OHV4TN
Dedicated to creating a diverse statewide system of
*OHV trails in Tennessee
*(Off-Highway Vehicle = 4x4, Motorcycle and ATV's)
The mission of the OHV4TN organization is to advocate for a statewide system of OHV trails in Tennessee, communicate information regarding off-highway vehicle riding opportunities, laws and rules, funding mechanisms and grant funding for off-highway vehicle projects that include land acquisition, eco-friendly trail building, maintenance and operations, law enforcement and safety education. Our goal is to create safe, fun and sustainable riding areas, which will provide outstanding recreational opportunities for current and future generations.
As we get set up to become a full-fledged state OHV organization with a brand new website (www.tohva.org), I am going to start collecting useful information and put it on this page for now. If you have useful weblinks or tidbits, please send them to me: iva@ivamichellerussell.com Michelle, Please put this link on the ohv4tn website for those people who are operating an OHV park/trails or those who are thinking about establishing a new park. They may want to contact the Area Forester to see if they could help. Forestry Best Management Practices Guidelines: http://www.state.tn.us/agriculture/forestry/BMPs.pdf The BMP's deal with preventing water pollution by the proper installation of logging roads across streams, establishing stream management zones and pages 36-37 deals with State Water Quality Legislation. It not the definitive answer, but its a good place to start. Also mention pages 33-35 that discusses the Federal Water Quality Issues, primarily the need for a Section 404 permit from the Corps of Engineers. Bob
Here is one from Bob Richards, TDEC Greenways and Trails Coordinator
Couldn't say it any better Bob...:)
Here is another good one from the 2008 TDEC Greenways and Trails Recreation Draft Plan...an entire section is dedicated to OHV (see Below)
http://www.state.tn.us/environment/recreation/greentrails.shtml
OFF HIGHWAY VEHICLES (MOTORIZED) TRAILS
Guiding Principle: The State of Tennessee should continue to work with agencies, communities and organizations to provide trails and greenways for user types with significant unmet needs.
The need to address motorized recreation is real in Tennessee. (cite from 2001 Tennessee Greenways and Trails Plan, page 44) More motorized dirt bikes, all terrain vehicles (ATV’s) and 4 x 4-wheel drive vehicles are sold each year and yet there are no new trails. The United States Forest Service has completed research on trail design techniques that can produce low maintenance, sustainable OHV trails.
The 2002 State of Tennessee Governor’s Off Highway Vehicle (OHV) Study12 presented a high need for permanent, publicly owned OHV recreation areas which are located regionally so the OHV trail users can drive 1-2 hours to reach an OHV park. This study also emphasized that the estimated direct economic impact was $1.76 billion, with the total for both direct and indirect impacts being $3.43 billion (1998 prices). OHV recreation in Tennessee generates a large amount of tax revenues for local and state government through state gas taxes; state and local sales taxes and other permit and use fees. It is a big business in Tennessee.
The state legislature passed the 2004 Off-Highway Vehicle (OHV) Act which establishes an OHV program in the Tennessee Wildlife Resources Agency; however, it does not have a dedicated funding mechanism, such as an annual title fee or an annual user permit fee. TWRA oversees the OHV pilot program at Royal Blue Wildlife Management Area (WMA) and there are now over 30 miles of rehabilitated trails OHV trails for dirt bikes, ATV’s and 4x4’s. These initial trails at RBWMA have been signed and marked and a map is available at
Actions
1.
Create an equitable state funding mechanism to finance public land acquisition and trail development for Off-Highway Vehicle (OHV) trails, focusing on a regional approach and involving local government entities, OHV users and public/private partnerships.
2.
TDEC will develop an inventory of all OHV trails (public and private) and place the information on the Greenways and Trails web page.
3.
The Greenways and Trails Roundtable group should discuss and propose solutions to address Tennessee’s OHV program based on a policy statement developed by all land management agencies and statewide OHV trail advocates
a.
This group should also review the TCA and the 2002 TDEC OHV Feasibility Study to clarify needed strategies or direction
b.
Discuss the feasibility and development steps for a Grant-in-Aid program targeting construction and operation of OHV trail systems by local governments to increase the number of OHV trails and promote local area economic benefits.
c.
Plan an OHV forum to continue the dialogue and address solutions among cooperating agencies
d.
Advocate the development of best management practices (BMPs) and environmentally sound construction designs suitable in Tennessee. 31
3-18-08 revision
Off Highway Vehicles (Motorized) Trails Side Bar
One of the premier OHV areas in the eastern United States is the Hatfield-McCoy Trail System in West Virginia. Ten years in the making, legislation was passed in 1996 creating the Hatfield McCoy Regional Recreation Authority and included a seven county region in southern West Virginia. In 2007, this number increased to nine counties with six communities passing local ordinances to allow OHV use on local roads and thoroughfares. There are now approximately 1,000 miles of interconnected trails in the 9-county region.
The Center for Business and Economic Research Department of Marshall University in Huntington, WV, conducted an Economic Impact Study for the calendar year, 2005,13 of the Hatfield McCoy Trail. They highlighted the following results:
•
24,285 trail users purchased permits;
•
Trail users spent $2,798,036 in local communities;
•
146 Full Time jobs were created
These activities had a direct impact of $622,752 in state tax revenues. For more information on the Hatfield McCoy project, go to www.trailsheaven.com .
This type of system is slowly being created in the Campbell, Scott, Morgan and Anderson counties of Tennessee. The North Cumberland Purchase added over 122,000 acres of lands in Campbell, Scott, Morgan and Anderson Counties and these lands are contiguous to the Sundquist and Royal Blue Wildlife Management Areas (WMA). The private company, Brimstone Recreation, LLC manages and promotes the recreational use of 19,196 acres of land in Scott county, will be working with the Tennessee Wildlife Resources Agency to continue to manage this area for recreation activities.
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TN OHV LIABILITY STATUTE Chapter 70-7-102. Landowner's duty of care. — The landowner, lessee, occupant, or any person in control of land or premises owes no duty of care to keep such land or premises safe for entry or use by others for such recreational activities as hunting, fishing, trapping, camping, water sports, white water rafting, canoeing, hiking, sightseeing, animal riding, bird watching, dog training, boating, caving, fruit and vegetable picking for the participant's own use, nature and historical studies and research, rock climbing, skeet and trap shooting, skiing, off-road vehicle riding, and cutting or removing wood for the participant's own use, nor shall such landowner be required to give any warning of hazardous conditions, uses of, structures, or activities on such land or premises to any person entering on such land or premises for such purposes, except as provided in § 70-7-104 <http://www.michie.com/tennessee/lpext.dll?f=FifLink&t=document-frame.htm&l=jump &iid=tncode&d=70-7-104&sid=4c5e6af1.10ceab2.0.0#JD_70-7-104> . [Acts 1963, ch. 177, § 3; T.C.A., § 51-803; Acts 1987, ch. 448, § 2; 2004, ch. 952, § 2.] Chapter 70-7-103. Effect of landowner's permission. — Any landowner, lessee, occupant, or any person in control of the land or premises or such person's agent who gives permission to another person to hunt, fish, trap, camp, engage in water sports, participate in white water rafting or canoeing, hike, sightsee, ride animals, bird watch, train dogs, boat, cave, pick fruit and vegetables for the participant's own benefit, engage in nature and historical studies and research, climb rocks, shoot skeet and trap, ski, ride off-road vehicles, and cut and remove wood for the participant's own use upon such land or premises does not by giving such permission: (1) Extend any assurance that the premises are safe for such purpose; (2) Constitute the person to whom permission has been granted to legal status of an invitee to whom a duty of care is owed; or (3) Assume responsibility for or incur liability for any injury to such person or purposely caused by any act of such person to whom permission has been granted except as provided in § 70-7-104 <http://www.michie.com/tennessee/lpext.dll?f=FifLink&t=document-frame.htm&l=jump &iid=tncode&d=70-7-104&sid=4c5e6af1.10ceab2.0.0#JD_70-7-104> . Chapter 70-7-104. Conditions under which liability unaffected. — This part does not limit the liability that otherwise exists for: (1) Gross negligence, willful or wanton conduct that results in a failure to guard or warn against a dangerous condition, use, structure or activity; or (2) Injury caused by acts of persons to whom permission to hunt, fish, trap, camp, hike, sightsee, cave, or any other legal purpose was granted, to third persons or to persons to whom the person granting permission, or the landowner, lessee, occupant, or any person in control of the land or premises, owed a duty to keep the land or premises safe or to warn of danger. [Acts 1963, ch. 177, § 5; T.C.A., § 51-805; Acts 1987, ch. 448, §§ 4, 5; 2004, ch. 622, § 9.]
Tennessee Code Annotated (TCA)
www.nohvcc.org
www.sfwda.org
www.ufwda.org
www.sharetrails.org
www.ama-cycle.org
http://www.state.tn.us/agriculture/forestry/BMPs.pdf (good for people who have private OHV parks or wanting to start one...best management practices dealing with water crossing solutions)
