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This entry was published on 2014-09-22
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SECTION 2405
Designation of highways and public lands for travel by ATVs
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 11, ARTICLE 48-C
§ 2405. Designation of highways and public lands for travel by ATVs.
1. Highways. Except with respect to interstate highways or controlled
access highways, the department of transportation with respect to state
highways, maintained by the state and any other governmental agency with
respect to highways, including bridge and culvert crossings, under its
jurisdiction may designate and post any such public highway or portion
thereof as open for travel by ATVs when in the determination of the
governmental agency concerned, it is otherwise impossible for ATVs to
gain access to areas or trails adjacent to the highway. Such
designations by a state agency shall be by rule or regulation, and such
designations by any municipality other than a state agency shall be by
local law or ordinance.

2. Public lands other than highways. A governmental agency other than
a municipality, by regulation or order, and a municipality, by ordinance
or local law, may designate any appropriate public lands, waters and
properties other than highways under its jurisdiction as a place open
for travel by ATVs upon written request for such designation by any
person, and may impose restrictions and conditions for the regulation
and safe operation of ATVs on such public property, such as travel on
designated trails and hours of operation. In addition thereto, such
agency or municipality may not require the operator of an ATV to possess
a motor vehicle operator's license. A municipality may charge a fee for
use of ATVs on such public lands.

3. Signs and markers. (a) Such designated highways or portions thereof
or designated lands shall be identified by markers in such manner as may
be provided by rules and regulations of the commissioner.

(b) All signs or markers shall be erected at the expense of the state
or municipality, provided, however, that the municipality may accept
funds or contributions therefor from private persons, clubs or
associations interested in the promotion of ATVs.

4. Any regulation, order, local law or ordinance which designates a
highway or portion thereof or designated lands which may be used for ATV
operations may include rules and impose restrictions and conditions for
the regulation and safe operation of ATVs on the highways and lands so
designated, such as travel on designated trails and hours of operation.
Any restriction or condition not contained in this chapter must be
posted.

5. Copies of orders, regulations, local laws or ordinances adopted by
governmental agencies pursuant to this section shall be filed with the
commissioner.