Managing your forest land – Landowners Top-10 Frequently Asked Questions
US Forest Service, State and Private Forestry – Northeastern Area
Forest Stewardship Program

6.  How can I avoid problems with ATVs on my land?

Many forest owners themselves have an ATV , and they or their family members use it for recreation.  On the positive side of this issue, recognize the ATV as a useful forest management tool that can be shared with a neighboring forest owner who doesn’t have one.  An ATV can help with management practices, such as a stand improvement cut (FAQ 4) for firewood. 

How do I begin to address ATV problems?
Dealing with ATV users can be complicated and onerous.  A good starting point is to get to know all your neighbors, and to let them get to know you.  By simply knowing your neighbors you may eliminate or greatly reduce ATV activity on your property.  Explain why you own your land and discuss activities that are inconsistent with your objectives.  For example, your primary reasons for owning forest land may be to enjoy the privacy it affords and to protect the natural resources; or you may have invested in efforts to reforest (FAQ 2) or to stabilize soils that would be harmed by uncontrolled access.  Explain that intrusion by ATVs conflicts with these and other values.  Learn about your neighbors’ interests.  If they own ATVs, ask where they ride.  Find out if they use public ATV areas, if any are available.  State governments are coming under increasing pressure to provide access to public lands where ATV users can recreate.  Be prepared to discuss your views of ATV use on your property.  If you trust your neighbors, consider letting them hunt or have restricted ATV use on your property, in exchange for their help in preventing others from using ATVs on your property.

How can I deal with trespassers?
Sometimes, you will not know your neighbors or they will not be the people operating ATVs on your property.  There are some legal steps and some preventative steps you can take.  On the legal side, consult with your state forestry agency to learn how to legally post your property.  In some states, posting will allow you to take immediate legal action against trespassers if you catch them.  Your state forestry agency or Cooperative Extension might have information on your liability for invited and uninvited recreational users.  With a knowledge of liability, talk with your insurance agent about the extent of your coverage.  Some state conservation agencies have law enforcement officers in ATV squads to aid in apprehension of ATV trespassers.  The unfortunate reality, however, is the potential for retribution if you press charges, especially if you are an absentee property owner.  Also, you might have to appear in court to testify against the accused.  Discuss these and other questions you have with the law enforcement officers when you are deciding how to handle ATV trespass problems.

What can I do to keep ATV users off my property?
If you don’t have ATV access onto your property, work to prevent it by maintaining barriers to trails.  Preventative steps warrant special caution because some activities may increase your personal liability.  Before you take any action, check with your local conservation officer for assistance and guidance.  Steps might include closing gates when ATV use is most common, redirecting ATV traffic away from sensitive areas, or creating barriers to access along established routes.  Any effort to create traps or other structures intended to or capable of causing personal injury or equipment damage will make the landowner liable for injuries incurred by the intruder. Don’t do it.  

How can my community address the ATV problem?
If the problem is widespread in your area, you might work with other landowners to develop a community-based solution.  Cooperative Extension has a history of working with community groups to solve problems. One solution might be to contact the local ATV dealers to help create an ATV users club that has access to some areas and patrols other areas to constrain unauthorized use.  Alternatively, the community might work with elected officials to create areas for authorized ATV use on public land or to create new laws that restrict ATV use.

Where can I find more information?

Topic

Recommended Web link

Neighbor relations

 

ATVs and state laws

(Note: Laws for all states vary.  Search for your own state laws.  Examples are provided below.)

Liability issues

 

General ATV usage