Pinelands staff present model ORV ordinance to help towns curb trail damage and illegal use

Staff presented a model municipal ordinance Nov. 22 intended to give Pinelands towns an up‑to‑date template to regulate off‑road vehicles (ORVs/ATVs) and reduce damage to sensitive lands. Katie, the staff presenter, said the project grew from the committee’s work plan and a review of state law and guidance.

Katie summarized the legal framework she reviewed, citing the statute references used in the presentation (transcript notes "NJSA 39:3C" as the principal enabling law and "NJSA 2C:64‑6" for forfeiture authority) and a 2023 Attorney General memo directed at law enforcement. She described four municipal approaches documented in staff research, from full dedicated ORV ordinances that reference state law and set operational rules, to no code references in some towns. The draft model ordinance in the packet would limit operation on public streets and rights‑of‑way and on public lands, require written landowner consent for private land use, include safety standards (helmets, working headlights, minimum age), and reference forfeiture and penalty provisions.

Commissioners asked for technical clarifications and practical tweaks. One commissioner sought explicit exemptions for farm tractors and farm‑to‑farm uses and noted registration/title issues for some off‑road equipment; the commenter said farm vehicles "don't have a title" and therefore cannot be registered in the usual way. Staff acknowledged the statutory exemptions and said they would ensure the model reflects them and would investigate whether registration processes remain operational. Another commissioner suggested replacing subjective noise language with a decibel standard; a separate speaker urged staff to clarify that endurance/enduro event permitting is handled under a different commission process and is not the same as the model ordinance’s focus.

Several commissioners voiced support for the draft as a resource for municipalities, with one noting the importance of confiscation tools in the statute to deter out‑of‑state abuse. Staff stressed the model is optional and intended as an adaptable resource: towns can choose which provisions to adopt and must assess enforcement capacity locally. Commenters during public comment echoed enforcement concerns and urged regional coordination: Fred Akers (Grady Harbor Watershed Association) suggested regional planning would be preferable to town‑by‑town approaches, and a public commenter asked whether park police and the Attorney General’s office had been consulted.

No formal vote was required; staff said the next step would be to incorporate committee feedback, develop a supporting guidance document, and engage municipalities individually. The committee did not adopt the model ordinance that day but provided direction to staff to proceed with refining outreach and clarifications related to exemptions, noise standards, registration/practical enforcement, and endurance event distinctions.