MN ... riding in the mud
#1
This was in todays minneapolis star tribune. This makes things better, but its not clear where its possible to ride, if you like the wet.
http://www.startribune.com/stories/587/4791703.html
ATV bill muddy on wetland riding
Tom Meersman, Star Tribune
May 24, 2004ATV0524
Legislators have tried to clarify the do's and don'ts of riding ATVs and other off-road vehicles in Minnesota wetlands.
The question is whether they have muddied the waters instead.
Under a measure awaiting the governor's signature, riders will be able to drive in virtually all wetlands as long as they do it safely and don't "carelessly upset the natural and ecological balance." A broad ban on wetland riding was repealed.
Off-road enthusiasts are happy with the change, although an ATV lobbyist conceded that it may be hard for riders to know when they've upset the ecological balance.
Conservation groups such as Audubon Minnesota would prefer to keep ATVs, 4-wheel-drive trucks and dirt bikes out of wetlands. Audobon's policy director, Susan Solterman, said the bill's "nebulous language" will make it difficult for conservation officers to arrest riders for damaging wetlands.
Just a year ago, the Legislature passed a law that prohibited off-road vehicles in several types of wetlands. Many riders complained that it was too restrictive. Wetlands couldn't be crossed by farmers, utility line repairmen, hunters and trappers or recreational riders who need to reach private property.
So the Minnesota House and Senate this year tried a different approach. It now will be legal to ride in most wetlands as long as riders are careful to protect the natural and ecological balance. They can't ride in such a way to "indicate a willful, wanton or reckless disregard for the safety of persons or property."
Ray Bohn, a lobbyist for ATV organizations, called the legislation a significant improvement because it "regulates the impact and not the activity."
That's not an improvement, Solterman said. The new rules give riders "carte blanche" to enter wetlands and, if arrested, to contest whether their riding produced ecological damage, she said.
One question is whether a biologist's opinion might be needed in court if a rider challenges a citation for wetland damage.
"We feel as if the state's wetlands deserve more protection than this," Solterman said. "This spells serious trouble in the future."
Bohn said that those concerns are overblown, and that drivers will be less likely to enter wetlands as the state finishes developing a comprehensive trail system.
Department of Natural Resource officials acknowledge that the new law will be more difficult to enforce than a simple prohibition of driving in wetlands. But John Linc Stine, DNR Trails and Waterways assistant director, said there will be some clear-cut cases.
"If someone is out there trying to make a simple and direct crossing" of a wetland and does not disturb soil, he said, it would be legal. "But if someone is trying to run around in a wetland without a specific intent or purpose, they could run the risk of being told they're careless," Stine said.
Laurie Martinson, DNR Trails and Waterways director, said she and others will meet with top conservation officers next month to decide how to enforce the new language. It is in a larger outdoors bill that Gov. Tim Pawlenty is expected to sign.
The changes do not affect lakes and streams, state parks, wildlife management areas and scientific and natural areas, where off-road driving is still prohibited.
http://www.startribune.com/stories/587/4791703.html
ATV bill muddy on wetland riding
Tom Meersman, Star Tribune
May 24, 2004ATV0524
Legislators have tried to clarify the do's and don'ts of riding ATVs and other off-road vehicles in Minnesota wetlands.
The question is whether they have muddied the waters instead.
Under a measure awaiting the governor's signature, riders will be able to drive in virtually all wetlands as long as they do it safely and don't "carelessly upset the natural and ecological balance." A broad ban on wetland riding was repealed.
Off-road enthusiasts are happy with the change, although an ATV lobbyist conceded that it may be hard for riders to know when they've upset the ecological balance.
Conservation groups such as Audubon Minnesota would prefer to keep ATVs, 4-wheel-drive trucks and dirt bikes out of wetlands. Audobon's policy director, Susan Solterman, said the bill's "nebulous language" will make it difficult for conservation officers to arrest riders for damaging wetlands.
Just a year ago, the Legislature passed a law that prohibited off-road vehicles in several types of wetlands. Many riders complained that it was too restrictive. Wetlands couldn't be crossed by farmers, utility line repairmen, hunters and trappers or recreational riders who need to reach private property.
So the Minnesota House and Senate this year tried a different approach. It now will be legal to ride in most wetlands as long as riders are careful to protect the natural and ecological balance. They can't ride in such a way to "indicate a willful, wanton or reckless disregard for the safety of persons or property."
Ray Bohn, a lobbyist for ATV organizations, called the legislation a significant improvement because it "regulates the impact and not the activity."
That's not an improvement, Solterman said. The new rules give riders "carte blanche" to enter wetlands and, if arrested, to contest whether their riding produced ecological damage, she said.
One question is whether a biologist's opinion might be needed in court if a rider challenges a citation for wetland damage.
"We feel as if the state's wetlands deserve more protection than this," Solterman said. "This spells serious trouble in the future."
Bohn said that those concerns are overblown, and that drivers will be less likely to enter wetlands as the state finishes developing a comprehensive trail system.
Department of Natural Resource officials acknowledge that the new law will be more difficult to enforce than a simple prohibition of driving in wetlands. But John Linc Stine, DNR Trails and Waterways assistant director, said there will be some clear-cut cases.
"If someone is out there trying to make a simple and direct crossing" of a wetland and does not disturb soil, he said, it would be legal. "But if someone is trying to run around in a wetland without a specific intent or purpose, they could run the risk of being told they're careless," Stine said.
Laurie Martinson, DNR Trails and Waterways director, said she and others will meet with top conservation officers next month to decide how to enforce the new language. It is in a larger outdoors bill that Gov. Tim Pawlenty is expected to sign.
The changes do not affect lakes and streams, state parks, wildlife management areas and scientific and natural areas, where off-road driving is still prohibited.
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