said more than 2,000 comments came into the agency on the proposed rule that would set up a new policy allowing the all terrain vehicles on state land.

Coleman is making some changes to the original rule based on the comments, which he said were about two-to-one opposed to the rule.

The Legislative Committee on Agency Rules, the state body that considers and approves new rules, is scheduled to meet on Sept. 22 and Oct. 6 and 20 and Coleman said he wants to finish his work in time to have the committee consider the new rule at one of those meetings.

"We are trying to get our response wrapped up this month," Coleman said . "We got a lot of comments and we are trying to address the questions that were specific to the provisions of the rule."

Once the Legislative Committee on Agency Rules closes its public comment period, it will have between 30 and 45 days to issue a ruling.

Many of the comments were simply either endorsements or criticisms of all terrain riding and Coleman said only a couple of dozen actually asked about specific parts of the rule.

Coleman was still working on the comments, but he said questions about having the public weigh in on the requests to open lands and developing a policy that would give the agency a mechanism to revisit approved trails would probably end up in the final rule.

The proposed rule right now gives all of the power to decide on new trails to the ANR Secretary and there was not a way to go back and evaluate environmental impacts.

Rep. David Deen, D-Westminster, chairman of the House Committee on Fish, Wildlife and Water Resources, had problems with how the rule was introduced and also wants tighter environmental restrictions on the all-terrain vehicles.

But Deen recognizes that it is very rare for a rule to be rejected once it gets to the Legislative Committee, and he is working to make sure the state’s lands and waterways are protected once the vehicles are allowed.

"I am still concerned. This is a major policy change," said Deen. "If they end up doing it, I want them to control it and be thoughtful about it."

Deen, and other lawmakers who head environmental committees in the Statehouse, met with leaders of the natural resources agency when the rule was first introduced and he expects to have another meeting before the appended rule goes before the rules committee.

While Deen acknowledges that it would be hard to keep the vehicles off some state trails at this point, he said there were legislative roadblocks that could be used even if the rules committee approves the new rule.

Lawmakers could pass their own bill, he said, outlawing the machines on state land and if the bill is folded into a budget, the Governor might have a hard time turning down a spending plan he likes just because the ATV provision is included.

"There is a way to push back with legislative action," Deen said. "If they blow me off, they may well see us take legislative action if we have to."

Vermont All Terrain Vehicle Sportsman’s Association Executive Director Danny Hale is also looking forward to having the rule go before the committee.

Hale hasn’t seen what Coleman is working on, but he hopes the changes do not add too many restrictions to what he said was already a pretty thorough and tight rule.

The proposed rule has been almost five years in the making, according to Hale, and came about when a trail club in the Northeast Kingdom asked the state to use a sliver of land along a state highway to link two trail systems.

That request led to the agency looking at how state land could be opened up to the riders, and while the current season will likely be over when and if a rule is approved, Hale expects to be able to petition the state in time for the 2010 season.

"Some of that stuff is fine, but hearing that there are changes makes me nervous," he said. "I’ve been happy with the process so far. It’s taken us four and a half years to get here and it’s time they let us do this. We’d like to see the time frame picked up but we understand that this is how it goes."

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Source: http://www.reformer.com/localnews/ci_13190339

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