Noise level uproar over proposed ORV regulations

YAKIMA, Wash. -- The standing-room-only crowd at Tuesday’s public hearing on Yakima County off-road-vehicle rules spilled into the hallways, shouted from the wings, and gave the county commissioners plenty to think about.

More than 300 people, many in motorcycle gear, packed a room that had only about 200 chairs, to argue the matter. The meeting was held at the Yakima Convention Center because the commissioners knew it would attract a crowd.

Both sides made property-rights arguments. Proponents of expanding off-road-vehicle use argued they ought to be free from enforcement for simply riding dirt bikes on their own land.

“The issue is whether a landowner has a right to make a reasonable use of their own property without having to ask permission to do so from a government agency,” said Mark Watson, president of the Yakima Valley Dust Dodgers Motorcycle and ATV Club.

The Dust Dodgers club, which has about 35 members, started this process last year by asking for new ORV rules.

Opponents argued that they, too, have property rights, including the right not to have to deal with noise and dust from ORV tracks next door.

“We all have property rights,” said Dan Fessler, who owns property in the Gleed area where neighbors use ORVs. “There are a lot of people who live in these zones who enjoy the peace and quiet. … They have a right to use their property, too.”

The issue arose last year when the Dust Dodgers, fed up with county enforcement they considered overbearing, proposed a change in county code.

As it is now, creating any ORV course or facility requires the county’s highest level of planning review and is limited to remote rural areas by county zoning ordinances. Use of an ORV on one’s own property is allowed only if the property is larger than 3 acres and no jumps, tracks or wear patterns are created.

Under the Dust Dodgers’ proposal, ORV courses would be allowed in more areas, including agricultural zones and rural residential zones with lots as small as 2.5 acres. The proposal also would limit ORV riding to between 7 a.m. and 9 p.m., mandate that it be used by the property owner’s family and guests with no commercial use allowed, limit the number of ORVs ridden at a time to five and impose noise restrictions.

Proponents believe that will allow reasonable ORV use, give kids something to do and keep them out of trouble. Steve Agnew of Selah-Naches Road northwest of Selah, whose children use the course he’s built on his property, said it’s the only outdoor fun his nephew from Yakima gets.

“He’s locked up in an apartment in Yakima,” Agnew said. “His fun is coming out to my property and riding.”

ORV riding is a fine activity, said Bob Olsen, an opponent of the expansion, but it has its place. The argument that people should be able to do whatever they please on their own property, however, does not work if they infringe on neighbors’ rights, he said.

“We’ve never had that right,” Olsen said. “In America or anywhere else.”

The meeting format essentially was just a line of people waiting their turn at the microphone. The commissioners — Rand Elliott, Mike Leita and Kevin Bouchey — said little and asked no questions.

Proponents of the expansion went first, followed by opponents. The commissioners did not allow rebuttals. The meeting lasted about 21⁄2 hours.

Though there were plenty of speakers on both sides of the issue, the crowd had a decidedly pro-ORV slant. Commission Chairman Elliott stopped the meeting several times to ask for civil discourse. In one instance, he threatened to end the meeting early when ORV expansion proponents were shouting over an opponent who had the podium.

“I’m not going to say this again,” Elliott said. “If you’re not going to give these speakers the respect they gave you, this meeting is over.”

The commissioners expect it will take weeks before they decide. They heard from dozens of people Tuesday night, on both sides of the issue, and expect to have a study session to mull over the testimony in two weeks or so.

“It was a passionate evening,” e Leita said. “We certainly heard a litany of issues from both sides. It’s obvious it won’t be an easy decision.”

• Pat Muir can be reached at 577-7693, or at pmuir@yakimaherald.com.

Off-road vehicle use permits

• Yakima County

2008: 4,713

2007: 4,547

2006: 4,138

2005: 4,048

2004: 3,943

2003: 3,577

• Washington state

2008: 106,473

2007: 109,690

2006: 104,956

2005: 99,392

2004: 99,236

2003: 88,880