City council proposes local DMV to control OHVs – Sedona Red Rock News

City council proposes local DMV to control OHVs5 min read

A potential city of Sedona ban on off-highway vehicles is back on the table following the Sedona City Council’s April 9 consideration of the Greater Sedona Recreation Collaborative’s recommendations for increased restrictions on OHV use on US Forest Service lands surrounding Sedona — but with a twist.

Although the GSRC report recommended the introduction of a limited permit system to reduce the number of OHVs on public lands, council members took issue with the U.S. Forest Service’s rejection of that recommendation in the frequently asked questions document released with the report, in which USFS staff stated, “A limited-use permit system is a heavy-handed management approach burdensome to both the visitor and the implementing agency. While not off the table in the future, the Forest Service will first prioritize management approaches that are lighter-handed.”

Meetings of the GSRC were closed to both the public and journalists who tried to attend. The Sedona Red Rock News asked to attend the GSRC meetings but was told by Keep Sedona Beautiful President and GSRC representative Craig Swanson that meetings were private.

Acting Red Rock District Ranger Alex Schlueter repeatedly said that this would continue to be the district’s policy during the council meeting when asked for clarification by Mayor Scott Jablow about a permit system.

“No, at this time,” Schlueter said.

Jablow and Councilwoman Jessica Williamson both described themselves as “frustrated” by Schlueter’s approach.

“Broken Arrow is the longest-running problem in the city,” Jablow said.

“A limited permit system on Morgan Road for Broken Arrow. That was our one request,” Vice Mayor Holli Ploog said.

“There was an expectations gap,” Councilman Brian Fultz said, adding that he did not accept that a limited entry permit system “principally for Morgan Road” would be heavy-handed. Councilwoman Kathy Kinsella said that “there was an expectation” that the city would be able to get the Forest Service to agree to implement a permit system “by going through this exercise.”

“I was hoping to hear a little more enthusiasm from the Forest Service,” Councilman Pete Furman said. “The heavy-handed approach is just necessary.”

“It’s just not right,” Williamson said. “Morgan Road objectively needs to be done.”

Councilwoman Melissa Dunn suggested using Morgan Road as a pilot program to phase in the implementation of permit-only OHV access to forest lands throughout the city.

“You want to talk about heavy-handed?” Dunn said to Schlueter. “The city could do some pretty heavy-handed things that will make the Forest Service feel very uncomfortable about the decisions that they’ve made, and we’re about to discuss that after this.”

Following public comments by Morgan Road residents Carl Jackson and Christine Adams, who argued that permits should be required for access to their public street, the council moved to reconsider an OHV ban, which had been tabled on Sept. 12, 2023.

“Not much has changed. They’re still considered unsafe,” City Attorney Kurt Christianson said. He added that the proposed text of the ordinance had been updated to clarify that it would only close city roads to OHV use, not state highways such as State Routes 89A and 179.

Christianson additionally reviewed the implementation of the voluntary agreement that the city had entered into with the four OHV rental companies in Sedona last September. Depending on establishment and type of vehicle, the rental companies had achieved 100% compliance on enhanced customer education, limiting rental usage on Morgan Road and installing recognition flags; between 71% and 100% compliance on installing turn signals; between 29% and 100% compliance on installing quieter mufflers; between 24% and 100% compliance on governing OHV speeds to a maximum of 35 mph; and had worked with GSRC to promote safe use of OHVs.

“Especially after tonight, I think we need to move forward with the ordinance to make the impact to the Forest Service,” Jablow said. However, he added, since he considered that the rental companies had acted responsibly, he proposed creating a city permit system “for just their vehicles” to allow their continued operation on city streets. “If there’s interest, we can move forward with a vote in a month or so.”

“Whatever we do, we have to protect these companies,” Ploog said. “We have to also do something for vehicles that are owned by individual residents who live here,” who would also have to be able to obtain permits if they were willing to meet the equipment requirements. “We would be encouraging good behavior … I kind of like this idea.”

“I think it bears looking into,” Williamson said. Fultz also stated he would be willing to support a city permit system.

“I’m willing to have an open mind and consider,” Furman said, while Kinsella said there was insufficient context to have a reasonable discussion of the idea.

New City Manager Anette Spickard, attending her first regular council meeting, pointed out that implementing such a system would require staff “to create basically a miniature DMV function at the city for this one class of vehicle,” which would take a few months.

“This is not solving the problem of limiting the number of vehicles that we want to have go down our streets,” Dunn said, pointing out that once all rental and resident-owned OHVs had obtained permits under a city permitting system, there would be no reduction in their numbers. “I think it’s going to add another layer of complexity to everyone who’s eventually going to get a Sedona permit if they’re going to come here … Eventually you end up with everyone potentially having the permit.”

“Only if they meet the requirements,” Jablow said. “That’s a good thing. Then we don’t mind because we know they’re a little bit safer.”

“The permit aspect is actually supportive of safety,” Fultz said.

Dan Candler of Outback ATV encouraged further discussion of a city permitting system, while Dave Swartout of Sedona Off Road Center commented that “it’s a whole ‘nother bureaucratic thing. Maybe it’s good for us. Maybe we can charge these people from out of town a hundred bucks to get a permit or something, do the inspection.”

“If this is a Forest Service problem, I’m not sure doing a permit in the city makes a lot of sense,” Swartout added.

By majority agreement, council directed Spickard to start looking into permits.