RED ALERT | New Arizona laws propose sweeping changes for motorized public land users

Four new state laws meant to govern OHVs are advancing through the state legislature with bipartisan support. These new laws aim to redefine what an OHV is and govern how OHVs are operated in Arizona. Introduced by the Republican-dominated state legislature, the new OHV laws will change multiple sections of the Arizona Revised Statutes relating to driver’s license requirements, open container laws, license tax, temporary registration, and more to tighten up provisions governing motorized OHV use of public lands.

Background and influence

The proposed laws are part of multiple failed attempts by a collaborative of anti-access organizations and government officials in response to highly publicized OHV issues in the Sedona area. Working through various front groups, this collaborative of anti-access organizations, federal, state, county, and city officials, and state legislators are working to change state laws to appease a handful of disgruntled Sedona residents over unproven OHV impacts.

Their stated goal is to close or strictly limit motorized use of public lands around Sedona and the Verde Valley. They have been on a relentless crusade to end or severely limit motorized use of what roads are still open on Coconino National Forest land around Sedona. They have tried everything from pressuring the Forest Service to introduce permit systems on popular trails like Broken Arrow, to attempting to regulate 4×4 businesses with zoning regulations while comparing them to adult sex shops. Their efforts also include a proposed city ordinance that would prohibit the use of non-DOT approved aftermarket equipment within Sedona city limits and employ “citizen aides” to write tickets for violations and impound vehicles for inspection.

Their efforts are bolstered by the cooperation of several Republican legislators who have used their lawmaking authority to attempt to advance anti-access efforts that will impact motorized use of all 24 million acres of public lands in Arizona. An array of similar bills were introduced over the last three years to change the OHV weight limit, require an education course, restructure the OHV fund to pay for restoration projects on private lands damaged by OHV use, and reallocate funding from the OHV fund to the Sheriffs department for enforcement efforts.

Sedona, Arizona residents claim OHV users are operating with poor etiquette. However, there is no evidence to support their claims. According to official studies conducted by the US Forest Service, 4×4 tours and rental businesses make up the majority of 4×4 traffic on the surrounding trails, not the general public. 4×4 tour companies even enjoy exclusive access to some trails. While the majority of motorized roads in the area are closed to the public by forest order and travel management, studies suggest there is no environmental impact caused by OHV use of the remaining trails, as Sedona residents claim. The U.S. Forest Service, Sedona PD, and the Yavapai County Sheriff’s Office have also conducted many targeted enforcement missions, only to encounter respectful operators.

The OHV issues in Sedona have gained national media attention with documentaries, media interviews, and newspapers depicting false and misleading messages to purposely damage the public perception of the 4×4 community. These propaganda efforts are using the alleged poor actions of tourists and squatters in an attempt to restrict public use of existing roads and to restrict dispersed camping on national forest lands.

The facilitators

An environmental consulting and facilitation firm called Southwest Decision Resources has been employed by the City of Sedona, Arizona State Parks and Trails, and Arizona Game and Fish to facilitate cooperation between OHV businesses, non-governmental organizations, Yavapai County, the US Forest Service, and state legislators. Together, they have developed multiple front groups and are vocal about changing state laws to eliminate or strictly regulate motorized access to National Forest land around Sedona.

Some of the Groups created by Southwest Decision Resources includes Keep Sedona Beautiful and the Verde Front Collaborative. This effort also includes the Sedona Chamber of Commerce, Red Rock OHV Conservation Crew, TreadLightly! and environmental organizations. They’ve placed obstructions to block roads and campsites, car counters on popular 4×4 trails, installed surveillance cameras, and have repeatedly failed to show any negative impact by motorized public land users.

Arizona OHV Study Committee

Out of the many bills introduced in the past 3 years to govern OHV use, the only law that passed established an OHV Study Committee to make recommendations for legislative action. The study committee consists of multiple Sedona interests that are involved with anti-access efforts in the Sedona area.

Members of the study committee testified in front of the legislature asserting their opposition to passing the bill without waiting for the recommendations of the committee report.

Members of the study committee:

• DeAnna Bindley – Sedona, Arizona Resident (public member knowledgeable about outdoor recreation issues, appointed by the President of the Senate)
• Becki Ross – Sedona, Arizona Cattle Rancher (public member knowledgeable about outdoor recreation issues, appointed by the President of the Senate)
• Chris Judson – Vice President of Polaris Off Road Utility (representative of off-highway vehicle manufacturer or retailer, appointed by the Speaker of the House of Representatives)
• Matt Caldwell – Tread Lightly! (representative of off-highway vehicle organization or recreational group, appointed by the President of the Senate)
• J.C. Sanders – Arizona Peace Trail (representative of off-highway vehicle organization or recreational group, appointed by the Speaker of the House of Representatives)
• Shawn Clark – Happy Trails Adventure Company of Arizona (representative of off-highway vehicle rental company, appointed by the President of the Senate)
• John Koleszar – Arizona Deer Association (representative of an organization representing hunting, fishing, or similar outdoor sports activity, appointed by the Governor)
• Benny Aja – Coconino County Farm Bureau – President (representative of farming and agriculture industry, appointed by the Governor)
• Bob Broscheid (Director, Arizona State Parks Board or designee)
• Ty Gray (Director, Arizona Game and Fish Department or designee)
• David Rhodes – Yavapai County Sheriff (law enforcement officer enforcing off-highway vehicle laws, appointed by the Governor)
• Jennifer Toth (Director, Department of Transportation or designee)
• Vacant (Commissioner of the State Land Department or designee)

One Sedona resident sitting on the Study Committee has threatened physical harm to employees of OHV businesses in Sedona and has been on a mission to damage their reputation while claiming that dust from traffic driving down Forest Road 525 is creating “zero visibility dust clouds” that are killing trees and destroying petroglyphs. Another Committee member holds a grazing lease on Coconino National Forest land around Sedona.

Another notable study committee member is a representative of Polaris, whose lobbyists from the Recreational Off-Highway Vehicle Association are pushing to increase the OHV weight limit to 3,500 lbs under SB 1052. They are doing this to accommodate upcoming electric UTV models that exceed the state’s OHV weight limit so they can curtail US automotive safety standards. To convince Democrat lawmakers to support the weight increase, Republicans admit this will include additional motor vehicles in the OHV program, thereby increasing OHV funding.

The proposed laws

Below is a list of all the proposed laws with a summary of each bill and “Read More” buttons leading to detailed breakdowns of each law that include the actual text of the proposed changes. Each detailed breakdown is important because it gives context to the entire situation. In these detailed breakdowns, we will include contact information for the sponsors of each bill.

We encourage you to read each law and reach out to legislators in your district and sponsors of these bills to voice your opinion. We encourage taking a moment to call the Governor’s office to urge a veto and sign up to speak in front of the legislature on behalf of motorized interest.

Read more on the Sedona Issue