This article may be of interest, if you like to go in the mud.
cook county paper
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Off-road law no blank check
Cook County News-Herald
Last Updated: Thursday, June 17th, 2004 02:24:39 PM


The last day of the 2003-2004 legislative session produced a new, OHV/ATV friendly wetlands bill, one that frees enthusiasts from what many saw as discriminatory legislation. That freedom comes with a price tag.
The bills — House File 22312 and Senate File 2472 — came on the heels of legislation in 2002 which prohibited strictly four-wheel, off-road, all-terrain or dirt bike crossing of wetlands. Pretty much all wetlands. No matter if they were on public or private lands, including one’s own.
That piece of business was a stick in the eye of all those who have come to enjoy off-roading of all kinds. Because their numbers are increasing faster than those of the opposite stripe, the loud ‘ouch’ after the 2002 legislature ended got the attention of lawmakers eager to please in an election year.
Suddenly, what began as a land use issue, morphed into a conflict between silent sports enthusiasts and those who prefer a little horse power on the trail.
The Wetland Conservation Act of 1991 started it all. Republican Gov. Arne Carlson signed the act into law then and in 1992 it went into effect. The goal was simple: to “maintain and protect Minnesota’s wetlands and the benefits they provide.” (Minn. Board of Water and Soil Resources)
The reason for that was wetlands were disappearing at a shocking rate, with most state counties retaining less than 50 percent of their pre-settlement wetlands. That loss meant poor water quality — wetlands filter pollutants out of groundwater — and fewer places for wild creatures and crops to grow. Flooding, especially in the southern part of the state, was increasing in direct proportion to the disappearance of wetlands.
The idea behind the 1991 law was ‘no net loss.’ If a wetland was damaged, through development or accident, whoever did the damage would be held responsible for fixing it. The wetland could either be restored or replicated, but the end result would be that Minnesota would stop losing a major natural resource.
Trouble was, in 1991, off-road riders were not included in the law. Including them, unfortunately, translated into excluding them. They were held to a much higher standard than anyone else who deals with wetlands. The new law fixes that. But there’s a catch.
The law now focuses more on the damage than on what caused it. Some damage is written off completely. How much is too much depends on where one rides. In counties like Cook County, with more than 80 percent of pre-settlement wetlands intact, as much as 10,000 square feet of damage (called ‘allowable impact’) may be permitted. Shoreland wetland protection zones and white cedar and tamarack wetlands are off-limits.
That is where the price of freedom can get pretty spendy. Knowing where you are and where you shouldn’t be is not optional. Riders finding themselves in a wetland can be fined and found liable for costly restitution. The law extends a privilege, as does a license to drive, but not a right. And privileges, if abused, can and should be taken away. But not from everyone. Just those who can’t “play well with others.”
Riders would do well to take the advice of Ray Bohn, lobbyist for the ATV Assoc.of Minn. Bohn writes this month in Offroad Magazine, “Ride as if everyone is watching.”
Rest assured, lots of folks will be.