New Rule Expands ORV Travel on County Roads
Off-road vehicles (ORVs) now can be driven on Mackinac County roads for any purpose, not just to access trails. The change to county rules came when commissioners passed an ordinance Thursday, October 9, following state approval this summer.
Under the new ordinance, when traveling on county roads, ORVs must be operated on the far right maintained section of the roadway and are not allowed on any state, federal, or interstate highway, including US-2, M-117, M-123, M- 129, M-134, or I-75. Also, ORVs are not allowed on federal forest land, unless it is posted open, and most snowmobile trails are closed to the vehicles. ORVs cannot be driven on roads in the City of St. Ignace.
"I don't think it is going to impact us for enforcement issues any more than what we've had in the past," said Sheriff Scott Strait, who is the Michigan Sheriff's Association representative to the state's Off-Road Vehicle Trails Advisory Board.
A township can close roads to ORV use and20the county road commission can close up to 30% of the total linear miles of county roads for safety reasons or to protect the environment.
One week before the new ordinance was adopted by the county, commissioners held a public hearing on the issue Thursday, October 2. Two residents attended the meeting, Steve DuFresne and Paul Ouellette. The men are members of the Mackinac County Sportsmen's Off Road Vehicle Association and voiced their support of the ordinance.
The use of ORVs is good for the Upper Peninsula economy, said Mr. DuFresne. The people who visit the county to ride the trails, he said, also buy gas and visit restaurants, hotels, and other businesses.Environmental impact restricts ORV use on federal land and snowmobile trails.
With snowmobiles, said Sheriff Strait, the machines are low to the ground and run on a track, limiting the pounds per square inch placed on vegetation and ground cover, which also is frozen. ORVs, including all-terrain vehicles and dirt bikes, have a higher poundsper square-inch impact on the earth and, since the earth is not frozen when they are used, they may disturb plants and cause erosion.
"The wetland areas are particularly critical," he said. "They're frozen in the winter. Nobody cares if you drive across the ice, but they do care if you drive across mud, where sensitive plants and animals exist."
Restrictions included in the new ordinance limit speed20to no more than 25 miles per hour, require drivers to be at least 12 years old, and require use of headlights and taillights during reduced visibility and before sunrise and after sunset. By January 1, 2010, lights will be required at all hours.
The concept of the ORV ordinance is not new for the county.
In 2005, Sheriff Scott Strait drafted a Mackinac County ordinance that was adopted by the commissioners and all of the townships, except Bois Blanc. At that time, neither the townships nor the road commission petitioned to have any roads restricted from use. That ordinance allowed ORVs to travel on county roads, but only to access trails.
Since its passage in 2005, said Sheriff Strait, no deaths or increase in accidents involving four wheelers have occurred on county roads, and he believes the ordinance has improved safety.
Before the ordinance, ORV operators running illegally on county roads would sometimes try to outrun police.
"Now, they don't run, they stop," said Sheriff Strait, "which is actually safer for the general public."
The 2005 ordinance was drafted to fill a gap in an old state law that, for years, had regulated ORV use in the Upper Peninsula. The state law allowed use of the vehicles on trails unless an area was posted closed, although it offered no legal way to reach a trail, other than to be trailered to it. The law also allowed ORV use in the Upper Peninsula on state land that had an existing trail or road that was not posted closed to ORV traffic. A provision in that statute allowed counties to draft an ordinance to allow ORV use along county roads to access those trails. For those access routes to be established, townships also had to pass an ordinance.
Under the old state law, Lower Peninsula trails were considered closed unless posted open to ORV use.
On July 17, the state legislature replaced the old law with a statute giving all counties north of Mount Pleasant authority to allow ORVs on the sides of all county roads for any purpose.
"There is some debate down there," said Sheriff Strait, "because they have never had this before. The only difference for us is, before, you weren't supposed to be driving your ORV for any purpose, it was just to get to the trails. Now, you can drive it to the store, if you want."
The sheriff's office offers a free ORV operation and safety class to riders at least 12 years old, including adults. Completion of the course is required for those between 12 and 16 years of age. Participants receive a certificate. The class is offered when at least 10 people have signed up. The last class, which had 27 students, was held in September in Engadine. The sheriff's office also offers free snowmobile and marine safety classes. Those interested may call the sheriff's office at 643- 1911.









