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RED ALERT | Additional 31,000 Acres Added To Sedona Camping Closure (81k Acres)

June 6, 2022

Written By

Kevin Allard

RED ALERT | Additional 31,000 Acres Added To Sedona Camping Closure (81k Acres)

West Sedona Designated Dispersed Camping and Day-use Areas

Sedona, Arizona – In January of 1999, the Coconino National Forest supervisor issued Forest Order 04-99-02R prohibiting dispersed camping and campfires in various areas around the city of Sedona on approximately 53,000 acres of public land in Yavapai County Arizona. That forest order doesn’t expire until December of 2023.

The current Coconino National Forest Travel Management Plan signed on September 28, 2011, and shaped by public input, provides a general rule for dispersed camping. The plan allows public land users to travel 300 feet off established roads designated as dispersed camping corridors. Likewise, users are allowed to travel 30 feet off all established roads for dispersed camping.

This rule has allowed public land users to lawfully establish small side trails that offer dispersed camping and parking opportunities. However, the Coconino National Forest now deems these roads illegitimate.

New Forest Order prohibits dispersed camping on an additional 31,407 acres of public land

The Coconino National Forest published a scoping letter seeking comments from key stakeholders concerning the closure of dispersed camping on an additional 31,407 acres of public land for a total of approximately 84,000 acres around the Sedona area. Cooperating agencies included the cities of Sedona and Cottonwood, Arizona Game and Fish, the Yavapai County Sheriff’s Department, and twelve other unknown “stakeholder groups.”

This new proposal will limit dispersed camping on an additional 31,407 acres of public land to eight designated areas which the forest service claims can accommodate 150-200 campers and consists of 38.28 acres. That is a 99.9% reduction in dispersed camping opportunities in the project area. The designated areas will have no occupancy limit, no fees, and provide dispersed camping on a first come, first serve basis.

The roads will be lined with boulders to prevent public land users from using existing dispersed campsites that leave the main camping corridor. Most of these roads are simple loop trails that leave the main road no more than a couple of hundred feet as allowed by the current Travel Management Plan. They are legitimate and lawfully created campsites that define the very idea of dispersed camping.

Thirteen miles of dispersed camping corridors in the project area will be closed. All camping corridors affected by the forest order are County maintained rights of way under cooperative agreements and are accessible by anybody with a passenger car.

In addition to dispersed camping restrictions, this forest order will prohibit campfires throughout the entire 31,407-acre area. No campfires will be allowed outside of the eight designated camping areas.

All of the above restrictions will apply to the area depicted in red on the map below. This also includes dispersed camping and a permanent fire ban along multiple other forest roads within the area.

No effort to consider input from the public.

The Coconino National Forest claims that no major federal action is taking place and therefore has asserted a Categorical Exclusion. Meaning, that no public participation process is necessary. They made no effort to inform or engage members of the public who use these camping areas including active mining claims and recreation users. There was no NEPA process and no publication in the Federal Register or the Arizona Capital Times.

On August 23, 2021, the Coconino National Forest consulted 75 people at a Sedona Chamber of Commerce event concerning camping restrictions around Sedona. The Sedona Chamber is also a key player in the current push to close motorized access to popular forest roads around Sedona. The Sedona Chamber of Commerce has taken an anti-access approach to issues on public lands around Sedona while displaying major animosity towards public land users in City Council meetings.

Likewise, the Chamber, the City of Sedona, and other anti-access groups are targeting 4×4 business and Airbnb rentals in Sedona while Sedona City Council members equate the desired outcome to regulations on adult sex shops. The Chamber and the City of Sedona want to regulate 4×4 and AirBnB businesses with zoning and business licensing. If successful, it would be a clear violation of the Contract Clause enumerated in Article 1 Section 10 of the US Constitution, and Article 1 Section 25 of the Arizona Constitution.

Coconino National Forest argues a NEPA process will be considered once boulders are placed along existing roads to block frequently used campsites. We have requested that the Coconino National Forest notify us of all policy proposals concerning roads and dispersed recreation, including the Sedona area. We will be sure to notify our readers once these proposals are available for public participation.

The result of unintended consequences

In the decision memo, the Coconino National Forest claims the purpose and need for this project is to reduce overuse of the National Forest, address sanitation issues, and reduce trespassing on private land. However, they failed to provide any basis for these claims.

In the Decision Memo, the Coconino National Forest makes vague claims such as, “The recent increase in recreational use has resulted in resource damage including loss of vegetation cover and native plants, introduction of invasive plants, and disruption of wildlife,” with no scientific data or rationale to validate their claims.

There is no denying that recreation use is increasing in the Sedona area and across the state. Visitors are coming from all over the world to enjoy the beautiful world-renowned red rocks of Sedona and need adequate accommodations. An increase in outdoor recreation should be expected.

In return, federal land managers should expand facilities to accommodate users visiting popular attractions like the red rocks of Sedona. Instead, there have been very few improvements to public land facilities in over 50 years due to a lack of funding and environmental concerns taking precedence over land use rights.

The Forest Order from 1999 has concentrated public land users in the remaining areas outside of its boundaries that are now facing closure. This new Forest Order, proposed permit entry systems for popular forest roads, and the city of Sedona’s disdain for Airbnb rentals will exacerbate these problems. Users will be pushed out of the sedona area and into Cottonwood and elsewhere. As a result, a larger area over several decades is affected by overuse and closure.

Related: Prescott National Forest is proposing to limit dispersed camping to designated areas in the Verde Valley.

Motorized users can not ignore the issues in Sedona.

As we’ve talked about before on several occasions, RS 2477 is a property right granted to the states by the US Congress that recognizes a fundamental human right to travel across the earth. It’s a servitude imposed on the underlying landowner (the servient estate) by the state (dominant estate) on behalf of We The People. State law (ARS 37-931) determines the recognition, validity, and management of RS 2477 rights of way, and the Attorney General’s Opinion I17-005 (R15-014) describes the extent of the County’s authority over RS 2477 rights of way.

These roads fall under Revised Statue 2477 and ARS 37-931 which require a formal process by the County. Yavapai County ordinance 2020-5 requires a permit to encroach on a public right of way. Such a permit is valid for only 30 days and failure to comply is a crime carrying a class 1 Misdemeanor and punishable up to a $1,500 fine and 6 months in jail. The ordinance allows the county to remove any encroachments and recover the costs associated with doing so.

Over the past several months, many issues have arisen in the Sedona area concerning OHV use in the Coconino National Forest. Residents are complaining about loud noises and dust. Arguments include tree mortality from a lack of photosynthesis from dust clouds while completely ignoring dust abatement chemicals that are known to cause high nitrogen in the soil and tree mortality along roads.

Other arguments include aggressive driving, camping longer than 14 days, and trespassing on private land. All of which are illegal under current Arizona law.

The answer to these problems is very simple. Enforce existing state laws and hold people accountable for their actions, but that is easier said than done. We have a major crisis with a lack of law enforcement in the Arizona backcountry, and it’s starting to show. The local sheriff’s department does not have the funding to hire additional law enforcement and thus we should seek an Appropriations bill in the state legislature for each County Sheriff for this exact purpose. In addition, we should rearrange policy at the county level that will both defend the county’s Revised Statute 2477 property rights, and alleviate negative impacts on the servient estate.

Fact: The City of Sedona Police Department can exercise its extraterritorial jurisdiction under ARS 9-463.04 which allows city law enforcement to exert jurisdiction up to 3 miles outside of the official city boundary.

We all pay the consequence for the actions of a few

Although UTVs are the focus of the problems around Sedona, all public land users will be affected by the city’s push to end dispersed camping, permit the use of popular forest roads, destroy 4×4 businesses, and limit Airbnb rentals. The city of Sedona and their workgroup called The Red Rock OHV Conservation Crew (RROCC), are using the Arizona State Parks and Trails administrative definition of OHV which includes all vehicles that are capable of driving off of improved roads. This includes UTVs, ATVs, motorcycles, and registered motor vehicles.

We fully oppose any further restrictions and 100% support additional law enforcement to hold bad actors accountable, investigate criminal activity, and enforce existing state law. The only one which is necessary and adequate does not involve closures. New changes to the state’s OHV fund will double the Arizona Game and Fish law enforcement officers from 7 to 14 and many are hopeful it alleviate some of these problems across the state. However, we don’t think it will make a dent.

We must be aware, that anti-access groups are gaining massive traction in the local political sphere.

Please Take Action

Read The Forest Order

We ask that you contact the political representatives from legislative district 6, County Board of Supervisors and the County Sheriff by using the contact form and pre-written email that we have provided below.

We are requesting the county enforce current Arizona Laws and oppose the encroachment by the federal government on public rights of way according to state and federal law, and county ordinance.

Comments to Yavapai County on Coconino NF Forest Order to restrict camping

Read the Petition

Comments regarding dispersed Camping on public land around Sedona.

Project: Coconino National Forest West Sedona Designated Dispersed Camping and Day-Use Areas.

Project Summary: To restrict dispersed camping to designated areas and prohibit campfires on 81,000 acres of public lands west of Sedona. The proposed restrictions would take place on Yavapai County Roads 525 and 762. Both Yavapai County RS 2477 rights-of-way.

I %first_name% %last_name%, am contacting you today to express my strong opposition to dispersed camping restrictions on public lands around Sedona, Arizona.

County Roads 525 and 762 and all of the surrounding roads have been utilized by public land users since the territorial days. Both roads can be found on official survey plats in General Land Office Records as early as 1877. These rights of way are public highways granted by the U.S. Congress as part of the Mining Act of 1865 and Revised Statute 2477. These roads provide a fundamental right of use to the public that is governed by state law according to long-standing federal regulation, agency memos, and supreme court decisions.

State’s rights to RS 2477 rights of way are further protected by Section 108 of the Omnibus Consolidated Appreciations Act and the Government Accounting Office decision B-277719 issued on August 20th, 1997, by prohibiting any agency of the federal government from issuing any rule or regulation pertaining to the validity, recognition, or management of RS 2477 rights of way unless expressly authorized by an act of Congress.

ARS 37-931 gives counties, cities, and towns authority over RS 2477 rights of way, and the Arizona Attorney General’s opinion I17-005 (R15-014) describes the extent of that authority. ARS 28-6701 describes the process by which these roads can be altered or abandoned, while Title 28 Chapter 20 Article 8 governs that process.

It is my understanding that dispersed camping and parking on public rights of way is a legitimate use that falls within the extent of the County’s authority, and thus is governed by Arizona law and county ordinance. Therefore, the Coconino National Forest’s proposed restrictions are outside of its authority and unconstitutional.

Although the county and the public are liable for actions that impose an undue burden on the surviant estate; I understand the county, as the dominant estate, must do everything in its power to protect this fundamental property right held in trust by the County, on behalf of We The People. Therefore, the county has the duty to assure the general public does not impose an undue burden on the surviant estate and investigate acts such as trespassing, trash dumping, abandoned campfires, reckless driving, and enforce the 14-day camping limit.

As a public land user who frequently visits the Sedona area, I respectfully request that Yavapai County:

  1. Oppose the proposed restrictions by the U.S. Forest Service and defend the Counties RS 2477 property rights.

  2. Enforce County Ordinance 2020-5 prohibiting encroachment on a public right of way.

  3. Pursue monetary compensation and criminal prosecution for encroaching on a public right of way as allowed by State Law and County Ordinance 2020-5.

  4. Establish a task force consisting of Yavapai County Sheriffs and other state law enforcement to frequently patrol county roads in the Sedona area.

  5. Establish a mechanism to keep track of camping days and enforce the 14-day camping limit.

  6. Decline to prosecute any unconstitutional violations imposed by the servient estate outside of the servient estate’s legislative jurisdiction where state law is not applicable.

  7. Pass a County ordinance to assert these decisions and assure public use, including dispersed camping adjacent to RS 2477 roads.

%%your signature%%



This message was sent from a call to action on AZBackroads.com. You may visit the article HERE
 
Kevin Allard
Author: Kevin Allard

Kevin is an American outdoorsman born and raised in rural Arizona who grew up exploring the Arizona backcountry with his father. Today, he and his son travel to the most remote regions of Arizona, scavenging for the remains of early western pioneers. As a lifelong outdoorsman, Kevin has learned to stick close to his roots while engaging in important advocacy work regarding motorized access to public lands. You can find his work in many local and nationwide publications, including The Western Journal, 4Low Magazine, and his website AZBackroads.com.

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