Michigan Draft ORV Plan: 2005

1
Michigan Draft ORV Plan 2005

• Dr. Chuck Nelson
• Dept. Community, Agriculture, Recreation and
  Resource Studies
• MI State University

2
ORV Plan is Under the DNRs Umbrella Mission

• Conserve, protect and provide for public use and
  enjoyment Michigans natural resources for
  present and future citizens and visitors.
• Stewardship is paramount
• Err on the side of maintaining the productive
  capability of the environment

3
What is an Off-Road Vehicle (ORV)?

• Motor driven vehicle capable of cross country
  travel without the benefit of a road or trail
• Motorcycle (24 wide at handlebars)
• All-terrain vehicle (48 wide at handlebars)
• Recently larger crossover vehicles (54-56 wide
  e.g. John Deere Gator, Kawasaki Mule, Polaris
  Ranger, etc.)
• Large 4 wheel drive truck, SUV, specialty vehicle
  like dune buggy
• Not a single, homogeneous market
• ORVs dont include snowmobiles, airplanes, boats
• In 1998 104,000 MI licensed ORVs
• In 2004 171,000 MI licensed ORVs (64 increase)

4
MIs First and Only ORV Plan

• Mandated by PA 319 of 1975
• Approved by NRC in 1978
• Part of the 1979 State Comprehensive Outdoor
  Recreation Plan
• Sought to separate ORV activity and other uses
  where conflict occurred
• ORV riding allowed on
• Designated ORV trails, routes and areas
• Forest road system open to ORVs
• Forest road defined as a way capable of travel by
  a 4 wheeled vehicle
• Develop designated riding opportunities in S. MI
• Protect the resources of the state from pollution
  or impairment
• Two main types ORVs
• Motorcycles and large 4 wheel drive vehicles, no
  ATVs

5
Evolution Since 1979

• 1980 DNR promulgates administrative rules
• Close state forest land to ORV use except for
  forest roads and designated trails, routes and
  areas
• Need 1,500 miles designated trail on the ground
• DNR unsuccessful in creating S MI ORV areas
• 1989 statewide ORV study (Nelson 1989)
• ORV has risen dramatically from the 1976 study
• Less than 1 million ORV days to 4 million ORV
  days
• ATVs are the most common ORV
• Nelson presentation to 1989 MI SAF meeting that
  open unless posted closed isnt working
• First cross country rider illegal, second is
  following a way capable of travel by a 4 wheeled
  vehicle
• 1990 DNR finishes 1,500 miles/rules effective
• ORV Trail Improvement Fund authorized
• 1991 NRC approves the system of ORV trails,
  routes, areas

6
Evolution Continued

• 1991 Public Act 17
• On Lower Peninsula state forest lands
• Closed unless posted open
• Huron-Manistee National Forests adopted same
  rules
• UP state forests stay open for use on forest
  roads and designated trails/areas/routes unless
  posted closed
• Task force of citizens/DNR key in making this
  decision
• 1992 ORV season rules in effect for first time
• Eliminates MI registration
• Money to DNR, not Secretary of State
• ORV Trail Improvement Fund distribution
  authorized
• Grants to non-profits, units of government to
  maintain trails, enforce rules, restore
  environmental damage
• Forest Recreation 2000 (NRC approval 1995)
• Drafted by State Forest Recreation Advisory
  Committee
• Strategic Plan for MI state forest recreation
  system
• Goal is a high quality forest recreation program
  as part of a working, multiple use state forest
  system
• Campgrounds, trails (motorized and non-motorized)
  and areas with forest recreation as the key value
  

7
Evolution Continued

• Public Act 58 of 1995
• Use annual licensing to provide ORV program
  funding
• Residents and non-residents pay 16.25/year/ORV
• Re-Create ORV Trail Improvement Fund, rigid
  distribution formula
• Restricted fund with carry-over authority
• Grants to governmental agencies, non-profits for
• 50 revenues for trail, area, route
  construction, maintenance, acquisition
• 31.125 for trail, route and area enforcement
• 12.125 for ORV damage restoration on public
  lands

8
Evolution Continued

• 1997 ORV Trail/Route Assessment (Lynch and Nelson
  1997)
• System of 2,531 miles (not including MCCCT)
• 86 on MI state forest land
• 14 on National forest land
• DNR System condition (not including some segments
  of MCCCT)
• Of 2,097 miles rated by DNR
• 61 good (trail/route in compliance with trail
  standards 95 of trail mileage)
• 27 fair (trail/route in compliance with trail
  standards 75-95 of trail mileage)
• 11 poor (trail/route in compliance with trail
  standards for

9
Evolution Continued

• 1997 Trail Maintenance Costs/Reimbursement Rates
• Workshop with cooperators
• Out of pocket costs (gasoline, equipment,
  etc.)/mile
• 29.04 ORV trails
• 21.69 ORV routes
• If labor is considered a reimbursable cost/mile
  labor costs (_at_ 6/hour)
• 104.05 for ORV trails
• 55.05 for ORV routes
• DNR used the following rates, providing little
  for labor
• In 1998 Trails _at_ 45/mile, raised to 54 in 2002
• In 1998 Routes _at_ 34/mile, raised to 40 in 2002

10
Evolution Continued

• 1998 Public Act 418 Forest Recreation Act
• Based on Forest Recreation 2000 Plan
• Mandates DNR to develop, operate, maintain and
  promote an integrated system that provides
  opportunities for hunting, fishing, camping,
  hiking, snowmobiling, ORV use,w/in each state
  forest
• 2000 ORV licensee use and user study (Nelson et
  al. 2000)
• First study to use ORV license info
• Key trends 1975-2000 (Nelson and Lynch 2001)
• ORV use has shifted northward
• Proportional and absolute use of the designated
  system has increased
• Minority of ORV use is on designated, public
  trail system
• Trail system has been created, grown, matured

11
Key 2000 Findings

• 57 licenses ATV, 23 MC, 19 SUV
• 21 from UP, 21 from NLP, 58 from SLP
• 4.2 million ORV days per year
• 44 private land ride, 31 public land ride, 25
  hunt/ice fish
• In average ORV household 2/3 family members ride
• 71 of 12-15 aged kids operate ORV, only 1/3
  riders completed mandated ORV safety course
• 57 of 10-11 aged kids operate ORV, only 1/6
  riders completed mandated ORV safety course
• 54 of licensees used the designated trail system
• 46 did not use the designated system
• 29 of licensees used a designated ORV scramble
  area
• Silver Lake SP, Bull Gap, St. Helens, Mounds
• Key changes desired in response to open-end
  questions
• More riding opportunities, better signage, legal
  on road shoulders, reduce fee for non-trail users

12
AuSable Pilot Project (Nelson and Lynch 2002)

• Does more law enforcement and more visible
  signage lead to improved ORV rule compliance
• Clare, Gladwin, Roscommon and Ogemaw Cos.
• Improved signage appreciated by riders
• Area with improved signage and additional
  enforcement had a 30 decline in ORV violations
  per contact by DNR enforcement personnel
• Signage had relatively few apparent vandalism
  problems
• Strong support for linking MCCCT loops with
  designated ORV trail/route connectors
• Anecdotal evidence the outlaws moved north

13
Now, an Updated Plan for 2005

• Key issues for updated plan
• Meet legal mandates
• Provide adequate riding opportunity
• Different vehicle user segments seek different
  riding situations
• Minimize social conflict
• Maintain environmental integrity
• Maximize rider safety and enjoyment
• Make most efficient use of ORV funds
• Currently 4 million fund balance in ORV Trail
  Fund
• Recent new wrinkle New FS rules
• Closed unless posted open on all NF
• Not just the Huron-Manistee
• Forest certification
• Visible implementation of Best Management
  Practices throughout state forest system
• Unrestored ORV damage consistently noted as a
  problem

14
ORV Plan Legal Requirements

• Inventory state forests
• Assess their suitability for ORV use
• Designate ORV system
• Done between 1979 - today
• Resource management to maintain system and
  restore ORV damage
• Citizen and manager need for ORV trend data
• Use
• Users
• Licenses
• Grants

15
Public Input Sessions with ORV Grant Recipients

• Maintenance (9/21/04)
• Support for more visible signage
• Want DNRsign plan removing discretion for
  sponsors
• Significant concern about liability associated
  with maintenance activities
• Growing trail use more trail maintenance
• Costs higher than reimbursement for most
• Restoration (9/15/04)
• Engineering requirements are challenging/onerous
• Need better ID of ORV damage sites off trails
• Need more restoration interests involved
• Restoration job not getting done

16
Public Information Meetings

• Lansing, Grayling, Marquette (10/12-14/04)
• About 300 attended
• Four distinct ORV user groups represented
• Motorcycles, ATV, large ATV-like vehicles (Gator,
  Ranger, etc.), full size truck/dune buggy
• Non-users (typically private landowners)
• Users want separate trails to meet differing user
  needs
• More trails in total
• Parallel trails,play areas for large trucks
• Many want NLP forest roads open to MC/ATV
• Stated need for trail restoration, relocation
• Want direct access from trails to goods/services
• Support hands on written youth ORV safety ed.
• Non-users stories about trespass, environmental
  damage to public and private lands and facilities
• Message is get rid of bad actors

17
MI County Sheriff Survey Fall 2004

• 60 (72) of 83 responded
• Participate in teaching ORV safety using a model
  similar to marine safety education
• 38 (63) wanted to teach ORV safety education, 2
  (4) maybe, 15 (25) not interested, 4 (7) no
  response to question
• 16 participated in ORV enforcement grant program
  in 2003
• 77 enforcement time on trails
• 23 at trail heads
• Key violations targeted
• operation under the influence of drugs/alcohol
• operation by a non-certified youth without adult
  supervision
• trespass on private lands
• operation on public lands/roadways where
  prohibited
• lack of an approved helmet/safety equipment
• Participated in enforcement because
• Public safety need, citizen concerns about
  trespass, increasing ORV use, illegal ORV use on
  roadways, enforcement need

18
Sheriff Survey Results

• Of the 16 in ORV enforcement
• 7 (44) of the 16 also conduct ORV safety
  education
• 16 (100) do marine safety education
• 9 (56) do snowmobile safety education
• 6 (38) do hunter safety education
• More counties interested in ORV enforcement if
  barriers overcome
• Need additional money
• ORV equipment
• Enforcement personnel
• If designated trails were in county
• Other barrier may be qualifications of
  enforcement personnel
• Do they need to be a certified police officer?
• Potential for year-round recreation officers at
  local level
• ORV, snowmobile and marine enforcement as well as
  safety education for all three
• Strong support for having ORV safety training
  materials on the internet

19
County Road Commission Manager Survey Fall 2004

• 33(59) of 56 counties north of Bay City to
  Muskegon line responded
• 17 (52) no ORVs on county road shoulder
• Concerns about safety, liability, increased road
  maintenance costs
• 6 (18) some county shoulders open to ORVs to
  connect trails
• Maintain balance, connect trails, promote
  tourism, cooperate with ORV clubs
• 10 (30) all county road shoulders open to ORV
• Treat ORVs like snowmobiles, benefits agriculture
  and tourism, requested by residents/riders, high
  demand
• 15 are reconsidering existing policy
• Lots of flux
• Looking both at opening and closing

20
State Trail Coordinator Survey Fall 2004

• State Trail Coordinators
• 26 (52) of 50 states respond
• 6 (23) have current state ORV plan
• 25 (96) of 26 reported some public land riding
  opportunity
• 77 had federal land opportunities
• 73 had state land opportunities
• 46 had local public land opportunities
• 52 closed unless posted open, 48 open unless
  posted closed
• Survey was pre-Forest Service policy announcement
• 80,658 trail miles reported
• 79 open to all types ORV
• 17 ATV/cycle only
• 4 cycle only
• 42 states had one or more designated scramble
  areas

21
Trail Maintenance/Damage Restoration for other
States

• Trail maintenance done by many
• 69 used non-profits
• 35 used for-profit contractors
• 58 states did some/all maintenance
• 62 had federal maintenance
• 23 had some local gov. maintenance
• Environmental damage restoration by fewer
• 27 states had damage restoration program
• Used all the above sources to implement

22
Law Enforcement and Fatalities for other States

• Few states track ORV citations
• Only 15 of states provided numbers of ORV
  citations
• Few provided data on fatalities
• 40 of states provided data on ORV fatalities,
  60 stated they had no info
• US Consumers Product Safety Commission (2003)
  reports that 1982-2002
• 224 people died in ATV accidents in Michigan
• 5,239 people died nationwide
• 33 of deaths nationwide were to persons
• Michigan State Police Office of Highway Safety
  Planning (2004) reported that during 1994-2003
• 2,528 ORV/ATV accidents on Michigan roadways
• Resulted in 77 fatalities
• Data available not comparable in quality to
  snowmobile fatality data which DNR LED
  investigates and compiles

23
2005 National OHV Program Managers Data Thanks
to Chair Bob Walker (MT) for compiling

• Education requirement for ORV use
• 17 (35) of states require for some
• Typically youth
• 32 (65) have no educational requirement
• 26 (53) have minimum age requirement to operate
  ORV
• 23 (47) no minimum age requirement
• All states without a minimum age requirement also
  lack an educational requirement

24
Condition of the Designated System Fall 2004

• Trail analysts provided majority of data/work
• 2,705 miles evaluated (inc. Huron-Man. NF des.
  trails)
• 1,815 (67) rated good (meets standards 95)
• 844 (32) rated fair (meets standards 75-95)
• 46 (2) rated poor (meets standards
• Key goal is bring all up to good
• 7 cycle trails, 12 ATV trails, 3 routes need
  significant improvement
• Improved brushing, signage, re-routes or
  boardwalks for wet areas
• Comparison to 1997 system assessment where 2,097
  miles were reviewed
• 61 good, 27 fair, 13 poor

25
Illegal Uses

• 44 (54) of trails/routes have reported illegal
  use
• Main problems are non-designated spur trails
• Access hunt, fish, private lands, hill climbs
• Other concerns include
• Illegal hill climbs
• Illegal scramble areas
• Riding in wetlands or on lake/river shorelines
• Road riding on roads open to SOS vehicles only

26
Conflicts

• 20 (25) of 81 trails/routes had reported
  conflicts
• Conflicts reported include
• Between ORV users and others using trail/route
  system
• Non-motorized uses
• Logging vehicles
• Cycle vs. ATV users on the same trail
• ORV users vs. neighbors to system
• Dust, noise, trespass
• Conflict with oil/gas service personnel

27
ORV Damage to Public Lands

• Considerable amount away from designated system
• Many photos submitted with GIS info from DNR
  field staff
• Serious concern of forest certification
  evaluators during MI visits
• Want to see best management practices fully
  implemented
• Current Operations Inventory not well suited to
  ID such damage
• Much done during snow cover
• DNR land managers connect damage away from
  designated system with some counties opening all
  county road shoulders to DNR licensed ORVs
• Provides access to illegal, environmentally
  sensitive riding locations

28
Action Recommendations

• Designated System
• System Maintenance
• ORV Damage Restoration
• ORV Safety Education
• ORV Enforcement
• ORV Events, Licensing and Administration

29
Action Recommendations Designated System

• Upgrade system to all trails/routes to good
  maintenance rating
• More than 95 of a trails mileage meets
  maintenance standards
• Implement 2004 assessment trail-by-trail
  recommendations
• Develop additional cycle and ATV trail and ORV
  route and scramble area with partner land
  managers to meet increasing demand
• Destination point-to-point and loop routes
• Parallel ATV or cycle trails in existing trail
  corridors of influence
• Fully implement St. Helens Motorsport Area
  development plan
• Develop one or more new scramble areas

30
Action Recommendations Designated System

• DNR use nationally recognized Forest Service
  standards for motorized trail signage
• Have no net loss of ORV trail quality and
  quantity from timber management
• DNR maintain current closed unless posted open
  approach in Lower Peninsula
• DNR maintain current forest roads open to ORV use
  without posting in the UP

31
Action Recommendations Designated System

• Encourage local units to target ORV use only to
  selected county road shoulders
• Access to designated system
• Access to goods/services
• DNR annually monitor the condition of the
  designated system
• Use 2004 assessment instrument
• DNR conduct assessment of ORV use and users every
  5 years
• Include economic impact study

32
Action Recommendations System Maintenance

• Increase the maximum rate of reimbursement based
  on 1997 estimated costs including labor
  inflation
• 154 per mile for cycle and ATV trails
  maintenance
• Up from current 54 per mile
• 89 per mile for ORV routes
• Up from current 40 mile
• Strictly enforce maintenance standards
• Explore multi-year and competitive bid options
  for trail maintenance
• Open eligibility for trail maintenance grants to
  for-profit entities

33
Action Recommendations System Maintenance

• DNR to complete regulatory sign plan for each
  trail
• Follow Forest Service motorized trail signing
  standards
• Limit maintenance cooperator discretion
• DNR to provide ORV trailhead maintenance
  throughout snow free months
• May be contracted, may be internal

34
Action Recommendations ORV Damage Restoration

• Better and more systematically identify ORV
  damage on public lands
• Broaden operations inventory to focus on full
  land stewardship mission
• Seek partners and provide information conduits
  for reporting and locating ORV damage
• Immediate needs, long term systematic approach
• More efficiently and effectively restore
  identified environmental damage
• Use known techniques e.g. agricultural erosion
  control and wildlife habitat restoration
• Use timber sale/contract process
• Administer at the FMFM district level through
  recreation specialists
• All have soil and sedimentation control
  certification
• All located closer to problem locations than
  staff
• Part of district land management team

35
Action Recommendations ORV Safety Education

• Use model similar to marine safety education
• County sheriffs are lead provider, educational
  and non-profit organizations can also provide
• Classroom education mandatory with a focus on ORV
  safety and laws
• Written, proctored exam mandatory
• Hands-on training/test optional but encouraged
• County sheriffs, educational and non-profit
  organizations eligible to apply to and receive
  ORV Safety Education Fund grants
• Maximum of 20 per student reimbursement
• Reimbursement for costs
• Both classroom and hands-on eligible for
  reimbursement

36
Action Recommendations ORV Safety Education

• ORV Safety Education certification required of
  all born on or after December 31, 1988 to ride an
  ORV on public lands or waters of Michigan
• DNR Law Enforcement Division to design and
  implement a system to track ORV fatalities
  patterned after current snowmobile fatality
  tracking system
• DNR comprehensive ORV safety education and
  training materials available on the internet at
  the DNRs website

37
Action Recommendations ORV Enforcement

• Strengthen ORV enforcement by
• Fund additional MI Cons. Off. patrol at straight
  time
• Fund additional sheriff patrol hours and
  reinstate ORV patrol equipment grants for
  eligible sheriffs
• Forest Service becoming eligible to receive ORV
  enforcement grants for patrol
• DNR State Parks (Silver Lake SP) becoming
  eligible to receive ORV enforcement grants for
  patrol
• Involve Forest officers in ORV patrol at ORV
  trailheads to educate riders pre-ride and to
  provide safety checks
• Enforce ORV youth certification requirements
• After ORV safety education classes available in a
  majority (42) of Michigan counties

38
Action Recommendations Events, Admin. Licensing

• Enduro Motorcycle Events
• Locate events at sites of proposed timber harvest
  (1-2 years out)
• Program Administration
• Clarify responsibilities and strengthen working
  relationships among DNR personnel/divisions
  involved in ORV program delivery
• Investigate streamlining grant processes to gain
  efficiency and cooperators
• Licensing
• All ORV licensing should be done through the
  electronic license system
• All ORV license dealers shall provide a copy of
  the ORV rules and safety information to each
  licensee annually on their purchase of their ORV
  license

39
Plan Process Forward

• First set recommendations submitted to DNR
  12/21/04
• Six iterations since that time with FMFM
• Internal DNR-wide review July-August 2005
• Public review begins 8/10/05 with ORV Advisory
  Board presentation
• Draft plan posted on DNR web site 8/11/05
• 30 day public comment period beginning 8/11/05
• Revise draft plan based on public, ORV Advisory
  Board and DNR review after September 12, 2005
• Final Draft presented to ORV Advisory Board for
  endorsement November 9, 2005
• Final Draft to NRC for information January 2006
• 30 day public comment period
• Final Draft to NRC for action February 2006