PA Environment Digest Blog: PA Environmental Defense Foundation Files Court Action Challenging Use Of ATVs For Recreation In Northcentral PA State Forests Resulting In 2,000+ Miles Of Illegal ATV Trails

Tuesday, December 3, 2024

PA Environmental Defense Foundation Files Court Action Challenging Use Of ATVs For Recreation In Northcentral PA State Forests Resulting In 2,000+ Miles Of Illegal ATV Trails

On December 2, the Pennsylvania Environmental Defense Foundation filed a Petition in Commonwealth Court challenging the constitutionality of the use of All-Terrain Vehicles (ATVs) for recreation in Pennsylvania’s Northcentral State Forests.

The petition alleges the Department of Conservation and Natural Resources and the Governor have failed to protect state forests used by ATVs on more than 300 miles of ATV trails built by DCNR and 2,000+ miles of illegal trails created by riders in Sproul, Susquehannock, Tiadaghton and Tioga State Forests.

A spokesperson for DCNR said the agency “does not comment on ongoing legal matters.”

"The most severe problems were caused by ATV riders traveling off designated trails, i.e., illegal operations.

“ATV riding in unauthorized forest areas resulted in extreme environmental degradation involving streambeds, wildflower sites, wetlands, vernal ponds, power lines and pipelines, and other environmentally sensitive areas."

PEDF says ATV riders have endangered other users of the forest, including themselves and at least 15 deaths have occurred from ATVs used on state forest roads.

Robert Barbour, who performed law enforcement in the Tiadaghton and Loyalsock State Forests for 24 years, was quoted in the petition saying one ATV rider "dragged [him] down a road for approximately 40 yards before stopping" when caught for violations.

"Based on Barbour’s 24 years of experience in law enforcement on the State Forest, he has concluded “that it is not possible to manage ATV recreation safely and without serious degradation to the state forest.”

Under Pennsylvania's Environmental Rights Amendment to the constitution, DCNR and the Governor are trustees of the state forest and are bound to preserve its ecology under the Amendment, according to the petition.

By allowing ATVs in the forest for the past 38 years, they have violated those duties, according to PEDF.

DCNR has long recognized the seriousness of the problems created by the ATV recreation in the forest, PEDF said.

[On December 6, DCNR told the Snowmobile and ATV Advisory Committee there were 23 people killed in accidents riding ATVs across the state in 2023 and 19 fatalities so far in 2024.

[The total number of accidents reported involving ATVs in 2023 were 86 and 102 so far in 2024.

[Pennsylvania requires ATV riders ages 8 to 15 to complete a safety training course to ride on land not owned by their parents or guardians.

[DCNR told the Advisory Committee in 2023 a total of 349 students attended 90 ATV safety classes. In 2024 as of November 1, 264 students-- 72 ages 8 and 9-- attended 81 training courses.]

Since 2001 DCNR imposed a moratorium on any further additions of ATV trails, and have had a blanket restriction of ATV recreational use on state forest roads.

But in 2020, Gov. Wolf overrode DCNR’s moratorium and signed into law the requirement for DCNR to construct new ATV trails through the northcentral forest.

Based on that law, from 2021 to 2023, DCNR established a new ATV trail system over 374 miles long, covering Potter, Tioga, Lycoming, and Clinton Counties, connecting all the way to the New York border.

The new ATV trail is named the Northcentral ATV Regional Trail Connector Pilot. It is intended to be just the beginning of creating an ATV trail system throughout the 1.6 million acres of State Forest and State Parks in Northcentral Pennsylvania, according to PEDF.

PEDF noted a 2023 Report to the General Assembly on the Northcentral ATV Pilot project outline many impacts of ATV riding in the region, including riders developing unauthorized “rogue” trails, environmental impacts and the results of a state forest user survey that found 71% of non-motorized recreationalists and 46% of local respondents were “dissatisfied with the ATV Pilot Program.” Read more here.

DCNR pointed out the Northcentral Regional ATV Trail Project generated an estimated revenue of $10.4 million in 2022 and $13.1 million in 2023 for Potter and Tioga counties, according to a Penn State analysis.

Local businesses surveyed for the study reported that 28 percent of their revenue was from ATV riders, spending approximately $124 per visit. Businesses also reported that about 35 percent of their summer customer base was a result of the pilot.

Operational costs for the pilot were $2.4 million to create, maintain and administer the program for its first three years. Nearly $430,000 in revenue was generated from the 10,799 passes sold during the first three years of the pilot, according to DCNR.

"PEDF believes that the entire ATV recreational trail system in northcentral Pennsylvania State Forest needs to be eliminated.

"DCNR needs to get out of the motorized recreation business altogether.

"They are foresters, not amusement park operators. Their job is to protect the wildness of the forest, to provide the trees and plants and animals and birds, and the people who enjoy them, with a safe to live and enjoy," according to PEDF.

Click Here for a copy of the Court filing.

Visit DCNR’s ATV Riding In State Forests webpage for more information.

Resource Links:

-- PA Environmental Defense Foundation Files Lawsuit To Stop Northcentral Regional ATV Trail Connector Project As Violation Of Public Trust Responsibilities [PaEN - 12.10.21]

-- DCNR Finalizes ATV Trail Policy To Allow New Riding Opportunities On State Forest Lands [PaEN - 11.19.20]

-- Newport Twp. Police, DCNR Take On 40 ATV Riders Illegally Riding, Littering On Reclaimed Land, Pinchot State Forest In Luzerne County [PaEN - 5.6-20]

-- DCNR Accepting Permit Applications For 2024 Regional ATV Connector Pilot Program In Northcentral PA, Riding Season Dates Set [PaEN - 4.15.24]

Resource Links - Recreation Economy:

-- Pennsylvania’s Outdoor Recreation Economy Grows To $19 Billion In 2023, Supporting Thousands Of Jobs and Creating Economic Opportunity Across The Commonwealth [PaEN]

-- PA Office Of Outdoor Recreation Hosts Dec. 11 Webinar On Release Of 2023 Data Showing Tremendous Growth In PA’s Outdoor Recreation Economy [PaEN]

-- Interns Wanted: DEP, DCNR Now Accepting Applications For Paid Internships [PaEN]

-- PA Environmental Defense Foundation Files Court Action Challenging Use Of ATVs For Recreation In Northcentral PA State Forests Resulting In 2,000+ Miles Of Illegal ATV Trails [PaEN]