Arizona offroaders may be forced off State Trust Land

[Explorer]

http://www.azcentral.com/news/articl...hwayRules.html

The Arizona State Land Department is considering restricting or closing a large portion of state trust land in and around the Valley to motorized vehicles in an aggressive effort to improve air quality.

It is the latest attempt to both better regulate off-highway vehicles and reduce the amount of choking dust in the region's skies.

The Land Department's action, if approved, could effectively ban or limit dirt bikes, quads, Jeeps and ATVs from a wide array of popular trails in Maricopa County and parts of Pinal County. Areas affected include trails near Lake Pleasant and the White Tank Mountains, as well as Granite Mountain in Scottsdale, the Hassayampa River near Wickenburg and Desert Wells near Apache Junction.

The agency is hardly alone in limiting off-road recreation as a sweeping attempt to reduce dust.

Maricopa County and Valley cities have passed their own ordinances, state laws are getting more restrictive, and even federal agencies, such as the U.S. Forest Service, are debating policy changes.

Many off-roading enthusiasts say they fear their cherished pastime is on the verge of being overregulated.

"Some of the agencies, you have to wonder if their motive is to eliminate OHVs (off-highway vehicles) and maybe not dust control," said Mike Fissel, whose group, Jeep Expeditions, frequently takes days-long sightseeing trips into the desert.

"People like myself, the only reason we get outdoors is that we do have the ability to hop in our Jeeps and enjoy what the state, nature and God has given us," Fissel said. "Without it, we are basically stuck on the freeways."

Dust control

The proposals to control dust-related pollution come at a critical time for the Valley and off-highway-vehicle enthusiasts.

On one hand, Maricopa County and a portion of Pinal County are under a federal mandate to reduce the amount of particulates in the air, which is prompting a host of restrictions on agriculture, construction and other industries.

On the flip side, off-roading is enjoying tremendous popularity.

According to some estimates, there are as many as 400,000 to 500,000 all-terrain vehicles in the state, and the number of those participating in the activity has grown as much as 347 percent in the past decade.

Striking a balance between the two opposing interests is proving a challenge.

"We recognize that if all our lands were closed, that might be a problem," Deputy Land Commissioner Jamie Hogue said. "We have not come up with a final resolution."

Hogue said the State Land Department hopes to have a proposal in place within the next month or two. The agency controls almost 1 million acres in the area affected by the federal government's cleanup order.

Many of the new and proposed restrictions on off-highway vehicles have their roots in the "Five Percent Plan," which regional officials submitted to the Environmental Protection Agency last year.

The plan includes more than 50 particulate-reducing efforts, all of which are designed to cut the amount of dust the county emits each year by 5 percent, until local air monitors run for three straight years without seeing a violation of federal health standards.

Failure to comply with the stringent order could cost the region up to $7.8 billion in lost federal transportation money.

As part of that plan, Gov. Janet Napolitano signed Senate Bill 1552 in July 2007.

The legislation banned off-highway-vehicle use in what is called Area A, a region that includes most of Maricopa County and small portions of both Pinal and Yavapai counties, on particulate high-pollution advisory days. It also ordered all government agencies in that area to adopt their own measures to cut dust-related pollution.

Those regulations are prompting the State Land Department to consider the new restrictions.

"From our standpoint, we feel it's necessary to comply, like everyone else in Arizona, with the cleanup requirements," Hogue said. "The more likely it is to create dust, the less likely it is that we could keep it open to vehicular use."

One area that already has been closed is Granite Mountain Multiuse Area in Scottsdale. Many of its trails recently became off-limits to off-road vehicles under a strict dust-control ordinance adopted by the City Council in March. Provisions in the ordinance include banning off-road vehicles on unpaved areas that haven't been treated or stabilized with water, crushed rock or other dust-reducing chemicals.

However, Hogue said the Land Department is trying to find a middle ground. One option includes keeping some popular areas, such as Desert Wells near Apache Junction, open while restricting use in others.

Confusing laws

Jeff Gursh and Sandee McCullen are among the more active members of the off-highway-vehicle community. Gursh enjoys his dirt bike; McCullen's family owns four-wheel drive autos, quads and dirt bikes.

Both have worked with state and regional officials on off-road land-use issues for years.

Both are frustrated.

They say that they recognize the need for increased regulation of irresponsible off-roaders and applaud the passage of a new state law that will take effect next year. It sets an annual permit fee for off-highway vehicles and creates a fund for new enforcement officers and trail maintenance and rehabilitation.

"We want our yahoos to have some common sense when it comes to use of our lands," McCullen said, "and law enforcement is the only way we're going to do it."

But they both say some new state regulations, most notably those that have their roots in SB 1552, have caused rampant confusion among enthusiasts. McCullen said she fears the state land proposal could be disastrous because too many restrictions could force some off-roaders to ignore the rules altogether.

"I don't think anybody knows what is going on," McCullen said. "And a big part of it is that the agencies that are under pressure for (air quality) attainment just aren't thinking through the rules they're proposing."

Gursh and McCullen said government officials have done a poor job of publicizing some of the new rules. Some in the community, for example, were unsure whether they could ride on high-pollution advisory days for ozone (they can), and many still aren't sure which lands are included in the non-attainment area.

To combat the problem, Gursh's group, the Arizona Off Highway Vehicle Coalition, is trying to put together an information packet that could be given to all off-road dealers. It would explain the region's challenges with dust and include information about how dealers can help keep trails open and in good condition.

Other regulations

The proliferation of ATVs, quads and dirt bikes, and the destruction that some leave in their wake, has prompted other agencies, including the Bureau of Land Management and the U.S. Forest Service, to consider new regulations, too.

In June, the BLM closed 55,000 acres of the Sonoran Desert National Monument, southwest of Phoenix, to vehicular traffic. The closure will last two to three years, and the bureau will use that time to repair the native landscape.

Meanwhile, the Forest Service is in the middle of a national review of its lands.

All seven of Arizona's national forests must decide by the end of 2009 where and under what circumstances they will allow off-highway vehicles.

Of particular interest will be the new regulations set by the Tonto National Forest, which is popular among off-road enthusiasts.

Tammy Pike, the forest's off-highway-vehicle and trails coordinator, said Tonto will take municipal dust-abatement rules as well as environmental impacts into account in deciding what trails will remain open.

Meanwhile, Fissel and other members of the off-road community are watching closely. They say closing trails is not the answer because responsible off-roaders neither kick up excessive dust nor destroy the land.

"I am not an environmentalist," Fissel said. "But I sure don't like stuff getting tore up, so when I see someone doing something wrong, I report it."

Better enforcement is what's needed, he said.

"All they need to do is make an example of a couple of people, with high fines, confiscating the vehicle, that kind of thing," Fissel said.

"Word will get out, and people will change."

[Explorer]

If anyone is already working on this and could use support please let me know. I am starting a letter writing campaign of my own right now.

This is utter BULLSHIT! They could remove every offroad vehicle in the state, and it would not impact the particulate pollution in Phoenix. This is the freakin' desert and dust is a part of life here... that is until they pave every last inch of land

[Bebe]

Write it up, and send Kurtuleas and email address list of targeted recipients.

We need to nip this "Dust" thing in the bud right now.

Between Water Quality and Air Quality, they won't be satisfied until every last human is in the ground.

The carrot is forever on the end of the stick with these polly anna legislators, the EPA and the anti access folks.

The only way legislators will listen is if we tell them.

[AZJunk]

Do "federal standards" take into account the fact that we live in a dust bowl here?

[kf6zpl]

I recommend you do a little research in the "dust" issue.

At issue is the "PM-10" standard and efforts to reduce it to PM-5.

That is "PM" as in Parts per Million....

The Phoenix area is not the only potential impact. It is being raised in Imperial County, CA --- Glamis Dunes, Ocotillo Wells and Truckhaven.

Air quality is a major emotional issue. Refer to the closure in Clear Creek in reference to the "asbestos" dust health hazard issue. It is also being raised in other areas with arsenic and other alkaloid particles in other arid areas.

Yes, air and water quality are big issues that are now being raised...

[AZJunk]

I have a hard time believing that the trails on the fringes of the county are heavily contributing to the PM levels in Phoenix. We have a fleet of street sweepers, water trucks running on construction sites, etc, etc. All to try and knock down dust levels. As soon as you disturb the ground here you end up with this fine talcum powder like material. If you don't keep water on it, the wind will eventually come along and pick it up. We don't have enough water here to keep everything wet for extended periods. Can't we just accept the fact that we live in a dust bowl? More construction, cars and people = more PM in the air. Accept it or move to a cleaner place.

Offroading is alot like smoking. The people that don't do it get to decide whether or not you get to do it. So many people want to govern someone else's life based on their own ideals. Now environmentalists and their government agency comrades are working these backdoor money deals (in the form of road money) to force states to create ridiculous and costly restrictions. In reality, it will do little to no good because population growth will negate all the advertised improvements in air quality. So what is the point? Population growth is the problem, not some guy riding around on the county fringes. IMO.

[Rocknready]

If the power crazed environmentalists and their lackies in government agencies win cases like this all of the US State and Federal lands in the West will be off limits to us in a fairly short time frame. We bitch about what they are doing and getting away with, but we all need to be more proactive (me included) in writing emails and more importantly letters, joining and supporting those organizations who will take on causes like this with legal action, and vote against local and national politicians who support liberal groups and environmental activists. If we fail to do these as the LARGE group that we are, at some point in the not to distant future we will all be setting with a beer watching Al Gores documentary while our rigs are setting in the garage with no place to go.

[Propane]

One thing for sure, where my complex is located is on the border of an indian reservation. They farm there but mostly dust it seems The dust blows into our shop almost all day long Right smack in the middle of town!!!
But I'm sure it would be discrimination if anyone were to say anything about it. The rest of these areas are an hour out of town

[kf6zpl]

The environmental community has been trying a number of different tactics to "protect" land.

Their newest tactic is to link health issues in the urban and cities areas to air-borne contaminates caused by out of control recreation.

The PM standards are one element; especially when it can be linked to asthma in children.

Yes, it is called "desert" for a reason. There is limited annual rainfall leading to an arid environment and there is a constant wind. Yes, "dust" is a natural part of any desert environment.

Dust is the latest in a long line of issues being used in an effort to shut down recreation.

The pending political power change in November does not bode well.

[AZJunk]

Originally Posted by Propane

One thing for sure, where my complex is located is on the border of an indian reservation. They farm there but mostly dust it seems The dust blows into our shop almost all day long Right smack in the middle of town!!!
But I'm sure it would be discrimination if anyone were to say anything about it. The rest of these areas are an hour out of town

Pima? I thought all they farmed was sucker bets at the casino. JK.

[Propane]

McKellips and McClintock.