Powell Escalante Ranger Dist. Off-highway Road Closures in Developed Campgrounds (Order 0407-21-13)

Associated Documents

Forest Order

UNITED STATES DEPARTMENT OF AGRICULTURE 
U.S. FOREST SERVICE 
DIXIE NATIONAL FOREST
ESCALANTE and POWELL RANGER DISTRICTS 
OFF HIGHWAY VEHICLE ROAD RESTRICTIONS WITHIN DEVELOPED CAMPGROUNDS 

PROHIBITIONS: 

Pursuant to 36 CFR 261.50(b), the following act is prohibited on the National Forest System roads within certain developed campgrounds and recreation areas in the Escalante and Powell Ranger Districts of the Dixie National Forest described on Attachment 1 and shown on Exhibits A-D (the “Restricted Roads”): 

1. Using any off-highway vehicle (OHV), except for street legal OHVs and over snow vehicles when there is at least six inches of snow, on the Restricted Roads in violation of posted instructions. 36 CFR 261.54(a) 

DEFINITIONS: 

"Off-highway vehicle (OHV)" is defined as any motor vehicle designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain. 36 CFR 212.1. OHV includes any all-terrain type I vehicle, all-terrain type II vehicle, all-terrain type III vehicle, or motorcycle, as those terms are defined in Utah Code Ann. § 41-22-2: 

1. "All-terrain type I vehicle" means any motor vehicle 52 inches or less in width, having an unladen dry weight of 1,500 pounds or less, traveling on three or more low pressure tires, having a seat designed to be straddled by the operator, and designed for or capable of travel over unimproved terrain. 

2. "All-terrain type II vehicle" means any motor vehicle 80 inches or less in width, traveling on four or more low pressure tires, having a steering wheel, non-straddle seating, a rollover protection system, and designed for or capable of travel over unimproved terrain, and is: (a) an electric-powered vehicle; or (b) a vehicle powered by an internal combustion engine and has an unladen dry weight of 2,500 pounds or less. 

3. "All-terrain type III vehicle" means any other motor vehicle, not defined in Utah Code Ann. § 41-22-2 (2), (3), (12), or (22), designed for or capable of travel over unimproved terrain. It does not include golf carts, any vehicle designed to carry a person with a disability, any vehicle not specifically designed for recreational use, or farm tractors as defined in Utah Code Ann. § 41-1a-102. 

4. “Motorcycle” means every motor vehicle having a saddle for the use of the operator and designed to travel on not more than two tires. “Street legal OHV” is defined as an OHV that is modified to meet the requirements of Utah Code Ann. § 41-6a-1509 to operate on highways in the state in accordance with Utah Code Ann. § 41-6a-1509.  “Over-snow vehicle” is defined as a motor vehicle that is designed for use over snow and that runs on a track or tracks and/or a ski or skis, while in use over snow.

EXEMPTIONS:

Pursuant to 36 CFR 261.50(e), the following persons are exempt from this Order: 

1. Persons with a special use authorization or other Forest Service authorization specifically exempting them from the effect of this Order. 

2. Any Federal, State, or local officer; or member of an organized rescue or fire fighting force in the performance of an official duty. 

3. Federal or State administrative personnel in the performance of an official duty. PURPOSE: The purpose of this Order is to reduce traffic, dust, and noise in portions of developed campgrounds, while permitting certain types of OHV use that do not contribute to these issues where appropriate and ingress and egress where necessary. 

IMPLEMENTATION: 

1. This Order will be in effect on May 15, 2021 and shall remain in effect until May 15, 2026 or until rescinded, whichever occurs first. 

2. The prohibitions in this Order apply to the Restricted Roads or portions of the Restricted Roads posted with signs stating, “Closed to OHVs” or “OHV ingress/egress only”. 

3. The prohibitions in this Order will be made part of the Motor Vehicle Use Map (MVUM). 

4. Attachment 1 and Exhibits A-D are part of this Order. 

5. Violation of the above prohibition is punishable by a fine of not more than $5,000 for an individual, or $10,000 for an organization, and/or imprisonment for not more than six months. [16 USC § 551, 18 USC §§ 3559, 3571, 3581] 

6. Further information regarding this Order may be obtained at: the Escalante Ranger District office located in Escalante, Utah, (435) 826-5400; the Powell Ranger District office located in Panguitch, Utah, (435) 676-9300; and the Dixie National Forest Supervisor’s Office in Cedar City, Utah, (435) 865-3700. 

7. This Order supersedes any previous order(s) prohibiting the same or similar acts in the areas covered by this Order. 

Done at Cedar City, Utah this 13 day of May , 2021.

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