Commission to consider ordinance allowing use by OHVs of paved county roads

• Commissioners will consider an ordinance at their October meeting

Lincoln County Attorney Alan Morel is drafting an ordinance at the direction of the county commission to govern use of county paved roads by off-highway vehicles.

Commissioners will consider approval of the draft at their meeting in October. The general consensus at the Sept. 18 meeting appeared to be that use of the paved roads would be restricted to routes with speed limits of 45 mph or lower and to side-by-side models.

“My concern is not local people, my concern is those from out of state,” Commission Chairman Preston Stone said. “Look at our hunting season. people used to camp out in tents, now they have a fifth wheel or a camper and a trailer with three or four Polaris in it.  How are we going to govern this. We’re going to see roads in our national forests never there before, abuse and trespass. There’s a lot to this situation than just passing an ordinance.”

Stone cast the only nay vote on the motion by Commissioner Elaine Allen to move ahead with drafting an ordinance.

Other than Sheriff Robert Shepperd expressing concern about enforcement and confusion about the law by the public and officers, those speaking on the agenda item Sept. 18, urged passage of an ordinance in line with those in municipalities and to back action on a state level to allow use of state highways with speed limits 45 mph or lower,. That change would create the ability to ride on Mechem and Sudderth drives in Ruidoso, both part of New Mexico Highway 48.

Eric Vaugh said the system was simple in Moab, Utah, where every gas station in town sold licenses to ride on their roads with proof of insurance and the vehicle’s VIN number. “It doesn’t have to be complicated,” he said.

Morel said an ordinance similar to those approved in municipalities would make enforcement easier.

Tim Holt said why not allow the use of paved roads by off highway vehicles.

"I guarantee it's happening all the time," he said. "Some are larger than cars. Most have turn signals, brake lights and horns just like cars. We have tractors, motorcycles, bicycles and horses on the paved roads. I just don’t see any reason why you shouldn’t. Most of the riders are my age and not doing much hot rodding."

More: Council allows OHV use on roads:Off-road vehicles approved for limited village street use

Lance Roe of Back Country Attitudes urged approval of an ordinance. Currently, OHV riders only can cross paved county roads for access from one dirt road to another

."I know not allowed to travel on state roads, but if we get the county to open up, that’s out next thrust. We've had several meetings with Game and Fish (Department, which oversees OHV law enforcement outside of municipalities),. We have support from (Ruidoso) Mayor (Lynn) Crawford, the village, parks and recreation. A lot of people would love to access our forest by county roads. Other counties have adopted ordinances, (including the neighboring counties of Chavez and Otero).".

Access to the Lincoln National Forest now is gained at the end of Eagle Creek on Forest Road 120,for two-hour and three-hour guided trips he said.

Commissioner Dallas Draper said he would like to see a map to understand the logistics of the need for such travel and exactly where it might occur. The New Mexico Transportation Commission needs to be more proactive in defining limited access, he said.

"I’m a jeep person, but I do think these things are here to stay," he said. "Let’s just do it right."

Several local residents who ride OHV also urged action by commissioners, relating their personal experiences, and pointing out that no fatalities have occurred with OHV in the county.

James “Buba” Brown urged approval, saying the side by side Polaris he rides is a substantial investment and a stable platform on or off road.

In Arizona, they can be ridden on state highways and city streets. They must be licensed and have certain safety features such as horns and turn signals. They all have headlights and tail lights, he said.

More: Ruidoso considers ordinance change:From the Chief: Ruidoso's Off Highway Vehicle Ordinance issue

J. R. Montoya of Back Country Attitudes pointed to the advantages for tourism and how he has been thanked by area business owners in the several towns including Capitan for sending people their way. Ninety percent of the company's back country tour business comes from residents of Fort Worth, Texas; Hobbs and Lovington, he said. The activity pushes children into the outdoors and away from video games, into the forest and away from the city where they never see wildlife, he said.

Sgt. Benjamin Byrd of state game and fish said the decision is up to commissioners and he wold not state a preference.

"I will say there are lots of OHV on roads currently," he said. "This ordinance pertains only to paved roads. They have been on dirt roads for long time. There are different requirements for driving on county dirt and paved roads, (the latter is) a little more strict.

"I've been dealing with this amd there is a lot of confusion with residents and out of state people. A lot think Alto and Ruidoso are the same, which they are not. A lot ride in Alto and Ranches Ruidoso. It's been rough for law enforcement," which has tried not to over enforce, but if a local ordinance isn't approved, more tickets will have to be written for violations, he said.

"The one thing you guys can’t fix is the NM 48 issue," Byrd said. ":That still will be in place. It's a state highway, not a county road. (The state) won’t entertain (a change in the law) if you don’t pass an ordinance."

The speed limit on the state highway changes in various places, and signs would have to be installed reminding people that those segments with higher than 45 mph limits could not be used by OHVs, he said.

Gavilan Canyon Road will be a big usage area, as will Ranches of Sonterra and Ranches Ruidoso, he said.

"Beyond that, there are not many county roads they could ride on that they aren’t already, because they are dirt roads," Byrd said,

A law passed in 2016 allows cities and counties to set their own OHV rules on their roads, he said.

Shepperd said he would prefer usage be limited to guided tour businesses, but he knows that;s not possible.

"We have a problem with illegal riding  by ATVs and UTV mostly in back of subdivisionions where they are trespassing and in Hondo Valley (where drivers are) underage and riding without supervision," he said.

He foresees many issues arising and is worried about safety, the sheriff said. He noted that in many areas of the county without posted speed limits, because of surrounding conditions it may be as high as 55 mph and would prohibit OHVs.