Apr 08, 2008 - 05:41:11 CDT
When driving some of the outskirts of Bismarck recently, it was hard not to notice how some of the right-of-way ditches are becoming so rutted by ATV and motorcycle traffic.If or when we do get some decent rainfall, water is going to erode a lot of these beaten-down trails into gulleys that will need repair, which I'm sure most government bodies don't have budgets for. When it becomes absolutely necessary, the money will come from us, the taxpayers.
Beside being unsightly, unsafe, and creating erosion problems and silt runoff, a highway maintenance tractor mowing grass is going to drop its wheels in one of these ruts some day and the tractor will roll if it's already on a slope.
Maybe the sales of ATVs and license fees need to include a fee to repair the damage they cause. Lawmakers need to come to a decision on this increasing problem.

Sandra wrote on Jul 4, 2009 11:56 AM:
*************
MP wrote on Apr 19, 2009 11:13 PM:
" This state does not have much to offer. This is the state with the least public land in the US. Which is the biggest hold back to economic growth. Farmers own the whole state. And when the do sell land, they act like its gold plated. There is alot of revenue to be made from atv recreation. West Virginia has the second largest ATV trail system in the world. They charge $46.00 for out of state registration for one year of trail use. They sold nearly 30,000 out of state passes for 2008. No telling what the users spent in the local economy. Minnesota has an outstanding trail system also.
Anyway, how dare someone use the only state land in North Dakota that is available for this sport. I didnt know ditches where a valuable commodity. Except in North Dakota where there is no public land. Ironic is'nt it? " "
juston wrote on May 27, 2009 8:56 PM:
MP wrote on Apr 19, 2009 11:13 PM:
Anyway, how dare someone use the only state land in North Dakota that is available for this sport. I didnt know ditches where a valuable commodity. Except in North Dakota where there is no public land. Ironic is'nt it? "
atver atv owner wrote on May 11, 2008 9:12 PM:
recreational fun wrote on Apr 17, 2008 4:20 PM:
Unbelievable wrote on Apr 15, 2008 10:58 PM:
Burleigh Resident wrote on Apr 15, 2008 9:39 PM:
Mom too wrote on Apr 15, 2008 4:32 PM:
Been There wrote on Apr 15, 2008 2:15 PM:
Does it seem fair that the property owner should have no control over who rides in what way on their own property but they bear the risk of considerable liability should an accident occur? That seems unfair to me. "
ATV Mom wrote on Apr 15, 2008 1:56 PM:
Not that it's any of your business but it's a fairly new development and we were the first owners of our land and probably the 4th one to move in out there and can assure you these kids were not out there from day 1 and have moved in within the last acouple of years. It's not the noise we mind because as I said before we have 2 four wheelers of our own, a tractor, and farmers with their tractor and equipment are 2 of our neighbors, so as you can see you can continue to scrap for excuses but that is simply not the case and their actions are completely UNCALLED FOR!!! "
Mom wrote on Apr 15, 2008 1:24 PM:
JustMe wrote on Apr 15, 2008 12:57 PM:
Finally, if you live out of town, you cannot honestly tell me that you didn't expect the ditches to have recreational activity in them. It is legal for them to ride there, and they should not have to bend becuase a new owner moves in and all of a sudden they say it is disruptive. You would say the same thing to people who move next to a train track and complain about whistles, those who live by major roads and complain about road noise, those who live by the airport and complain about airplanes, the list goes on, and ditch complaints fall under this too. "
ATV Mom wrote on Apr 15, 2008 12:11 PM:
Been There wrote on Apr 15, 2008 11:18 AM:
Yes, I ride. On my own property. "
ATV Mom wrote on Apr 15, 2008 10:57 AM:
JustMe wrote on Apr 15, 2008 10:11 AM:
Sheriffs are a Joke! wrote on Apr 15, 2008 10:05 AM:
Maybe if you called Burleigh County to complain?? Or the commissioners? Or--better yet--some simple chicken wire walls across the ditches--just temporary, and you can take them down when mowing? If I were a kid, it would sure bug me coming across that in a ditch while riding! "
ATV Mom wrote on Apr 15, 2008 8:57 AM:
Checking wrote on Apr 14, 2008 10:31 PM:
I'M Feeling wrote on Apr 14, 2008 10:05 PM:
ATV mom wrote on Apr 14, 2008 12:00 PM:
kids first wrote on Apr 14, 2008 10:30 AM:
Chilly Willy wrote on Apr 14, 2008 8:51 AM:
North Dakota needs to move into current times and organize this sport around safety first or it will become obsolete. From what I've seen, the parts of the country that have the best rider safety and responsibility progarams also have the best trail systems. Something to think about. "
Help ME OUT wrote on Apr 14, 2008 7:25 AM:
Other States wrote on Apr 14, 2008 7:18 AM:
There is also the rising price of gasoline. Many ATV riders would like the chance to save some money when driving across town and an ATV is usually more fuel efficient than a car.
Could laws be modified to require riders to have a motorcycle licence and ride on the road and not in the ditchs? Would that solve any problems and help public safety and the environment? "
expositor wrote on Apr 14, 2008 1:58 AM:
safety wrote on Apr 13, 2008 10:42 PM:
HONKEY DONKEY wrote on Apr 13, 2008 9:30 PM:
JustMe wrote on Apr 13, 2008 4:31 PM:
Beesh wrote on Apr 13, 2008 4:30 PM:
Those ruts are put there by the deer, buffalo and wild horsed. We need to get rid of them all before they make even one more rut!!!! "
People are Funny wrote on Apr 13, 2008 2:51 PM:
Sunday Driver wrote on Apr 13, 2008 12:12 PM:
For anyone interested wrote on Apr 13, 2008 11:12 AM:
http://www.legis.nd.gov/cencode/t39c29.pdf "
To ATV owner wrote on Apr 13, 2008 10:05 AM:
Sunny Day wrote on Apr 13, 2008 9:15 AM:
Bob wrote on Apr 13, 2008 8:51 AM:
ATV's are know in emergency rooms as "another trauma victim" but as long as the owner operator assumeds all responsibility including health care and long term nursing home care if/when it becomes necessary, and agrees to NOT sue me if they pile up on my property that they are tearing up, then that's their decision! "
ATV owner wrote on Apr 13, 2008 8:34 AM:
Does it even matter wrote on Apr 12, 2008 11:41 PM:
Outta Here wrote on Apr 12, 2008 11:17 PM:
grass protector wrote on Apr 12, 2008 7:04 PM:
"
Live by 1804 wrote on Apr 12, 2008 5:42 PM:
Ace wrote on Apr 12, 2008 5:32 PM:
FARMER wrote on Apr 12, 2008 4:42 PM:
HORRIFIED wrote on Apr 12, 2008 2:34 PM:
toll booth wrote on Apr 12, 2008 10:24 AM:
"
1804 wrote on Apr 12, 2008 10:23 AM:
honkey donky wrote on Apr 12, 2008 9:10 AM:
honky donky wrote on Apr 12, 2008 7:35 AM:
gaf(game and fish)laws! But also they encourge common sense,respect people, respect property,and don't damage any thing the doesn't belong to you! They don't have any laws in place for people to run up and down the lake with just a motor and prop and NO BOAT! Laws are only put in place because people don't have common sense, not to destroy other people's property! So when sense less people help to change this law, they can call the BOYS in BLUE and tell them you feel violated because you can't destroy any more people's property! The next time you sense less people are out tearing up grass, and ruting up ditches,i hope you know you are helping to change the law! Also donkeys are approved by the DOT in all lower 48 no helmet required. FREE FERTILIZER to help fix what you have damaged "
Clear Skies wrote on Apr 12, 2008 6:52 AM:
ATV's are fine and fun but abusing the privelage and disregard for others has a predictable outcome. I think we're seeing it. Please ride right and preserve the sport! Build good relationships and we'll see more riding areas. "
Just Curious wrote on Apr 11, 2008 10:50 PM:
You think it's perfectly okey dokey to ride in other peoples yards, why not yours?
Or if you like, I suppose I could just borrow an atv from a friend and zip around your place. "
mandan wrote on Apr 11, 2008 6:35 PM:
Live by 1804 wrote on Apr 11, 2008 5:23 PM:
JustMe wrote on Apr 11, 2008 2:43 PM:
And yes, Just Curious, if you are willing to drive on my lawn, I'll be sure to have the boys in blue ready for your tresspassing violation, your destruction of property, reckless endangerment and exhibition driving tickets ready. As you see, if I went out and bought an ATV I can ride it legally in your ditch, I would love for you to explain to the law your reasoning for driving in a front yard, give me a time so I can arrange for both parties to be there! "
Living by 1804 wrote on Apr 11, 2008 1:51 PM:
Daryl wrote on Apr 11, 2008 10:47 AM:
Just Hoping wrote on Apr 11, 2008 9:42 AM:
Deb wrote on Apr 11, 2008 9:22 AM:
Just Curious wrote on Apr 11, 2008 8:21 AM:
I need a place in someone's front yard to run my Ford.
Hey, I don't even run straight pipes, so you and your Mrs. should be able to sleep as I joy ride around your yard.
Wish I could say the same about my 6 month and 2 yr olds when the JA's on ATVs and motorbikes are tearing around in front of my house. "
Can't Believe wrote on Apr 11, 2008 7:23 AM:
People are Funny wrote on Apr 11, 2008 6:26 AM:
to Job: I've seen and enjoyed some of the trails you mention in Mn., Wisconsin and elsewhere. Those are nicely defined and largely well-controlled trail systems. Beautiful country. It would be great to have trail systems like they do in other states. As well as the rider programs. I notice the laws in those states about who, how and where you can ride are strictly enforced, too. It's a well organized sport in those areas; not so much a free-for-all. Lot's of fun! "
Job wrote on Apr 10, 2008 10:39 PM:
then you will find anyware. SO GET OUT AND HAVE FUN,,,,peace out,,, "
???? wrote on Apr 10, 2008 4:50 PM:
Live by 1804 wrote on Apr 10, 2008 4:24 PM:
k8 wrote on Apr 10, 2008 2:16 PM:
brad wrote on Apr 10, 2008 2:00 PM:
seven gone wrote on Apr 10, 2008 12:11 PM:
not that cars are driven correctly, or responsibly, because they often aren't. but they're also regulated - though whether regulations are enforced is of course quite another thing entirely. but there are essentially no regulations on atv's, which is part of the reason why people irresponsibly destroy lands trails parks wildlife and fences -- and no age limit, and i can personally vouch as an m.d. for hellacious injuries i've seen to include a near decapitation on a barbed wire fence of a ten year old supposedly supervised by a responsible adult. and adults, well, responsibility is quite often another thing entirely (and the law won't usually touch the jumpers, the speeders, the drinkers, etc) as long as they stay on their own property. but they sure like to cry about their injuries when they get them. "
Just Curious wrote on Apr 10, 2008 10:51 AM:
The opener on my last comment is for BC, not Just Me.
"
JustMe wrote on Apr 10, 2008 10:50 AM:
Just Curious wrote on Apr 10, 2008 8:36 AM:
I have never said that the easements don't currently provide the state with the right of travel. My only beef with Just Me was his/her saying it wasn't private property. It is private property with an easement for the construction of a roadway and right of travel.
However, when 99% of these easements were put into place oh so many years ago, it was illegal to drive anywhere off the shoulder of the road. The state renegged on the original intent of the easements by changing the law and giving people the right to joyride in our yards and create damage that we are often responsible for repairing.
Just Me, Seriously, put your name, address, and permission to drive my vehicles in your front yard. I can prove you wrong. Can you prove me wrong? "
Land Guy wrote on Apr 10, 2008 6:33 AM:
agree with the writer wrote on Apr 10, 2008 5:13 AM:
JustMe wrote on Apr 9, 2008 11:52 PM:
A agree, if you want to say that ATV's cause so many accidents, tell me how many people die in car accidents a year. Can you honestly say you see more injuries from ATV's than you do cars? "
Irritated wrote on Apr 9, 2008 11:41 PM:
Safety wrote on Apr 9, 2008 11:04 PM:
Traveler wrote on Apr 9, 2008 8:59 PM:
Ignorance wrote on Apr 9, 2008 6:56 PM:
To those who say too many people are killed on ATV's, last I checked, way more people die in automobiles than ATV's. Maybe we should ban automobiles. But I guess that would never happen because it would affect the ignorant and uneducated people. "
Just Curious wrote on Apr 9, 2008 6:19 PM:
Unless you care to show me where on this thread I wrote that "snowmobilers and atv riders are not as smart as....". "
Selzler wrote on Apr 9, 2008 6:04 PM:
starr wrote on Apr 9, 2008 5:36 PM:
as a certified land abstractor in ND & MN, your easement dose give you ownership, but when said easement is put in place you or the prior owner where compensated for said easement. When the county, city or state places an easement on your property (electrical, derange, or mechanical…etc.) you are no longer able to make changes in any way to or over said easement. If you place or cause physical harm to the land over the easement or people that use said easement as public right of way you are liable for and damages or injuries that may accrue on said easement.
"
Just Curious wrote on Apr 9, 2008 4:56 PM:
I too suggest you take another look. Specifically, try looking by the ditches near Waste Management.
Then look and see if you can find the buried culvert on the north side of 1804 where N. Washington Street crosses. That culvert was buried primarily by the erosion of the tracks going to the west. "
Just Curious wrote on Apr 9, 2008 4:53 PM:
It's called an easement. Look it up, I'm sure Websters Dictionary would be happy to explain what one of them is to you! "
Redneck wrote on Apr 9, 2008 4:46 PM:
JustMe wrote on Apr 9, 2008 4:23 PM:
I also don't support your plan to ammend a law to allow you to drive through my front yard, I see a big problem. Since you wanna make things two sided, "my kind" beleive that none of "your kind" ever take your SUV's or big trucks off road, sand on the roads during the winter does not count, and that you are only compensating for something else... "
BC wrote on Apr 9, 2008 3:52 PM:
I suggest you get the plat updated then...
It is called a "public right of way"...otherwise I would REALLY like to get your addy...then I can drive down your road...suffer some sort of problem and name YOU as the party at fault in the lawsuit... "
Live by 1804 wrote on Apr 9, 2008 2:25 PM:
Tom wrote on Apr 9, 2008 1:35 PM:
Just Curious wrote on Apr 9, 2008 1:15 PM:
The plat map showing my property boundaries, setback, and easements clearly show I own to the centerline of the county road in front of my house.
And no, I don't need to show you the "proof" this is information that is commonly available if you look at any plat map for any county. "
just Curious wrote on Apr 9, 2008 1:13 PM:
Let there be no mistaking it, Highway 1804 from it's junction with Highway 83 by the Burnt Creek Club heading west to about even with Hawktree Golf Course has already had ruts filled at least once in the past couple years. I am quite sure that this year will see significant rutting and erosion again, if we ever get any rain.
What did it cost the taxpayers? Not sure, but I bet it wasn't cheap. Maybe $30k. There are also private roads and approaches on this stretch. The damage to them is their responsibility to fix and maintain. Just doesn't seem right that the state would give someone permission to damage another's property.
Maybe the law should be amended to allow us who drive SUV's and pickups the right to drive through the front yard of ATV owners to make things a little more equal.
Not sure when the philosophy of it being the state's responsibility to provide access to private land for joy riding. Really not sure how long it will last either.
BTW, ownership of the ditch is dependent upon the particular road. The U.S. govt owns the ditches along the interstates, hence no access to ride in them with ATVs. County road ditches are almost always owned by the adjacent landowners, state roadways I think are a mix of the two. "
BC wrote on Apr 9, 2008 10:22 AM:
I could not believe I just read your comment.... I would LOVE to see your "proof" to back up your allegation!
The ditches are NOT private property. They are PUBLIC right of ways and the state code in both MN and ND state that it is legal to ride in the ditch from the centerline to the top of the outside upslope or edge of the right of way. Please reference the links below...
http://files.dnr.state.mn.us/rlp/regulations/ohv/ohv_regs.pdf
http://www.ndparks.com/recreation/ohv/index.html#riding
As for the people who choose not to wear the proper PPE, i.e. helmets, boots etc... As crass as it may sound...Darwins law will take care of them. "
Redneck wrote on Apr 9, 2008 9:37 AM:
pa to Kids an ATV'r wrote on Apr 9, 2008 8:31 AM:
my goodness wrote on Apr 9, 2008 8:02 AM:
OMG! wrote on Apr 9, 2008 7:55 AM:
Eagle Eye wrote on Apr 9, 2008 6:38 AM:
seven gone wrote on Apr 9, 2008 1:57 AM:
these things should've been banned a long long time ago. a few damaged trails are bad, but pale in comparison to the human destruction and suffering created by these things. "
John wrote on Apr 8, 2008 10:29 PM:
Give me a break, is this all you have to worry about.
Thats the legal place to ride, has been for years, get over it "
???? wrote on Apr 8, 2008 7:46 PM:
Nick wrote on Apr 8, 2008 7:00 PM:
Part of the problem is that people violate the law by driving on the ditch slopes. Part of it is people just plain being destructive like the people who goose their atv's to make the grass and dirt fly; especially if they think they have an audience. Part of it is the fragility of the ditches especially in wet times like spring. And we could use some more riding trails around here, too.
A little care will go along way and not ruin it for others who are careful. Golden Rule, etc. "
Beesh wrote on Apr 8, 2008 6:22 PM:
Compared by ratio, a horse hoof will dig about 1inch into the trail as compared to a tire at the very most will cutting in about 1/4 inch. Multiply that cutting hoof over a summer and the horse path will get cut down about 5 inches. Just go on a trail ride in Medora once. The trails they lay in the spring will be a good 5 inches deep by the end of the season.
"
Landowner wrote on Apr 8, 2008 5:28 PM:
Simle Mom2 wrote on Apr 8, 2008 4:42 PM:
(and the comment on the horse hoofprints causing deeper ruts than anything else?? How big of a horse WAS that, anywho?! Our horses don't leave potentially deadly ruts, I bet that horse was being fed McNuggets & playing video games too....hmmmm.....) "
Starr wrote on Apr 8, 2008 4:24 PM:
I have friends that spend thousands of dollars a year to take there family out of ND to MN, South Dakota, Idaho for a week of ATV riding with their family. Now won’t it be nice to have some of that money stay in ND. Just think ATVing in the Badlands now that has a good ring to it. On average people traveling with their ATV’s will spend $100 dollars per day, from fuel, food and logging. Just to go out for the weekend and have a family activity that everyone can join in on.
"
Kids an ATV'r to pa wrote on Apr 8, 2008 3:15 PM:
Trial Guy wrote on Apr 8, 2008 2:39 PM:
pa wrote on Apr 8, 2008 2:10 PM:
JustMe wrote on Apr 8, 2008 1:56 PM:
You better be riding bike everywhere you go, or better yet walking, as bikes also leave a foot print. Anything you use that has a combustible engine falls under your strict rules of what is considered, so no more cutting your lawn, driving to work, etc, as these are also just toys.
ATV's have a specific use and purpose behind them, it is the opperator that is using them who is at fault for everything you see, both good or bad.
Please post your phone number for all us who use ATV's for work so when you get them "banned" in ND we have you to do our work. "
Beesh wrote on Apr 8, 2008 11:43 AM:
Oh by the way, the deepest ruts I have ever come across were the ones made by eco-friendly transportation...horses. "
Kids an ATV'r wrote on Apr 8, 2008 11:41 AM:
John wrote on Apr 8, 2008 11:40 AM:
You need to get a life 4 wheelers are good for a few things I am 65 years old I used to use horses for chasing cattle now days it is easier getting on and go with the 4 wheeler it's not the atvs fault people die on them it is the person handling the atv that is in fault. "
REX wrote on Apr 8, 2008 11:26 AM:
Environmental Disaster! wrote on Apr 8, 2008 11:08 AM:
BC wrote on Apr 8, 2008 10:31 AM:
I travel from the eastern part of the state to ride in the Kimball bottoms. I have NEVER seen an ORV user leaving garbage laying around. However I have on NUMEROUS occasions seen boats land, leave bottles, garbage (even clothes) on the beach. EVERY time I have been at the bottoms, I bring home at LEAST two garbage bags home full of other people trash. The other large issue that comes to light is the fact that the Kimball bottoms are indeed an ORV area...not a public beach and it plainly states at the entrance that no glass bottles are allowed and that it is an ORV area. There are any number of areas along the river people can go and enjoy the river without complaining about ORV usage, then they can leave all their garbage at those areas.
Also, I would hope that a operator of a ditch mowing tractor has better sense then to just let his vehicle roll. I have mowed ditches for decades and the biggest danger/obstacle is the culverts...not ruts that are fully visable to someone with even the worst vision. "
Brady wrote on Apr 8, 2008 10:25 AM:
NDr wrote on Apr 8, 2008 10:19 AM:
To facts wrote on Apr 8, 2008 10:04 AM:
JustMe wrote on Apr 8, 2008 9:04 AM:
Facts wrote on Apr 8, 2008 8:13 AM:
ATVR wrote on Apr 8, 2008 8:13 AM:
inconsidrate wrote on Apr 8, 2008 7:45 AM:
Traveler wrote on Apr 8, 2008 6:55 AM:
Most of the problems I see are caused by riders who aren't obeying the law and who are inconsiderate of the property of others. Since when did destruction equal fun? Parents seem to turn a blind eye to what their kids are doing down the road, as long as it isn't in front of their own house. Unfortunately, it's gotten to the point where law enforcement and the county are needing to step in. That shouldn't be necessary.
And how about some more good rider education on the part of the dealers and clubs? Everyone calls out for more riding area (which I strongly support) as if it was a right. When I lived in the western states, they had learned that access and trails naturally followed in the tracks of safe riding and respect for property. Show the public that safe, fun and respectful riding is what we have to offer and we'll get their support.
Yes, I ride off-road. "
mh wrote on Apr 8, 2008 6:53 AM:
laws wrote on Apr 8, 2008 6:26 AM:
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