Cut through noise and respect right to peace and quiet

Off-road vehicles can stir up a lot of dust when being operated. They also can stir up a lot of emotions when talk turns to increasing their use in Yakima County.

At issue is whether county commissioners should ease up the current regulations and permit greater use of these types of vehicles on private property in rural areas. Both proponents and foes alike rely on private property rights as a key element when arguing for their cause.

Last week, nearly 300 showed up at a public hearing to debate the proposed changes to the ORV rules. Passions were heated, and unruly shouts disrupted the meeting.

All of this leaves the three commissioners with a very tough decision to make.

However, we see value in the property rights debate and believe the commissioners can use it to their advantage when fashioning a decision.

Currently, the county requires the highest level of planning review for anyone creating an ORV course or facility. This includes a public hearing. These facilities are also restricted to the most remote areas of the county and to lot sizes greater than 10 acres.

For use of an ORV on someone's property, the lot must be larger than 3 acres and have no jumps, tracks or wear patterns.

The proposed changes to the ORV rules have their roots in 2007, when a property owner disputed the location of an ORV track near his home. That's when the Dust Dodgers, a local motorcycle group, stepped in and suggested a number of changes to the county's zoning ordinance.

Under the motorcycle group's proposal, ORV facilities would no longer have to undergo a public-hearing process and would be allowed to expand into agricultural and rural residential zoned areas of the county. Lot sizes would also be reduced to as small as 2.5 acres -- a steep drop from the current 10-acre minimum.

ORV riding on private property would be permitted from 7 a.m. to 9 p.m. and would be restricted to the property owner's family and guests, with a limit of five ORVs being ridden at once and with established noise restrictions.

It's easy to see how private property advocates could be on both sides of this issue. We are sympathetic to those living in rural areas of the county wishing to operate their ORVs as they see fit. However, dust and especially noise from these four-wheelers and dirt bikes are not limited by property lines. Intrusion upon someone else's right to enjoy their property is also at stake.

We are not convinced a significant relaxation of the rules is in the county's best interests.

First, enforcing noise restrictions would be a nearly impossible task for the county sheriff's office that has only two off-road vehicle officers and no equipment to gauge the decibel levels of offending ORVs. The same holds true for dust violations, though a video camera could help document these offenses. It takes time for officers to arrive on the scene. By then, the suspected misdeed may have ended.

Then there's the desire to end the public hearing process and let ORV facilities sprout up wherever they are allowed within newly and expanded designated areas. That's a neighborhood feud waiting to happen. Again, the county seems ill-equipped to handle these potential flare-ups.

Also, the hours of operation that the motorcycle enthusiasts have proposed are extreme at the very least. Allowing use as early as 7 a.m. and permitting the noise and dust clouds to continue until 9 p.m. seems overly generous. It's not as if this outside activity is akin to a construction site where similar commotion takes place during set hours. We assume construction of a building will end at some given point in time. Not so with off-road vehicles.

While county commissioners will necessarily ponder the issues involved with private property rights, we find no compelling reason to dismantle the current regulations and liberalize use of ORVs in rural residential areas.

Tweaks? Maybe. Overhaul? No.

* Members of the Yakima Herald-Republic editorial board are Michael Shepard, Bob Crider, Barbara Serrano, Spencer Hatton and Karen Troianello.

Source: http://www.yakima-herald.com/stories/2009/04/28/cut-through-noise-and-respect-right-to-peace-and-quiet

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