Martin County votes down street legal UTV ordinance

Residents wait to speak at the Martin County Fiscal Court meeting Thursday. (Citizen photo by Roger Smith)

BY ROGER SMITH
MOUNTAIN CITIZEN

INEZ — The Martin County Fiscal Court voted unanimously Thursday against an ordinance that would have allowed residents to register and legally operate UTVs on public roads. The decision came after a meeting in which residents and trail advocates spoke their opinions of the measure.

The ordinance stemmed from Senate Bill 63, which took effect June 27 allowing counties the option to let residents register off-road vehicles as street legal special purpose vehicles (SLSPVs). With Thursday’s vote, Martin County is the only county in the region not to approve the measure.

Judge/Executive Lon Lafferty moved the ordinance to the top of the agenda, giving residents the floor before magistrates cast their votes.

Resident Rudy Hammond urged magistrates to reject the proposal outright.

“We’re going to ask the court to vote no on this policy that came before you in the last meeting,” Hammond said. “And there are several reasons why.”

John Roy Kirk followed with a pointed critique of new fees.

John Roy Kirk critiques an ordinance that would allow residents to register UTVs as street-legal special-purpose vehicles. (Citizen photo by Roger Smith)

“We’re just a small county, a rural area, just about a retirement county if you look around you,” Kirk said. “More taxes, more insurance being put on us is making so people can’t get out and do anything. The town up here looks nice, but the people won’t even have money to buy gas to come to town if we don’t get some help with this stuff.”

He urged the court not to delay.

“If you table it, you’re just going to have it back here again with 300–400 people at your next one,” said Kirk.

Lara Mitchell Pack, secretary for First Frontier Appalachian Trails, countered that the ordinance would not be mandatory and could bolster the local economy.

Lara Mitchel Pack, secretary of First Frontier Appalachian Trails, spoke in support of an ordinance that would make UTVs legal to operate on roads. (Citizen photo by Roger Smith)

“Nobody is forcing you all to register your vehicle,” she said. “That’s an option. You don’t have to register them. … When the state voted statewide to allow people the option, they did it so that local governments, little tiny towns, could have something to bank on to grow their economies and stabilize their economies.”

Pack said the measure would ensure safety and help tourism.

“Every county around here has voted to do it because their sheriff department gets a little bit for the inspection, their clerk’s office gets a little bit, and they get the opportunity to grow the tourism business,” she said. “It’s not going to hurt anybody; they run the roads anyway. By passing it, you ensure that the people who come here will put insurance on them.”

That sparked pushback. Hammond said residents could not afford trail passes.

“Well, don’t buy it,” Pack replied.

Another man shot back: “Well, we did, and they shut Wolf Creek down.”

Pack denied the accusation.

“We didn’t shut Wolf Creek down,” she said.

“Well, we paid you all,” the man insisted. “You all was supposed to have it open and now you don’t.”

Clay Crum, speaking for hunters, said the trail system penalizes longtime residents.

“You take us avid hunters, we take our side-by-sides,” he said. “If we don’t pay for a pass when we get on there to go to where we’ve hunted our whole lives, we’re going to get tickets. They want to throw people off now on Wolf Creek, is what I’ve been told.”

Crum pointed to neighboring Man, West Virginia, saying no such requirements exist there.

“You look at the people that come in there,” he said. “They ride everywhere.”

Inez resident Eric Mills argued that much of the debate overlooked state law.

“Sheriff, I’ll think you’ll verify it’s illegal to drive a side-by-side on the highway right now. Is that true?” Mills asked.

Sheriff John Kirk confirmed it was illegal to travel more than two-tenths of a mile.

“Your state legislature has already made it illegal to drive more than two-tenths of a mile on a road, and the police can pull you over and give you a ticket,” said Mills. “Your option today is to not drive over two-tenths of a mile to avoid a ticket.”

Harrison Cain, who said he would soon be 75, lamented the costs attached to the trail system.

“I’ve had my pocket dug into for stuff … but I’ve kept my mouth shut and I’ve paid it,” Cain said. “You can say what you want to about that trail system. We’ve only got about 10 miles and are charged $25 for a permit per vehicle and $10 a head and $5 for insurance.”

Magistrate Ronald Workman asked what would happen if the ordinance failed. Magistrate Cody Slone replied, “I don’t think anyone should have to pay to ride on the trails … But do we want it to continue to be illegal to ride side-by-sides on the road?”

“Judge, I vote no,” Magistrate Junior Hunt said before a motion was on the table.

The vote followed swiftly.

In other business, the court approved a resolution and agreement for secondary road funding for Cassell Branch and Little Laurel Creek.

Judge Lafferty mentioned that last year, the county got only $32,000 in secondary road funds.

“This year we were able to garner, with the help of everyone up here, $238,000 for our roads,” Lafferty said.

Magistrates also approved the appointment of Brian Howell to the Martin County Economic Development Authority. Lafferty said Howell works for the electric company and is “an outstanding individual.”

Nita Collier and Katrina Sansom won the magistrates’ approval for reappointment to the tourism board for four-year terms.

Magistrates approved the judge to sign all documents for a CDBG grant for the Roy F. Collier Community Center.

Lafferty said the county built the community center 23 years ago as a center “primarily for the kids.”

“At that time, we had a lot of activities there,” he said. “We had a jungle gym, arcade, daycare, learning center and movie theaters in the county for the first time since the 1950s. It’s been a tremendous success. People across the state still look at that center and say, ‘How in the world have you done this?’”

According to Lafferty, the center is in a “state of disrepair,” including the roof, ceilings, walls, floors, plumbing, and equipment for the movie theaters.

“There’s work to be done outside,” added the judge. “So this is a pot of money that you can use for community development. It doesn’t have anything to do with our water. Believe me, we’ve got our hands in every bucket in the country asking for grants for our water system.”

The grant is for $850,000.

Magistrates heard from a group of Pilgrim residents about gates blocking access to multiple family cemeteries. (See the related story.)


Leave a Reply

1 / ?