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Senate approves trespass bill aimed at clarifying enforcement for recreational OHV access
Summary
Senate Bill 10‑86, which clarifies trespass statutes and notice requirements for recreational use on public and private land, passed 18-16. Supporters said it would help preserve access; opponents warned it could criminalize inadvertent access and burden local law enforcement.
The Idaho Senate narrowly approved Senate Bill 10‑86 on Feb. 25, a measure intended to clarify trespass law and provide guidance for enforcement on both private and public land used for recreation. The Senate vote count reported 18 in favor and 16 opposed.
Sponsor Senator Harris said the bill was designed to reduce confusion among law enforcement and to preserve access for responsible off‑highway vehicle (OHV) and trail users. "The purpose of this bill is to clarify for law enforcement and have increased authority for local sheriff to enforce trespass laws on public managed and private property," Harris said.
Harris said confusion and bad actors had led some land managers and private owners to close access altogether. The bill requires notice — which the sponsor defined in debate to include "actual notice, constructive notice, and includes posting signs or gates, a road or trail entry points" and providing a website or phone contact — before a person can be cited for trespass.
Opponents raised enforcement and equity concerns. Senator Lenny said the bill could fine people who unknowingly enter land that recently became federal or private, urging a change to require knowing or willful trespass for criminal citations. Senator Anthon and others relayed local sheriffs’ concerns about using county resources to police federal lands and the potential for arbitrary closures.
Senator Harris responded on the floor by emphasizing the bill's notice provision: "Before you can be cited for trespass, you have to know that you're trespassing. That's in the law. If somebody hikes around the sign and doesn't see the sign and they get stopped, they cannot be cited for trespass." The Senate passed the bill and will transmit it to the House.
What’s next: The bill will go to the Idaho House for consideration.
