NOTICE OF PUBLIC HEARING ON AMENDING LAKE OF THE WOODS COUNTY ATV ORDINANCE
The Lake of the Woods County Board of Commissioners will hold a public hearing on the proposed amendment on January 13, 2026 at 10:00 a.m. in the County Commissioners Room of the Lake of the Woods County Government Center, 206 8th Ave SE, Baudette, MN 56623. The proposed change in the ATV Ordinance is to include the definition for ATV Class 2 as described in Minn Stat. 84.92, subd. 10 and to allow Class 1, Class 2, OHM (off highway motorcycles), and ORV (off road vehicles) on the Lake of the Woods Connector Trail. All interested persons are invited to attend the public hearing or submit comments in writing prior or during the hearing.
LAKE OF THE WOODS COUNTY ORDINANCE
FOR THE MANAGEMENT OF ALL TERRAIN VEHICLES
IN THE PUBLIC RIGHT OF WAY ON ROADS
WITHIN THE COUNTY’S JURISDICTION
THE COUNTY BOARD OF LAKE OF THE WOODS COUNTY DOES ORDAIN:
Subdivision 1. Purpose and intent.
WHEREAS, Minnesota Statutes §84.92-84.928 generally regulate the use of all terrain vehicles within the right of way for trunk highways, county state aid highways, and county roads. Pursuant to Minnesota Statute §84.928, subd. 6 (c)(2) and, consistent with this ordinance, and to provide for the health, safety and welfare of its citizens, and to ensure the integrity of roads falling under the jurisdiction of Lake of the Woods County, this Ordinance is enacted to regulate the use of all-terrain vehicles on county state aid highways, county roads, and unorganized township roads within Lake of the Woods County.
WHEREAS, Minnesota Statutes § 84.928, subd. 6 (c)(2) authorizes counties to enact an ordinance which provide for the operation of all-terrain vehicle on a road right of way shoulder, or inside bank or slope of a county highway or county state-aid highway if safe operation in the ditch or outside slope is impossible and the county posts the appropriate notice, notwithstanding any law to the contrary.
WHEREAS, Lake of the Woods County recognizes that county residents are also interested in using their ATV’s on county maintained roads to access other areas without having to trailer their ATV’s.
Subdivision 2. Definitions.
The following definitions apply to this Ordinance:
ATV or All Terrain Vehicle shall mean a Class 1 All-Terrain Vehicle, as defined in Minn. Stat. §84.92, subd. 9 and Class 2 All-Terrain Vehicle subd. 10.
County means the County of Lake of the Woods, Minnesota.
County Maintained Roads means all County State-Aid Highways, County Roads, and Unorganized Township Roads outside of an incorporated municipality located in Lake of the Woods County. State highways and city streets are not included in this ordinance.
Subdivision 3. Findings
WHEREAS, Pursuant to Minnesota Statute §84.928, subd. 6(c), the County makes the following findings:
That most of the county maintained roads are in an area of the County that is generally flat and contains numerous and extensive lowlands. That a portion of the terrain adjacent to these roads is such that travel by ATV’s in the ditch or outside slopes of such roads is not possible.
That a portion of County maintained roads do not have ditches and that brush, trees and other vegetation exist immediately adjacent to the edge of the roadway.
That reconstructed roads have well vegetated slopes and ditch bottoms costing several thousand dollars per mile to establish and should not be damaged or destroyed.
Subdivision 4. Regulations for Operation on County Maintained Roads
Persons operating all terrain vehicles on any County maintained roadways, outside incorporated municipalities, must operate the all terrain vehicle on the extreme right hand side of the road, making left turns across the road only if it is safe to do so under prevailing conditions.
Persons operating all terrain vehicles within the right of way of any of the county maintained roadways shall not operate their ATV on the inside slope, ditch bottom or outside slope of the right of way.
Except as otherwise provided in this Ordinance, operation of all terrain vehicles shall be in compliance with Minnesota Statutes §84.92 - 84.928, as well as any other federal, state, or local rule or regulation as it applies to sections in this ordinance.
No person shall operate an ATV, or other motorized vehicle, on the bike trail between Baudette and the Lake of the Woods School or any other trail where motorized vehicles are prohibited.
No person shall operate an ATV on Lake of the Woods County maintained roads at a rate of speed greater than reasonable or proper under the surrounding circumstances.
Persons may be allowed to operate Class 1, Class 2, OHM (off highway motorcycles), and ORV (off road vehicles) on the Lake of the Woods Connector Trail.
Subdivision 5. Information gathering for program
The Lake of the Woods Sheriff’s Office shall collect and compile Incident Case Report data reported to the Sheriff’s Office from the public regarding ATV use on county maintained roads. In addition, complaints received by County Board members will be received and recorded.
Subdivision 6. Penalties
Any person who violates any provision of this ordinance is guilty of a misdemeanor as defined in Minn. Stat. §609.02, subd. 3.
Subdivision 7. Effectuation
This Ordinance, as amended, shall take effect and be in full force January 13, 2026 upon its adoption by the Lake of the Woods County Board of Commissioners, and its publication in the official newspaper of Lake of the Woods County as provided by Minnesota Statutes; unless otherwise terminated by further resolution of the Lake of the Woods County Board.
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