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Motor Vehicle Use Restrictions
Lists restrictions on possession and use of motor vehicles on Forest roads, trails and land
Alert Start Date: August 8th, 2020
Alert End Date: N/A
Order Number: 09-21-20-09
Associated Documents
Forest Order
CLOSURE ORDER OF THE FOREST SUPERVISOR
RESTRICTING OCCUPANCY AND USE, TO WIT:
MONONGAHELA NATIONAL FOREST, WEST VIRGINIA
Pursuant to the provisions of 16 U.S.C. § 551, and 36 C.F.R. §§ 261.50 (a) and (b), the following acts are prohibited within the entirety of Monongahela National Forest, West Virginia to minimize user conflicts, address public safety and provide for environmental protection.
- Prohibitions: The following are prohibited within the entirety of Monongahela National Forest, as shown on the map attached hereto and made a part hereof as Exhibit A, dated May 2020. a. Possessing or using any motorized vehicle off National Forest System roads. 36 CFR § 261.56. b. Possessing or using any motorized vehicle on National Forest System trails. 36 CFR § 261.55(b) c. Using all-terrain vehicles (ATVs), utility-terrain vehicles (UTVs), go-carts, golf carts, unregistered dirt bikes or any other unregistered or unlicensed non-street legal motor vehicle on any National Forest System road. 36 CFR § 261.54(a) d. Using a snowmobile or other tracked snow vehicle on National Forest System roads, except from road shoulder to road shoulder on Highland Scenic Highway (Forest Road 150). 36 CFR § 261.54(a) e. Operating any motorized vehicle on a National Forest System road in violation of any traffic or vehicle law of the State of West Virginia. 36 CFR § 261.54(d) f. Operating a vehicle carelessly, recklessly, or without regard for the rights or safety of other person or in a manner or at a speed that would endanger or be likely to endanger any person or property. 36 CFR § 261.54(f) g. Parking or leaving a vehicle in violation of posted instructions. 36 CFR § 261.58(g) h. Using a road for commercial hauling without a permit or written authorization. 36 CFR § 261.54(c) i. Driving, possessing, parking, or leaving a motorized vehicle on a road which is closed by sign, gate, or barricade, including an earthen barricade. 36 CFR § 261.54(e)
- Duration: The prohibitions of this Order shall remain in effect for five years from the date of signature unless terminated by the Forest Supervisor.
- Exemptions: Pursuant to 36 CFR §261.50 (e), the following persons are exempt from the prohibitions contained in this Order: a. Persons with a permit specifically authorizing the otherwise prohibited act or omission (36 CFR 261.50(e)(1)); b. Any Federal, State, or local officer, or member of any organized rescue or fire fighting force in the performance of an official duty (36 CFR 261.50(e)(4).
- General Prohibitions: The General Prohibitions set forth in 36 CFR Part 261, Subpart A (§§261.1- 261.23), remain in effect.
The prohibitions set forth herein pursuant to 36 CFR Part 261, Subpart B (§§261.50-261.58) are in addition to the General Prohibitions.
Violation of these prohibitions is punishable by a fine of not more than $5,000.00 for an individual or $10,000.00 for an organization, or imprisonment for not more than six (6) months, or both (16 U.S.C. 551 and 18 U.S.C. 3559 and 3571).
Dated this 8th day of August 2020, at Elkins, West Virginia.
SHAWN M. COCHRAN
Forest Supervisor
Monongahela National Forest