National Forests To Begin Enforcing "Closed Unless Posted Open"

a sample of the new official road map in the Manistee National Forest

from the National Forest Service

As of January 2009 the National Forests' Travel Management Directive has become effective. This means:

• The rule requires each national forest or ranger district to designate those roads, trails, and areas open to motor vehicles.
• Designation will include class of vehicle and, if appropriate, time of year for motor vehicle use. A given route, for example, could be designated for use by motorcycles, ATVs, or street-legal vehicles.
• Once designation is complete, the rule will prohibit motor vehicle use off the designated system or inconsistent with the designations.
• Designation decisions will be made locally, with public input and in coordination with state, local, and tribal governments.
• Designations will be shown on a motor vehicle use map. Use inconsistent with the designations will be prohibited.

For non-motorized forest users this is the long anticipated tightening of the "closed unless posted open" rule. Over the years many forests, including the Huron-Manistee in Michigan's lower peninsula, have become threaded with many, many tracks made by vehicles. However, most people are unaware that a great many of those are not legal roadways.

Les Russell, a Ranger on the Baldwin District, said that users should not see this as a closure. Over 99% of the forest is within 1/2 mile of a legal road.

A pdf version of the official road map is available on line, or may be obtained for free at a ranger station.

Although some tickets have been issued, 2009 will mostly be a year of educating the public, and full enforcement will begin in 2010.

See Huron-Manistee NF Maps
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Manistee County Says No to ORVs on Roads

based on news articles in the Ludington Daily News, April 28, 29, 2009

In a 5-2 vote the Manistee County Board of Commissioners defeated the proposal to allow ORVs on road shoulders in the county. If counties do not make a decision on this issue before July 17, 2009 then townships will be able to make their own decisions on the question.

Ed Haik, Public Safety Committee chairman said that the state ordinance has some troubling inclusions. For example, in places where there is no road shoulder the slower, smaller ORVs will be mixed with regular vehicular traffic. He pointed out that it would even allow for hovercraft to use the shoulders.

The two Manistee Commissioners voting for allowing ORVs were Carl Rutski (SE city of Manistee) and Ken Hilliard (Onekama and northern townships). The meeting was crowded with spectators, but only about six members of the audience spoke. Five favored allowing ORVs, and one opposed.

Even in counties where the measure passes, up to 30% of roads can be excluded for safety or environmental reasons. However, such roads must be signed. Of course, signs cost money.

In follow-up to this issue in Mason County, a vote has not yet been made. Pere Marquette Township is urging the Commissioners to vote yes

See County ORV Ordinances
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County ORV Ordinances

compiled from several sources

Michigan Counties are being given the option to adopt ORV ordinances before July 17, 2009. If a county-wide ordinance is not established by that date, each township may create their own ordinance. Enforcing separate township rules would be a headache for law-enforcement agencies.

At the forefront of the controversy is that the ordinances can make it legal for ORV's to be operated on the shoulder or extreme right-hand edge of roads, at speeds up to 25 mph. This would not include Interstate Highways or Forest Service roads within the National Forest.

Some believe that allowing such use would bring more business to counties, while opponents have a list of concerns. One is that ORVs are not licensed, and there is no way reliable to identify lawbreakers. Increased ORVs would make road shoulders less safe for pedestrians and bicyclist. The increased noise and intrusion into forests is undesirable.

Some West Michigan Counties have already made decisions. On April 17, by a five to four vote, the Wexford County Board of Commissioners approved an ordinance that allows the use of ORV's on all their roads.

Mason County will hold a public meeting on Wednesday, April 22 to receive public information on the issue. The meeting will be at 7 pm at the Mason County Central High School, Scottville

See ORV ordinance issue tabled, from the Ludington Daily News, April 15, 2009
See Michigan Public Act 240 of 2008
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