Somerset commissioners decline to open Lake Moxie Road to ATVs after safety debate

The Somerset County Commissioners debated an application to allow all‑terrain vehicle (ATV) access on Lake Moxie Road in The Forks and ultimately failed to approve it following a divided vote.

Chair (S1) introduced the workshop and read correspondence received from a commissioner. Commissioner (S9) said he was opposed on public‑safety grounds: “I just feel strongly that it's unsafe and someone's gonna get killed and I don't wanna have any part of it.” He objected to allowing ATVs on a paved road that also carries logging and commercial traffic and emphasized that state guidance does not require driver licensing or insurance for ATV access.

Commissioner (S2) urged the commission to consider tourism and a trial approach, proposing a one‑year sunset pilot limited to dusk‑to‑dawn hours and a 35 mph speed limit. “I lean towards giving them an opportunity to prove us wrong,” he said, arguing the state allows such access in nearby towns and that some local businesses support access for customers.

County Administrator (S3) explained process constraints and appeals: the ATV access decision is a land‑use determination that requires the commission to notify the applicant and include a written rationale that could be appealed to a superior court. He also explained that a separate DOT speed‑limit study would be required to change posted limits and that the DOT, not the county alone, makes that determination.

Speakers debated enforcement and signage: several commissioners warned that green ATV signs without fine‑print restrictions can be interpreted as permitting year‑round use, and that the county sheriff's office would bear primary responsibility for incidents on a tarred road. Commissioners discussed repairing or building separate parallel trails and funding options — including FEMA disaster funds, TIP dollars and community‑benefit money — as alternatives to formal road access.

Commissioner (S2) moved to approve ATV access for the Lake Moxie Road parking area, and the motion was amended to limit use to dusk‑to‑dawn during ATV season at a 35 mph limit with a one‑year sunset. After additional debate the motion failed (recorded tally: 2 in favor, 3 opposed). The chair directed staff to draft a final written decision reflecting the commission's rationale and the procedural notice required for the applicant.

Next steps: staff will prepare a written decision for signature at a future meeting; the decision will include the factual and legal rationale and advise the applicant of appeal rights.