Dec.9, 2008
The Department of Natural Resources reminds off-road vehicle (ORV) riders to contact the county, village, city or township clerk's office for information about local ORV ordinances before riding on local roads.
Passage of 2008 Public Act 240 makes it legal for specific counties, townships, cities and villages to adopt ordinances authorizing the operation of ORVs on the far right of the maintained portion of local streets and roads. Only counties in the northern Lower Peninsula and Upper Peninsula may open their roads to ORVs. This includes Mason, Lake, Osceola, Clare, Gladwin, Arenac, and Bay counties or any county to the north of them. Huron, Midland and Isabella counties are not included. The law took effect on July 17, 2008.
In addition, the law:
- Requires a 45-day public comment period and notice provision to the county road commission and the DNR, if state land is located within a county, of the intent to adopt such an ordinance.
- Allows the county road commissioner to close up to 30 percent of the linear miles of roads located within the county or township to ORV operation to protect the environment, or if the operation of ORVs poses a particular and demonstrable threat to public safety.
- Allows a township board to adopt an ordinance to close a road to the operation of ORVs under a county ordinance.
- Speeds not to exceed 25 mph.
- Requires a person younger than 18 to possess an ORV safety certificate, and either possess a driver license or operate under the direct supervision of a parent or guardian in order to operate an ORV under a local ordinance.
- Designates a violation of a local ordinance as a municipal civil infraction, punishable by a civil fine and the costs of repairing any damage.
- Requires the fine revenue and damages to be deposited into a local unit's "ORV fund," and allocates half to the local law enforcement unit and half to the entity responsible for street and road maintenance.
Any previously existing county ordinance allowing ORV use on roadways prior to the passage of 2008 PA 240 is legally invalid until a new ordinance is passed by the local unit of government.
"Because of all the variables associated with local ordinances, the DNR recommends ORV riders contact the specific local unit of government clerk's office where they plan to ride to get the most up-to-date information concerning local ordinances," said Steve Kubisiak, DNR Recreation and Trails Program coordinator. "The new law does not include state or federal roads, highways or trails."
The DNR Web site will only have a listing of state-designated trails that are open to ORVs on state and federally managed lands. For trail maps and related information, please visit the DNR Web site at http://www.michigan.gov/dnr.
Read more about Public Act 240 of 2008 on the State of Michigan Legislative Web site at http://legislature.mi.gov/doc.aspx?2007-hb-4323.