New laws take affect restricting where ATVs may run

By Matt Bewley | The Daily Journal

Published Friday, April 6, 2007

Area ATV riders will have to avoid ditches, wetlands and state forest trails and roads for the next five months as Department of Natural Resources (DNR) restrictions aimed at protection of wildlife and the environment go into effect.

The restriction against riding in ditches is localized to the “agricultural zone,” the area south of Highway 10 from the North Dakota border to St. Cloud, and from there eastward, including the area south of Highway 23 to the junction of Highway 95 and east to the Wisconsin border.

The majority of Otter Tail County falls within this area.

“In this area, they have a restriction,” DNR Enforcement District Supervisor Lt. Phil Meier said, “that’s primarily for the protection of nesting birds, both game and non-game birds. The restriction goes on through Aug. 1.”

In addition to damage done to wildlife, ATVs in road ditches can cause erosion problems and, in some cases, damage the roadbed itself.

The only exception is if the ATV is being used exclusively as transportation to and from work on agricultural lands.

The wetlands and state forest restrictions are being enforced statewide.

“Wetlands, rivers, lakes and bogs, and their adjacent shorelines are also at risk to motorized recreational damage,” DNR Enforcement Wetlands Team leader Capt. Perry Bollum, said. “State law prohibits ATVs, dirt bikes and other off-road vehicles from traveling anywhere below the high-water mark of unfrozen lakes and rivers. In those areas the ground is soft, spongy and damp this time of year and can be easily damaged by illegal operation.”

The reasons are the same in the state forests.

“Closures are in effect in all state forests, like Paul Bunyan, Smoky Hills and White Earth,” Meier said. “This is the time of year when the trails and roads are real soft. We’re trying to minimize damage.”

As with driving a car, ignorance of the law is no excuse.

“The state forests have been closing seasonally many years,” he said. “It’s becoming more publicly known because of the high profile of the ATV riders in the past few years, but nothing’s changed. This is an annual closure for the protection of the environment and the trails.”

Violators of the restrictions will be stopped, he said.

“For the most part, the (ATV riders) are very good about the rules and regulations,” he said, “but there’s always a few that ruin it for everybody. If ATV operators are found in violation, they will be stopped. It is a violation of law and they can be subject to a fine, but of course, each situation is different.”

Legislation passed in 2003 restricts off-highway vehicles (OHV) use of public land that is designated for non-motorized use, and specifically restricts operating in unfrozen lakes and rivers listed in the state’s Public Waters Inventory. There are about 200,000 OHVs registered in the state, up from just 12,000 in 1984, according to the DNR.

“We encourage ATV riders to go to the DNR web site (www.dnr.state.mn.us), if there are any questions,” Meier said.