A state engineer's request to close vehicular access to "Christmas Tree Island" from the old Burnt Boat Landing is receiving little support from the Burleigh County Park Board.

The issue appears to put the state engineer's office at odds with North Dakota Parks and Recreation, as well as those off-road enthusiasts who are finding it more and more difficult to find appropriate riding areas.

Engineer Dale Frink's letter asks Burleigh to make the entrance at the landing too narrow to allow off-road vehicles to pass and remove the sign stating only vehicles less than 52 inches can have access beyond that point.

Christmas Tree Island, as it is referred to, is considered "sovereign land" and the Century Code makes it the responsibility of the state engineer "to manage the lands for the good of the public." Sovereign lands are those areas below the ordinary high water mark on navigable lakes and streams, including the beds and islands.

John Paczkowski, head of the State Water Commission's regulatory section, said that administrative rules (NDCC section 89-10-01-13) prohibit vehicular access to sovereign lands, with the only exception the "Desert" south of Bismarck. This led to the state engineer's request to take down the sign that was put up by Burleigh and to limit access to people on foot.

Park board member Dwayne Wahl defended the use of the area by ATVs and dirt bikers. He pointed out the entrance does keep out the large jeeps and pickups, which were a problem in the past.

"All they're doing is riding paths in the sandbar and they aren't bothering anybody," Wahl said. "When I sell a four-wheeler, I have to charge a $5 fee, which goes to the state for developing trails. But the money isn't being used to enhance these opportunities; in this case, it's being used to ban them. Why would Honda or any of the shops that sell ATVs bother, if their clientele don't have areas to ride them?"

Wahl said there are those "bad eggs" who are out riding at 2 a.m. and are doing some littering. He has talked to the president of the state's Dirt Rider Association, and that organization is willing to police and clean up the area.

Burleigh County commissioner and park board member Doug Schonert said by managing the area in this manner, the state engineer is actually "passing the buck" to the county.

"I agree with Mr. Wahl," county commissioner Jim Peluso said. "It's not our fight, but they're asking us to do something for them."

Daryl Brandner, president of the Dirt Riders Association, told the park board the organization does not want to see Christmas Tree Island closed.

"There are so few areas. If you close this area, there will be more congestion and problems elsewhere," Brandner said. "I'd like to see Burleigh take over management of this area, and propose that the North Dakota Dirt Riders clean up and provide enforcement. For the most part, ATV riders don't create a lot of mess. Mostly it comes from fishermen and those partying. We'd like to work with county parks and make this a successful area."

Commission chair Jerry Woodcox said Burleigh has held discussions with the state engineer about management, but the state wouldn't relinquish control.

"We were turned down flat," commissioner Marlan Haakenson recalled. "Now they're asking us to do the policing for them and shut it down. Who's going to do it? They're asking us to cable it off on the south side. Well, the north side will need the same cable. It's not our fight; they should arrange for the policing and take care of it themselves."

Frink said the state didn't turn down the county, and after meeting with Burleigh representatives back in 2005, the county never made a request to take over management. The state is still willing to discuss Burleigh managing the area in question and possibly providing a permit to allow off-road vehicles.

Paczkowski added that for another entity to manage a sovereign land, it must be a government agency. Frink said that putting up the additional fencing to keep vehicles out wouldn't be a problem for the state and is relatively inexpensive. He did ask that the county take down the sign.

John Vallely, who owns Vallely Sport & Marine, went on record, along with his 30 employees, in support of Wahl and keeping the area open to ATV riders.

"I'd like to see support from the commissioners to develop more areas to ride. The business has grown immensely over the past few years. But if people don't have places to ride, the problems we have now will become magnified."

North Dakota Parks and Recreation's Erik Dietrich confirmed the number of registered off-highway vehicles is skyrocketing, and closing riding areas is not an avenue his agency supports.

Peluso suggested that state Parks and Recreation is a better organization to take over management than the county. But Dietrich said Parks and Recreation resources are thinly spread across the state and the agency isn't in a position to do so.

Wahl asked if the Burleigh sheriff's office could provide enforcement at Christmas Tree Island.

"It's hard for us to enforce a lot of the incidents that occur there," said Sheriff Pat Heinert. "We have one four-wheeler, otherwise we would have to go in on foot and that makes it difficult to do anything. We don't want to get to the point where we have to lock a gate at a certain time. That doesn't work."

The commission did approve a motion to write a letter to the state engineer indicating if the access is to be closed, it will have to be at the state's expense. The letter also will indicate the county may be willing to manage the area.

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