2208 - OFF-ROAD VEHICLE (ORV) POLICY
Issued June 9, 1994

Forest Management

OFF-ROAD VEHICLE (ORV) POLICY

The Natural Resources Commission (NRC) recognizes the importance of developing an ORV policy that protects the natural resources of the state, while also providing appropriate recreational access to these resources for all of its citizens and its visitors.  The NRC also recognizes the need to develop an easily understood and consistent policy to provide the necessary guidance for appropriate ORV use on State forest lands and to assist in effective enforcement of this policy.

The NRC further recognizes that regional differences exist between the Upper and Lower Peninsulas in terms of ORV usage, and national forest regulations in the Upper Peninsula are neither consistent with each other nor with existing state forest ORV policy.  The Commission finds that information provided through the efforts of the Upper Peninsula ORV task force and independent findings by the Department of Natural Resources indicate that significant damage to the resources of the Upper Peninsula by ORVs has to date been limited, and Director's Orders have adequately responded to documented damage from ORV use.

Therefore, the NRC does not believe that current ORV usage in the Upper Peninsula presents an imminent threat to the resources that merits immediate implementation of the State forest policy of .closed unless posted open.

However, the Commission is concerned that increased or destructive ORV usage in the Upper Peninsula may pose a future threat to the resources of the Upper Peninsula, and, accordingly, the Commission adopts the following policy:

1 .        The Commission strongly supports the existing ORV regulations in the Lower Peninsula and reaffirms state forest policy that ORVs be used only on designated forest routes, trails, and use areas.

2.         The Commission also finds that implementation of this ORV policy for state forests in the Upper Peninsula be deferred for three years from the sunset date (January 1, 1995) in Act 17 of 1991, to January 1, 1998.

3.         The Commission authorizes the Director to establish a committee to assess any future ORV damage in the Upper Peninsula during this deferred implementation period.  The committee will recommend to the Director whether or not ORV damage poses a "significant threat" to the region's resources so as to justify implementation of the closed unless posted open" ORV policy for the Upper Peninsula on or before January 1, 1 998, or whether an additional policy deferral period may be appropriate.  The committee is also authorized during this deferral period to coordinate with representatives of the United States Forest Service and private land owners in order to work toward development of a consistent ORV policy in the Upper Peninsula.

4.         The Commission further recognizes this deferral period for the Upper Peninsula can be revoked prior to January 1, 1 998, and the "closed unless posted open" ORV policy immediately implemented if the Director independently finds that ORV usage poses a "significant threat" to the region's resources.  The Director also has the authority to close at any time by a Director's Order specific areas where a "significant threat" to natural resources or the environment occurs.