The Montezuma County commission is considering a resolution that would issue a ticket to San Juan National Forest and BLM officials for closing roads within the county.
Public-access activist Dennis Atwater presented the proposal Monday, and said it is modeled from a similar law passed in Apache County, Ariz.
“It is up to the county commission to declare jurisdiction of roads,” Atwater said, adding that once roads close, “citizens should re-open them; that is our job.”
The resolution would make it a misdemeanor to place a gate or impediment blocking any road within the county, including those on public lands. Structures blocking the road would have to be removed within 30 days.
The commissioners have been in a road-closure dispute with the Forest Service for the past three years. Travel management plans closing non-system roads and redundant routes on public lands have triggered protest marches, packed meeting halls, and fueled election rhetoric.
Commissioner Steve Chappell asserted that any road closure must come before the board for consideration.
“We have a policy to close roads, but it has never been used by the Forest Service,” he said. “Road closures should have a public hearing.”
But relevant case law must be reviewed on the matter to determine the resolution’s legality, advised county attorney John Baxter.
“I want the opinion of the lawyer, to see if we have standing,” agreed commissioner Keenan Ertel.
Chappell added, “Resolutions need to have teeth. We have to be willing and ready to take the next step, otherwise it is just another resolution with no action.”
Atwater, a lawyer, contends the county has the authority to keep roads open to protect public, safety and welfare; commercial opportunity; and access for law enforcement, rescue and fire crews.
The resolution declares exclusive authority over certain roads and rights of way in the county. It states that “placing or maintaining any physical obstruction ... to the free use of public roads, routes or rights-of-way is hereby prohibited unless” permission is granted by the county and Montezuma County sheriff.
It continues that the sheriff is authorized to remove obstructions at the expense of agencies responsible for their placement, and that “placing or maintaining any unauthorized physical obstruction, gate or other impediment on, in or around any road, route of travel or right-of-way is hereby designated a Class 1 Misdemeanor” a punishable crime under Colorado statutes.
Derek Padilla, San Juan National Forest District Ranger, commented that the Forest Service does have jurisdiction over roads under the Organic Act.
“We do have management control for those roads that the Forest Service has not transferred jurisdiction under a legally recognized process to a recognized public road agency, such as the county or state,” Padilla said.
He explained that according to the 1897 Organic Act, passed by Congress, the Secretary of Agriculture is empowered “to regulate their occupancy and use and to preserve the forests thereon from destruction.” This is codified under 16 U.S. Code § 551.
Padilla, who was present during Atwater’s assertion that access to public lands has been too restrictive, later responded that the agency has a priority to provide adequate public access to forest lands.
“Under the Travel Management Rule, we have a designated system of roads and trails to provide access to the National Forest,” he stated. “We provide for an array of opportunities for public use — from full size vehicles, ATV’s, and motorcycles to horseback riding, hiking and biking. We also take into consideration the needs of the different natural resources and watersheds, and the variety of wildlife that depends on them.”
