Secretary of the Agency of Natural Resources Jonathan Wood, left, and Senator Mark McDonald, Chair of Legislative Committee on Administrative Rules, right, each spoke firmly on their views of ruling on ATV use on State lands during a meeting at the Statehouse in Montpelier, Vt., Monday, Dec. 1. (Vermont Daily News photos/Alden Pellett)

Montpelier, Vt. – Emotions ran a little higher for a short while during discussion concerning ATV use on state lands as the Legislative Committee on Administrative Rules met in the Statehouse today. Chair of the committee, Senator Mark McDonald from Orange County gave his firm opinion today in opposition to Vermont Agency of Natural Resources Secretary Jonathan Wood’s statements as both responded to the proposed final rule governing the establishment of All-Terrain Vehicle Use Trails on State Land.

McDonald was clearly agitated by comments put forth by the Agency of Natural Resources moments earlier.  “Most Vermonters would ask how it came to pass that a big, big change in how our state lands are being used by ATVs without any discussion in the natural resources committee when the house is in session, ” said McDonald.  ”They would ask why an agency chose to take a law from 1983 back when ATV’s had three wheels and combine that with a discussion with the transportation department about how to cross a state highway safely somewhere in the northern part of the state.”

McDonald added, “Most Vermonters would probably glaze over a bit when they get into the quibbling about ‘we can do this because it was written somewhere in small print, etc.etc, and the supreme court will sustain us and the supreme court won’t sustain us.’”   He said that was not how Vermonters  make changes in policy.

Wood fired back, “I think it’s clear that the emotional and political pressure of this issue is the one that you folks are most focused on.” 

The agency stance is that the proposed Final ATV Rule is not arbitrary or capricious, but representing a proper exercise of the ANR’s authority. “There is a 25-year history of law being passed here,” he said voicing his opinion that it was broadly expanded rather than a major shift in policy and that it is totally consistent with how the agency manages other public use of state lands.

Woods and McDonald were clearly at odds on the issue but after more questions and comments by the committee, Chairman McDonald closed discussion asking permission for a two week delay so the committee could further review the newly-submitted final proposed ATV rule put forth by the ANR. The extension was granted by Secretary Wood providing it would not effect their final deadline of January 15, 2010.

“We feel on very solid ground here,” said Wood afterwards during an impromtu press conference as the legislative committee moved on to other scheduled topics on their agenda. The ANR feels there has been a clear pattern established by the legislature over the years allowing the agency to act with authority in this matter.  If the rule is approved it could be in place by the end of January at the latest.

 -Vermont Daily News staff report by Alden Pellett