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Conservation Commission

Conservation and More

              by Bruce B. Beckley


Issue #120, April, 2002
Recreation Versus The Land

"Pressure for public recreation is at an all time high,” reported Peter Benson of The Nature Conservancy (TNC) at a recent conference on Landscapes and People. Benson manages the TNC properties in New Hampshire’s three northern counties. He finds these properties, ranging in size from two to 17,000 acres, are all being impacted by all terrain vehicle (ATV) usage. The Conservancy is spending half of its land stewardship budget mitigating ATV damage to trails and habitat. Benson went on, “The use of ATVs is not compatible with conservation goals.”

It has been my privilege to use my neighbor’s land for walking and XC skiing. It is my privilege – not my right. With that privilege comes my obligation to leave the neighbor’s land undisturbed or even better than I found it. No one with any IQ can believe that there is land which does not belong to some one. Yet, time and time again an ATV user will say, “I didn’t know anybody owned this land.” Often the trespasser reflects that attitude in his use of the land.

Two cases in point: First, Up to a month ago a path we have walked for 25 years was covered with a rich layer of forest duff. Arbutus grew along it and rain waters could soak in where they fell. In the short span of 30 days ATV users have taken over. The forest duff which took decades to evolve and the arbutus are churned up and pushed into windrows beside the widening trail. Scarred, bare roots lie exposed over hard-packed soil that now becomes an eroding waterway in the spring rain.

Second case. In our last article we described the bridge constructed by ACC volunteers in the Pond Parish Town Forest. A neighbor generously prepared a trail to connect the two sections of the Forest with the bridge. Within days, ATVs had chewed up the new trail and pushed down and scarred the small trees and blueberry bushes along the trailside. Motorbikes were running the bridge.

The Nature Conservancy found that for operators illegally entering TNC lands the average age is 48 years, half have ATV club affiliations and almost all were registered in the town in which they were stopped. We believe that in this area ATV operators have the intelligence to know the law but choose to ignore it. Parents have an obligation to ensure that minors under 18 years understand the law and operate within its bounds.

Many things are working against the land. The numbers and wealth of our society are shooting up. Equipment manufacturers are producing more aggressive vehicles capable of use in all seasons and on more remote terrain. More recreationists are expecting a piece of the land pie – a pie that gets smaller every year as developments consume the woodlands. As a result, the land gets less downtime to recuperate from human usage.

Organization after organization reports that ATVs and off highway users are their biggest problem. The use of ATVs is not compatible with the conservation and light recreation goals of these groups. That is true around Amherst where all ACC property is closed to any motorized uses. Bedford has closed Joppa Hill Farm to all ATV use to stop the rutting of the fields. Merrimack has closed the recently acquired 500-acre Harris Pond area to ATVs to stop further land abuse.

All uses and users of the land have some impact. The ACC will permit uses which are consistent with our conservation goals. There will be some areas of open land (un-built upon) which may not be opened to the public. Remember, use of the land is a privilege, not a right. Some of the laws and regulation pertaining to ATV use include:

  • No use of ATVs is allowed on ACC land.
  • Written landowner permission is required for all recreational vehicles to operate on land of another.
  • It is unlawful to operate on any road or within the highway ROW except where authorized and so posted. (There is none in Amherst.)
  • Landowners are not required to post their land against OHRV use. The absence of signs does not mean OHRVs are welcome.
  • Those under age 18, can only operate on land owned or leased by a parent, grandparent or guardian.
  • ATVs must not be driven in wetlands. Rutting in wetlands constitutes dredging which requires a permit. Violations are punishable by fines of $2,000 unless the violation was willful which carries a fine of $10,000. Remember this parents!

    • Our thanks to all the considerate operators. Please help others understand the effects of improper operation.

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