As many of you may already be aware, Pain Hill and Breakneck are now closed.
This brings up a couple of points.
First: As responsible 4WD enthusiasts, we should be open with the authorities and we shouldn't really be wheeling anywhere unless we are pretty damned sure that its legal. That means checking with the local authorities to find out if a road is still indeed an open road or if those state forest roads you're driving on are indeed still state forest roads.
Second: Even when we are as responsible as we can be and even when certain authorities say we are A OK, there will be people higher up who feel that our activities aren't "conducive with state forest ideals" and simply close an area. Or, say the area has been closed for years and that the ranger/unit manager in that area was turning the other cheek to our activities.
Third: There is no communication between the many arms of the CT DEP.
Fourth: The CT DEP has no qualms about breaking/ignoring the law themselves.
OK.. What happened at Pain Hill and Breakneck and why are they closed. (Get ready, this might get long)
About 20 years ago, we were shown the area known as Breakneck Pond. Some real nice 6 rated roads. Three roads actually, Breakneck Hill Road, Cat Rocks Rd and Snow Sled Rd. These are state forest roads, not town roads. They lie completely within a state forest boundary. From my research (staying up well after midnight last night searching) and prior knowledge, I can't find anything that defines a state FOREST road as to how it compares to any other state road. It would seem from what I could find that they carry the same regulations. However, it also seems that state FOREST roads don't have the same constraints in terms of public notice for closure, etc. In pouring over old maps, from the 1930's, those roads existed as town roads with different names. Once the state purchased the properties and took over as a state forest, the roads, which had been abandoned, became part of the state forest property.
Ok, back to the story: We, the 4WD community, albeit rather small back then, used those roads, with ranger Jim Kane's permission and knowledge. We did several clean ups there as well, one time pulling something like 6 junk vehicles from the woods. We were told by Jim that the powers that be within the state were having second thoughts about us using the roads and they were thinking about gating them. Jim said he would have no issue allowing us in though. Then a situation happened out there with an individual club that turned the eyes of the region on the area. 15+ vehicles and people got "stranded" out there right after a massive snow storm. This news hit all the papers and even the TV stations. With this kind of publicity, Jim said he would have to ask us not to use those roads but had a whole series of roads nearby that we could use instead. Paine Hill Rd and Bear Den Rd and a couple of other surrounding state forest roads. He showed us through them.
Jim Kane leaves the position and Marilyn Aarastaad takes over the position. In wanting to make sure everything is still good, we ask for assurance that we're still legal. She send us maps of what we can drive and can't drive. It matches what we had been doing for the last several years.
We run for many years up to about a year ago. not many clubs use the area as the roads are pretty tame, probably 4 on a 1-10 scale.
In the last 5 years, Capitol Jeep has held a charity ride and we have used Pain Hill area for part of the ride. Each year, a simple check into Marilyn would make sure everything was OK before the ride took place. There was never a need for any permits as these are state forest roads and as long as you're registered and insured... just like on any other state road, you're covered. One doesn't need a permit for ten trucks to drive down rte 5 or across rte 80. That is what I was also just told when calling again this year. Also, Marilyn retired and new person, Dean Hyde, took her place. He owns a Jeep and is totally into motorized use. In speaking to Dean, we discuss the Breakneck roads and doing a clean up etc. He is very excited. He speaks to his superior, Mike Reed who asks for me to contact him.I do and explain exactly what it is we do. He is also excited at the relationship we can have and how we can all benefit.
Unfortunately, Mike is the Eastern Region Manager (pretty much from 91 east) and he needs to report to others in Hartford about activities taking place in the forests. Of course, he's excited. Of course, everyone he tells is not. They have assumptions about what we do, and they wont listen to the truth, their assumptions are correct, not what we tell them or show them.
Also, at the same point in time, a landowner contacts us and says that one of section of Bear Den is private and has been for the last 50 years (funny how no signs have ever been posted to that effect and how there has never been a problem until now.) he is angry that the state has allowed this use and contacts the state yelling about the abuses.
This happens a day before the Capitol Jeep ride. Both Dean and Mike assure me that we will have no problems using the Breakneck roads or the Pain Hill roads. The event goes off w/o a hitch.
At that point the clean up is coming up in just a couple of weeks. I make pretty much final preparations with Dean as to where we will dump the large items, the trash bag sand even the junk cars that we'll be pulling. Two days ago, Thurs, June 5th, I get a couple of posts from people stating they know people who have recently been ticketed up on Pain Hill road and that the enforcement officer stated that the reason it was now closed was due to E4W and Capitol Jeep not getting proper permits to use the area. I immediately get on the horn to Dean and Mike. They both explain that the state is changing how they handle things and how people in the field will have much less input as to how their forests are used and operated. They apologize that there is very little they can do as the order to ticket people didn't come from them but from Hartford and through enforcement. They suggest canceling the clean up.
So, now I call Sgt. Mike Enrite who is in charge of that area of the state. He tells me that he is only aware of ATVs getting ticketed out on the roads but it was his impression that roads have been closed for years.
I explain to him everything that has taken place over the last 20 years and he reiterates the fact that the state is changing and the field personnel will have less to do with most of the decisions affecting their forests. He also tells me that his guys most probably aren't going to ticket anyone on the roads. If someone is off the roads doing something stupid, they will be ticketed.
Unfortunately, there is absolutely nothing that has any real laws or rules for our kind of use.
The state statues show plenty of laws that say that ATV riders have several places to go and that the state shall designate areas for ATV use. There are all sorts of laws RE ATV registration and where one can or can't ride them.
There are reams of laws that pertain to trucks and how they can or can't be operated on any kind of legal "highway".
Highway defined as: (37) "Highway" includes any state or other public highway, road, street, avenue, alley, driveway, parkway or place, under the control of the state or any political subdivision of the state, dedicated, appropriated or opened to public travel or other use."
There are all sorts of laws within the state forest section of the general statutes that speak to how parks and forests can be used for hunting, fishing, logging, hiking, camping, fires, etc. How, where ATVs can be used. Even an entire section on enduros. NOTHING on registered, insured, 4WD passenger vehicles. You see, it is assumed that the state forest roads are treated as regular state roads and so any/all laws that apply to state roads would also apply to the use of state FOREST roads. However, the gist of the matter lies within the DEPs SOPs.
Even there, things seem to swing in our favor. However, all the state will have to do is post them as closed. Posted from the DEP's own SOPs: Section 23-4-1
(l) Trails and roads.
(1) Trails are open to non-motorized, multiple use activities unless posted closed.
Use of any trail, road or path posted as closed by the Department of
Environmental Protection is prohibited.
(2) Use of Connecticut Blue-Blazed Trails and the National Park Service
Appalachian Trail crossing state property shall be limited to hiking except
where Department of Environmental Protection blazed trails supporting other
uses coincide.
(3) Public roadways in state parks and forests are open to registered motor
vehicles as defined in 14-1 of the Connecticut General Statutes and other nonmotorized
multiple uses unless posted closed.
(4) Service, logging and other roads closed to public use by motor vehicles are
open to non-motorized multiple use activities unless posted closed.
From Section 23-4-2:
(d) Motor vehicles, use restricted.
Motor vehicles, including motorcycles and motorized bicycles, are restricted
to operating on roads, parking lots, campsites and other areas posted for such,
except as authorized by the Department of Environmental Protection. The use
of all other motor vehicles, except motorized wheelchairs, is prohibited,
except as authorized by the Department of Environmental Protection.
That is where we stand. Its seems that as long as the roads are NOT posted as closed, we can go there... However, there is the chance of getting a ticket.. Much like at OFR. If we get tickets we fight them.
Although currently I would say treat the areas as closed, I will be doing a bit more digging and research and contacting those with legal backgrounds to look into this as well.
As I said, its something that we can probably prove ourselves correct BUT.. in turn all the state will have to do is post the roads closed. Use of this area will need to be decided at the next region mtg.
WOW!! So, in the last 3 weeks to a month, since my last blog.. what the heck else has been happening?
I'm going to skim over the next stuff because I took so much space with RE to Pain Hill.
The CCJC Land Use Seminar was well attended and from what I heard, and could see, only a few people fell asleep. LOL
There is currently a whole bunch of new trail work taking place in central MA this weekend. This will open up close to 3 new trails for use. There are about 3000 acres and we are working together with NEA to get this stuff cut and drivable.
Regionally, there isn't a whole lot else that has happened.
The signs have been getting posted throughout the region. They look great!
R E W A R D
____________________________________________________________________________________
____________________________________________________________________________________
$1000
____________________________________________________________________________________
____________________________________________________________________________________
For specific information leading to the arrest and conviction of the individual(s) responsible for the vandalism of the symbolic fencing resource protection signs located approximately 1 mile east of Ramp 49 in the South Beach area of Cape Hatteras National Seashore. The vandalism took place on or around May 10, 2008.
According to the National Park Service investigation, two sets of footprints were found along the edge of the fence line that extended from the dunes to the waters edge. No footprints or tire tracks were observed entering the closed area which was established to protect a least tern colony; no birds appeared to have been disturbed during the act of vandalism.
A recent court approved Consent Degree requires the National Park Service to automatically expand
the closure area by 50 meters where a confirmed deliberate act disturbs or harasses wildlife or vandalizes fencing, nests, or plants. The vandal(s) action leading to the subsequent enclosure enlargement have not caused harm to the birds but have caused additional harm to the businesses and ORV community recreating and fishing at Cape Hatteras!
Anyone having information please contact
United Four Wheel Drive Association
UFWDA
(757) 546-7969 BlueRibbon Coalition
BRC
(208) 237-1008
Each person submitting a tip will receive a code number for them to use in tracking the status of their tip. Tips made to UFWDA can be made anonymously, no caller ID is used and caller need not identify themselves.
Or contact Ranger Davis Carter of the National Parks Service, at 252-475-8326, P.O. Box 190, Buxton, NC 27920
HUMMER’s Recreation Rescue
Rescue Tellico
Save Tellico Now
Before There Is Nothing Left To Save
SFWDA, UFWDA, BRC files Law Suit
On Thursday, May 22, 2008, The Southern Four Wheel Drive Association (SFWDA) along with United Four Wheel Drive Associations (UFWDA) and the Blue Ribbon Coalition (BRC) filed suit in US District Court Western District of North Carolina against the US Forest Service to restore access to improperly closed off-highway recreation trails located in the Upper Tellico Off-highway Vehicle (OHV) Area in North Carolina.
A Little Background
On June 28, 2007, Southern Environmental Law Center (SELC) filed a "notice of intent to sue" the USFS on behalf of the North Carolina and Tennessee Councils of Trout Unlimited, as well as Public Employees for Environmental Responsibility and the Southern Appalachian Biodiversity Project. SELC's threat demanded that the Forest Service permanently close trails, and seasonally close the entire system.
Caving under the pressure of SELC and TU, the Forest Service announced on December 18, 2007 there would be a seasonal closure of the entire trail system and Trails Lower 2, 7, and 9 would be closed for a year to assess the condition of the trails to see what needs to be done.
Closing trails does not address the issues and SFWDA feels that the Forest Service took steps that are not correct. This lawsuit is intended to reopen the trails that were improperly closed.
SFWDA has worked with the US Forest Service in the Tellico OHV area for over 20 years, providing free maintenance and restoration work to address the agency-wide maintenance backlog estimated nationwide at over $100 billion. The trail maintance, clean up, and volunteer work we have donated to the area is well over $100,000 just in the past few years. SFWDA values the relationship we have with the US Forest Service and plan to continue the work, volunteering and cleaning up as we've done in the past.
What are the effects of the closures?
The impact of closing the trails has greatly wounded the economy in the area. Not only are there fewer places to ride in the Upper Tellico area, but local businesses have felt the impact. Cabin Rentals, Campgrounds, parts stores have all seen a decrease in business. Outside of the impact to the economy, this act sets a precedent for large special interest groups to bully our government to preferentially close access to public land to one user group.
What you can do
Frankly, law suits are not cheap. We need your donations. You can donate online at www.SFWDA.orgor Tax deductable at www.sharetrails.org/rescue-tellicoor donate tax deductable through the United Land Action Fund at P.O. Box 15696, Chesapeake, VA 23328. You can purchase Rescue Tellico Items at www.cafepress.com/rescuetellico. All proceeds are donated to the Rescue Tellico Fund.
At the very least we need your membership. If you are not a member of any or all the below mentioned groups we need you. Please join us so that you can have your voice counted in unison with ours. If you have always wondered, what does my membership get me, here is your answer. SFWDA, UFWDA, and BRC are fighting to keep trails open so we have places to ride.
Please spread the word. This is not only a 4x4 problem but ATV, Motorcycle and UTV's are affected as well.
Who's Who
The Blue Ribbon Coalition is a national recreation group that champions responsible use of public and private lands, and encourages individual environmental stewardship. It represents over 10,000 individual members and 1,200 organization and business members, for a combined total of over 600,000 recreationists nationwide. 1-800-258-3742. www.sharetrails.org
United Four Wheel Drive Associations is an international organization comprised of four wheel drive enthusiasts, clubs, associations, and businesses dedicated to providing community services around the world, education in responsible land use and safe vehicle operation, and protection of our natural resources through conservation practices. 1-800-448-3932. www.ufwda.org
Southern Four Wheel Drive Association (SFWDA) was founded in 1987 to promote responsible land use and to keep public lands accessible for motorized recreation. Since the formation of Southern Four Wheel Drive Association, the focus and mission is to promote responsible land use and to help keep public lands open for motorized recreation. For more information on the activities and accomplishments of Southern Four Wheel Drive Association, please visit www.sfwda.orgor contact us at 1483 N. Mt. Juliet Road, PMB # 222, Mt. Juliet, TN 37122
Get BRC's Latest News & Alerts via RSS!
http://feeds.feedburner.com/BlueRibbonCoalition
A whole lot to digest as always.
Talk soon,
Dave Brill
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