Tazewell supervisors adopt ordinance banning ATVs on Burkes Garden public rights-of-way

Tazewell County’s Board of Supervisors voted Nov. 6 to adopt an ordinance prohibiting all-terrain vehicle (ATV) travel on public rights-of-way in the Burkes Garden Fire District, citing public-safety concerns and the community’s historic character.

The board opened a public hearing and heard several residents who said ATVs threaten pedestrian safety and local tranquility. Monty Hansford, a four-year resident whose family has lived in Burkes Garden for generations, said he supported the ordinance and submitted suggested exceptions for property invitees. Tamara Blackburn, who has lived in Burkes Garden since 1987, asked how enforcement would work; staff and supervisors said enforcement would fall to the Tazewell County Sheriff’s Office and noted state law exemptions that can apply in some farming or property-transfer situations.

Michelle Perkins, a property owner in Burkes Garden, said the community is a historic agricultural district and that ATV usage would interfere with preservation and tourism. Melissa Lynch called the ordinance a public-safety measure, saying heavy weekend ATV traffic would harm the area’s peaceful character and visitors’ experience.

Board members discussed the ordinance’s language, the state-code exemptions (citing Va. Code §46.2‑915.1) and the potential need for sheriff’s enforcement. The chairman said resident input motivated the measure and encouraged colleagues to adopt the ordinance. The motion to adopt passed by voice vote.

The ordinance will govern ATV operation on public rights-of-way within the Burkes Garden Fire District; the board said state-law exemptions and local invitee clauses (e.g., for property owners or permitted guests) are preserved as drafted. The county clerk will incorporate the ordinance into the county code and staff said they will notify the sheriff’s office and the public about enforcement expectations.

The board moved on to other agenda business after the vote.