Last updated: July 21, 2024 

July 19, 2024.  Now that the ordinance has passed, proponents have the opportunity to demonstrate that it is a positive change for the county.  Everyone will have the opportunity to make their case for any needed changes.    

• • Post at Brown County Matters –  ORVs traveling on state roads. Some believe that the state right of way can be used by ORVs.  However, the county ordinance restricted the use of state highways.  The posts indicate a rough start for the change.  

July 18, 2024.  Off-road ordinance (ORV) – Recorded copy

July 18, 2024. Details of the ORV/ATV Ordinance found here, Brown County Democrat, by Dakota Bruton  PDF: BCD Details of the ORV_ATV Ordinance found here – Brown County Democrat. 

• • At the county commissioner’s meeting Wednesday, the ordinance establishing rules and regulations for off-road vehicles and all-terrain vehicles passed by a 2-1 vote.

July 17, 2024. Commissioner Meeting Notes and Audio – ORV ordinance was passed. 

• • Post and comments at Brown County Matters – Includes an assessment in opposition that identifies indicators on issues that may have be be addressed at a later time.

July 10, 2024. Commissioner Meeting Notes and Audio , ORV First Reading, includes audio.

• • This post at Brown County Matters.

July 8, 2024. Updated Ordinance 2024_07_08 Brown County ATV UTV Ordinance Final Draft 
This post at Brown County Matters  … The only change I saw in the updated ordinance was in Section 5.2 where they identified the state highways in the county e.g., 46, 135, 45. where ORVs are not allowed.  ….  I did not see any changes in the ordinance that reflect the suggestions or concerns expressed by those commenting on one or more parts of the ordinance. … No acknowledgment that ORV use on county roads “cannot” be limited to residents only.
Note. The first two public meetings were on June 24-25. The July 3 meeting was moved to July 10. 

Updated Meeting Announcement
 

MEETING CHANGE. The July 3, 2024 meeting (The First Reading of the proposed new ordinance) has been moved to July 10, 2:00. The second and final reading is still scheduled for July 17, 2024, 6:00 p.m. 

• • July 2, 2024. Brown County Democrat.  County Commissioners to vote on UTV ordinance by Dakota Burton.   Discussion included information that access “could not be limited” to county residents.  Mike Moga from Barnes and Thornburg is to confirm.  Concerns from those opposing the ordinance are not included in the article.
  • Summary and Audio from the June 24 and 25 Meetings. – See below.

Campaign Position. Allowing Off-Road Vehicles on County Roads – Why the Rush? Allow time to inform, listen, and respond to concerns, questions, and risks.

Additional Information: ORV: Understanding Off-Road Vehicles – A Comprehensive Guide, June 15, 2023, by Yasir Asif.     

• • Polaris – Off-Road Vehicles  //  Polaris Snowmobiles
  • TRACKER OFF ROAD ATVs //  Honda ATV, UTVs
  • ORV Guide to the ATV and UTV Laws in Indiana – ATV MAN
  • Indiana BMV Off-Road Vehicles and Snowmobiles
  • IC 14-16-1 Chapter 1. Off-Road Vehicles

Commissioner Meetings: July 3  and July 17.  Last Chance?  Proposed ORV Ordinance – Public Meetings. The next meeting will be July 3, 2024, at 2:00, and may include a “first reading” of the final draft, followed by a second reading and vote on July 17, 2024, at 6:00.

• • Premise. Most, if not all county residents with an ORV would like to have the option of accessing a county road. ORV access to county roads cannot be limited to just county residents.
    • What percent of county residents with ORVs still support the ordinance since it would be open to non-residents?
  • Communication? Support a series of articles in the Democrat informing citizens of the proposed ordinance, the types of ORVs they can see on the county roads to include the comments from the public meetings?
  • Sunset Clause?   Add in a legal provision that provides for the automatic termination of the ordinance unless the commissioners affirmatively act to renew it?
    • The unknowns with the ordinance include the volume and impact of  ORV use by non-residents.  Another issue may be complaints by residents of safety issues, noise, dust, and the condition of gravel roads.  Include a non-emergency phone number to track complaints and reports of possible violations of the ordinance?
  • For the July 3 meeting, suggest that comments questioning one or more aspects of the ordinance be documented for the public record. This will provide Commissioners with an opportunity to consider making any needed changes. This might also be helpful in considering future changes to the ordinance. 
  • On the list of ORVs, which categories pose the most risk of excessive noise?
  • Liability. Identifying risks (things that could go wrong), would also be helpful. This might help county attorneys and our insurance providers to assess the risks of liability to the county.  What could occur that would result in a successful lawsuit against the county? What has been the experience (case law) in other counties?
  • And what if ORV use in one or more areas of the county becomes a serious and recurring problem?   What would be the issues?   What remedies would be available to residents?
    • What would be the process for restricting ORV use on a road? (Section 5.2).
    • Why would you want to restrict access to a road?
    • Are there standard criteria for assessing the safety of roads? 
  • What is the inventory of all the county roads, including the gravel roads, that could be legally accessed by ORVs?   Is this available on the county GIS?  This might give residents a heads-up on what they might expect from increased traffic in their areas from locals and visitors.  If ORV rentals become an option, “maps” of all the accessible roads in the county would likely be made available. 
  • What conditions would need to exist for the ordinance to be repealed or amended?
  • How can we assess travel volume on county roads?  

June 24-25, 2024.  AUDIO and Summary – Public Meetings

Overall, all the positive benefits of allowing ORV use on county roads were reinforced. 

Local Residents. Meetings were well attended by residents supporting the ordinance.  Residents with ORVs cited the convenience of traveling short distances, utility use such as collecting firewood, helping out neighbors, and the enjoyment of riding in Brown County.  

ORV Use “cannot” be limited to residents only.  Although Airbnbs’ and tourist rentals can forbid ATV use on their properties, visitors can bring in their ORV and ride on the county roads.  Local businesses can also emerge to rent the ORVs and some residents may make their properties available to ORVs.

• • The Story area would be attractive to ORVs –  25 miles of gravel roads.
  • On the flip side, would more ORVs on county roads be a deterrent for some visitors?  Although it might attract ORV users, it might also repel other visitors who desire peace and quiet. 

Hobbyists mentioned that Brown County would not be a destination for serious ORV users who travel to areas that offer more challenging opportunities. But, not all ORV users would fall into this category.  Residents from Cordry Sweetwater reinforced the convenience of using their ORV to pick up mail and travel to the beach and other areas within the conservancy. Other residents cited travel in their local area. 

The few speaking against the ordinance cited Noise and disruption to their desires for peace and tranquility.  They also reinforced the expectation that this would lead to increases in ORVs on county roads from non-residents.  And for those living on gravel roads, dust as well as noise may be an issue. The County does not have a noise ordinance.

Enforcement.  The sheriff’s office has reported staffing shortages.  It would not be easy to distinguish riders younger than 18.

Unknowns. The great unknown will be the number of out-of-county residents choosing to ride ORVs on County Roads and the respective impact.

Risks.  Narrow and winding roads, short site lines, lack of signage, and speeding.  Bicyclist groups have requested more signs to make drivers aware of the laws and to raise awareness that bicycle traffic may be ahead.  Would signs also be useful for ORVs?

Brown County Uniques. 

• • Unlike many other counties, Brown County is a tourist destination. We get over 3 million visitors a year, In addition to cars, vehicles include motorcyclists, RVs, vehicles pulling horse trailers,  and campers.  Fall is the peak traffic season.
  • In addition to a likely increase in ORVs (volume unknown), over the past few years, there have been increases in cyclists in the county – mountain biking, road, and gravel.  These bikes can range in price from 5K to 15K and up. Brown County is a popular destination for cyclists and events occur throughout the year.  Would ORV users be attracted to the same experience as the cyclists?

AUDIO Recordings:

• • June 25, 2024. AUDIO – Public Meeting Session 2 – 3-4:30 
    • Reference to a “Sunset Clause” by Greg Taggart at 44:56. A Sunset  Clause would identify an expiration date (e.g., one year) unless renewed by the commissioners. 
    • My comments (Tim J. Clark) at 49:08
  • June 24, 2024. AUDIO – Public Meeting – Session 1  6-8pm 

June 24, 2025. The latest version of the ordinance: Brown County ATV UTV Ordinance Draft

• Outline and Questions

• • June 15, 2023. Updated Version (removed duplicate texts): 20240615 ORV Ordinance -A Meeting Outline for the Proposed Ordinance

June 5, 2024. This post shared at Brown County Matters

June 5, 2024.  DRAFT Proposed Off-Road Vehicle Ordinance(2021 version)

 Audio 1:09:33 mark – Brief introduction of the ordinance.

June 5, 2024, Commissioner Meeting.  The commissioner’s assistant provided a “Draft” (above) of the ordinance that was developed by a committee and has/is being reviewed by the attorney and sheriff’s office.   

The public meeting dates are June 24, 25, July 3, and 17. 

Background: An ordinance was proposed in 2021. Allowing ATVs, OTVs, UTVs on County Roads- For the Record