DEP releases long awaited policy upholding ban of off-road vehicles on public lands

West Milford – On October 2, 2002, NJ DEP Commissioner Bradley Campbell released a long-awaited policy regarding off-road vehicle (ORV) use on state park land.   The issue of illegal ORV use has been in the forefront since a plan was unveiled for a local off-road vehicle facility in West Milford late last year.  CLEAN has taken the lead on the issue since that time.

In December 2001, a local grass-roots group proposed to build an off-road vehicle, BMX, and in-line skate park on the former Jungle Habitat site, part of Norvin Green State Forest in West Milford.  The proposed facility, known as X-Treme Habitat, became a rallying point for an organized campaign to open new legal riding venues throughout the state.  Thousands of ORV enthusiasts signed petitions and wrote to the DEP and the Governor demanding legal venues for their sport.

In spite of these efforts, the new policy upholds the ban on ORV use in our state parks.  Citing threats to public safety and natural resource damage caused by unlawful ORV use in our forests and wilderness areas, the policy delineates the DEP’s zero tolerance for illegal off-road use.  It also directs the department to work cooperatively with the DOT to establish comprehensive licensing, registration and safety training for riders of the vehicles, as well as new regulations and sanctions to deter ORV violators.
The DEP has issued some 1400 summons against illegal ORV riders since January 2002, resulting in fines of up to $1000 per violation.  343,000 acres of state park, forest and wilderness land have been damaged as a result of illegal riding, according to a press release by the DEP. 

Conceding that a growing number of residents find recreational value in ORV use, the DEP called on its Office of Natural and Historic Preservation to develop two new venues for lawful ORV use, but required that any proposed site meet stringent approval standards.  Any new or expanded areas authorized for ORV use will be approved only if there are no adverse environmental or natural resource impacts resulting from the proposed use.  No current state park, wildlife management area or other environmentally sensitive area will be considered as a possible site.  The new policy calls for two new ORV facilities, which would be built by 2005. 

The policy effectively ends any possibility of Jungle Habitat being developed as an off-road vehicle park.  As a current state park facility, the tract fails to meet several criteria required for inclusion as an authorized site.  The property contains two trout-production streams (the Hewitt Brook and its unnamed tributary), abuts the Monksville Reservoir and is within 1200 feet of a residential neighborhood, where residents have already voiced opposition.  Working with CLEAN, the neighbors collected nearly 2000 signatures opposing the project, and helped obtain resolutions against the facility from West Milford, Ringwood, Wanaque and the Passaic County Board of Freeholders.  The resolutions cited that use by other groups such as hikers would be curtailed or eliminated if ORV users were given the tract for such a facility.

DEP considers offering off-road trails

The New Jersey Department of Environmental Protection is considering allowing off-road motorized vehicles access to trails in some state parks. Currently, these vehicles are banned from park lands. DEP officials claim the policy would curb widespread illegal riding that currently occurs. However, the policy would conflict directly with the state’s Green Acres mission, which is “to achieve, in cooperation with others, a system of interconnected open spaces, whose protection will preserve and enhance New Jersey’s natural environment, and its historic, scenic, and recreational resources for public use and enjoyment.” It is unclear how motorized vehicle access will preserve and enhance New Jersey’s natural environment.

DEP Commissioner Bradley Campbell has stated that he hopes to adopt a new statewide policy on the use of off-road vehicles by mid-April, 2002.  A draft of his proposal may be available for public comment before the end of February 2002.  Included among possible locations for the off-road vehicle tracks are the former Jungle Habitat site in West Milford Township, and the Lake Aeroflex site in Sussex County.

Does West Milford need a cycle racing park?

Developers are proposing converting the former Jungle Habitat safari theme park in West Milford into a major off-road motorcycle and bicycle racing park.  But local officials and environmentalists oppose the project.

X-treme Habitat would have 30 miles of trails for motorcycles, all-terrain vehicles, mountain bikes, and bicycle motocross.  The state owns the land-769 acres.  If built, it would comprise the largest collection of off-road trails in New Jersey. 

The state Department of Environmental Protection will make the final decision about the park.  A decision could come as soon as January 2002, according to a spokeswoman for the state. 

Regulators have been open to the proposal so far, saying it fits within the state's goal of providing for all recreation interests.  But there may be other reasons for their acceptance.  The project has political backing from outgoing state Sen. Louis F. Kosco, R-Paramus, whose family owns a motorcycle and Honda ATV dealership in Kinnelon.  Corporations including Honda -- a manufacturer of ATVs -- have offered monetary support to build the trails.  But environmental groups such as the Sierra Club New Jersey Chapter and the New York-New Jersey Trail Conference are moving to block the project.  And West Milford Mayor Robert Moshman said the Township Council will send a letter to the state opposing the use of any motorized vehicles on the land. 

Such vehicles could cause severe erosion along the 30-mile trail system, impacting water quality, exacerbating flood threats, and damaging wildlife habitat.  Surrounding communities would also be disturbed by the noise of gunning engines. 

The state bought the property in 1988 for $1.45 million through the taxpayer-funded Green Acres land preservation program.  Covered with small trees, shrubs, and a 3,000-car parking lot, the land is managed by the state Division of Parks and Forestry. 

"State parkland was bought for open space, not for development," said Jeff Tittel, the executive director of the Sierra Club's state chapter, who helped guide the state's 1988 purchase of the property.  "This is not a friendly use of the land.  The whole 800-acre tract gets carved up.  It's going to turn the land into a giant piece of Swiss cheese," he said.

Several racing tracks, a skateboarding ramp, and a small network of nature trails also would be built as part of X-treme Habitat.  It would be operated by a non-profit group.

Chris Howell, X-treme Habitat's president, has said users of the park will be instructed in environmentally sensitive trail-riding techniques.

Riders will be restricted to designated trails and will be taught how to minimize their vehicles' impact on the landscape, Howell said.  Moshman has called for a special township meeting at 1 p.m. Jan. 12 at the municipal building to discuss the proposal.  The Township is opposed to all motorized parts of the project.

The New York-New Jersey Trail Conference is also opposed to motorized vehicles, out of concern that they could tear up several hiking trails, including the Highlands Trail.

100 people oppose cycle tract at West Milford meeting

Approximately 200 people showed up at a West Milford Township meeting on Saturday, January 12, 2002 to discuss a proposed motorized vehicle track in the township. About 100 of those opposed the proposed facility. The facility, located on the 769-acre former Jungle Habitat safari park, would be renamed X-Treme Habitat.

Proponents of the facility claim that there are no other facilities within the metro area for motorized off-road biking; the nearest facilities are located in the Pine Barrens and the Poconos.

Under the proposal, 30 miles of bicycle motocross (BMX) and motorized vehicle tracks would loop through state-owned land. The land would be leased for an undetermined fee to the not-for-profit X-Treme Habitat group, which would manage the site and charge fees.

Township officials, meanwhile, have proposed baseball and soccer fields and a roller-hockey rink for the site.

The land, which includes an abandoned 3,000-car parking lot and some old roads, was bought by the state for $1.45 million in 1988 as part of the Green Acres preservation program. The property is managed by the state Division of Parks and Forestry.

But the environmental consequences of the proposed track are significant. Environmental groups contend the motorized vehicles would destroy 769 acres of recovering Highlands wilderness. Local residents worry about gasoline spills polluting their wells, exhaust from the motorized vehicles clouding up their back yards, and noise from screaming motorcycle engines.

Many environmentalists distinguish between trails for bicycles, and those for motorized vehicles. The potential environmental impact of motorized vehicles is far greater. The engines used by off-road motorcycles and some ATVs, known as two-stroke engines, are governed by much weaker environmental regulations than other vehicle engines. The engines run on a mixture of gasoline and oil that produces far more exhaust than cars or trucks. Approximately 25 percent to 30 percent of that oil-gas mixture is emitted without being used, leading to the potential for greater water and air pollution.

State parks officials could make a decision on X-Treme Habitat within the next few weeks or months, said Richard Barker, assistant director of the division in charge of parks.

Despite those environmental drawbacks, Barker, the assistant director with the Division of Parks and Forestry, said pressure from thousands of New Jersey off-road enthusiasts is forcing his agency to seriously consider their request for space to ride.

The agency is in the midst of drafting new off-road vehicle policies that say previous development is a requirement of a suitable site.

But Skylands CLEAN and other groups contend that the parcel is an integral part of the Highlands, and should be allowed to recover from its former use. Watershed lands in the Highlands provide drinking water for millions of residents of Northern New Jersey. And the beauty and peace of the Highlands provide respite from the very noise and pollution from motorized vehicles the proposed racing park would bring to the area.