Complaints arising from ATV use of a stretch of land running along the Missouri River south from the Burnt Creek boat landing nearly to the Grant Marsh Bridge have Burleigh County officials looking at ways to manage the property.

On Monday, a meeting to gather public comment will be held at Tom Baker Meeting Room in the City/County Building, beginning at 7 p.m. Burleigh County Commissioner Claus Lembke and county park board member Reinhold Kellar have been spearheading the effort to find a means to control public use of the property, much of which is considered sovereign and under control of the State Water Commission.

Lembke estimates the area as nearly 3 miles long, comprising anywhere from 900 to 1,000 acres. It's become popular with ATV enthusiasts as its rugged terrain and wide open spaces are ideal for four-wheelers, three-wheelers and motocross bikes. But it also is adjacent to a growing residential area, and homeowners have been complaining about the constant whine of engines throughout the day until late in the evening.

At the May meeting of the Burleigh County Commission, Cheryl Underhill, who lives near the Burnt Boat landing, described the ATV activity:

"There are several aspects that are getting more and more concerning," she said. "There's the problem with the noise that's like a chainsaw that runs for hours and hours on end. We can't use the yard or the deck because you can't hear yourself.

"Then there's safety," Underhill added. "The purpose of these vehicles is to push the limits. We see mostly teens, jumping dunes 20 to 30 feet from boaters. There's a continuous parade of four wheelers and dirt bikes. Look at that area, there's no way to get emergency response out to get them if there's an accident, which is inevitable."

It's the overwhelming number of complaints that have spurred Lembke and Kellar to hunt for some answers.

While the county does control some of the property, Kellar said, the great majority lies between the river and the high water mark and is considered sovereign, coming under the jurisdiction of the State Water Commission.

"Most of the area considered sovereign is sandbar," the water commission's Lee Klapprodt explained. "This is land set aside at statehood that is below the ordinary high water mark of a navigable body of water retained by the state."

Klapprodt said Burleigh County is interested in leasing the land from the state, but pointed out that people have access to it now. And it is within the jurisdiction of the sheriff to enforce ordinances whether the property is leased or not.

Lembke doesn't want to go into the meeting with any predetermined ideas on what should be done with the property.

"You have to go in with an open mind, otherwise I've found that someone has to work pretty hard to change your mind," Lembke said. "I want to come up with something we can all live with. Something that allows cohabitation of the ATVs, boaters and hikers. I've even heard some hunting goes on out there."

One answer could be to limit the ATVs to a certain area, away from the people living in the area. "There's a lot of land to work with. There has to be an area where the four-wheelers and dirt bikes can go freewheeling. Perhaps further south," Lembke said.

Lembke has talked to representatives of North Dakota Parks and Recreation about the situation. They told him they have similar concerns with Pembina Gorge in the northeast corner of the state.

"Parks and Recreation expressed a willingness to help us get this off the ground," Lembke said. "Maybe they have the experience and knowledge they'd be willing to share with us."

(Reach reporter Gordon Weixel at 250-8255 or gordon.weixel@bismarcktribune.com.)