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Home | Politically Connected | State Politics

More teeth in penalties for ATVers who trash wetlands

Photo courtesy of DNR

An ATV stuck in a wetland off the Pine Center Trail in Pine Center, Minn. Reckless destruction of wetlands is now a gross misdemeanor.

By DAVID SHAFFER, Star Tribune

Last update: May 22, 2009 - 11:05 PM

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To see the Star Tribune special report, "Renegade Riders," including video of destructive riding, go to startribune.com/atv.

All-terrain-vehicle riders who destroy wetlands in Minnesota face tougher criminal penalties, a year-long ban on riding and, if caught a second time, seizure and forfeiture of their vehicles under a measure signed into law Friday by Gov. Tim Pawlenty.

Jim Konrad, the state Department of Natural Resources enforcement director, said conservation officers probably will seize only a few ATVs each year but hopes the enhanced penalties will deter the worst offenders.

The law, which takes effect Aug. 1, makes reckless destruction of wetlands a gross misdemeanor, which carries penalties of up to a year in jail and a maximum fine of $3,000. That offense now is a misdemeanor.

Anyone convicted of wetland violations or illegal riding in rivers, lakes, state parks or state natural areas will be barred from operating an ATV for a year under the new law.

Conservation officers who catch a reckless ATV rider in a wetland a second time will have authority to seize the vehicle immediately and begin forfeiture in court.

"A few hundred dollars out of your pocket isn't a big deal, but if you have got a $6,000 or $,7000 ATV, it is very much like a drunk driver losing their car," Konrad said. "And we know for sure they will be out of business at least until they get another ATV."

Last September, the Star Tribune reported in a three-part series, "Renegade Riders," that those caught trashing the environment usually face small fines, seldom pay restitution and never lose driving privileges.

Some riders interviewed for the series said they didn't think that riding in wetlands and rivers was wrong.

In the report, the newspaper found widespread ATV damage to public lands despite laws passed earlier in the decade to crack down on the problem. Though most riders who damage land get away, DNR enforcement records showed that each year 52 riders, on average, have been caught in waters or wetlands. When mapping trails in state forests, top DNR officials ignored agency experts who recommended closing trails that dead-end at wetlands.

Broad support

The measure signed Friday had the backing of the All-Terrain Vehicle Association of Minnesota, which lobbies on behalf of riders, and environmental groups led by Audubon Minnesota.

The sponsor of the measure, Sen. Satveer Chaudhary, DFL-Fridley, chairman of the Senate Environment and Natural Resources Committee, said it was the first time in his memory that rider groups, environmentalists and the DNR supported the same proposal.

"It seemed to me we needed to start making the message loud and clear to the worst of the worst riders, particularly those who are giving the sport a bad name, that their behavior would not be tolerated," he said.

Chaudhary said the seizure law is meant for people like the two-time wetland offender in the newspaper series who insisted that destructive riding "isn't hurting anything."

Offenders usually long gone

The DNR has estimated that it will seize one to three ATVs a year. One reason for the small number is that conservation officers seldom catch wetland riders in the act. Usually, officers discover the muddy damage only after it has happened, and the offenders are long gone. Catching someone twice will be rare, Konrad said.

Even so, Chaudhary said, "it will take only a few for the word to get out real quick."

The ATV penalties are part of a larger bill (HF1237) dealing with matters related to the DNR, parks and other areas.

David Shaffer • 612-673-7090

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