Commissioners struggle for clarity on Marble resolution

Decision delayed until May 18

[ By Katherine Nettles ]

While Gunnison County commissioners appeared initially prepared to vote Tuesday to update previous measures allowing All-Terrain Vehicles (ATVs) or Off-Highway Vehicles (OHVs) on County Road 3 in Marble, they decided to hold off on the decision for two weeks and gather additional information. The decision came after what was at times an emotional and contentious discussion about the ongoing issues in Marble of illegal parking, trail crowding, natural resource damage and noise pollution along the Lead King Loop within the White River National Forest.

Commissioners have been working with various stakeholders to manage the high visitation and trail crowding problems in Marble. Current plans include increased sheriff’s department presence there this summer and a Memorandum of Understanding between the town of Marble, Gunnison County and the USFS to provide paid enforcement officers twice per week in the area. Commissioners have also encouraged the USFS to update its travel management plan, though that part of the process could take years to complete.

Commissioners also had a resolution on their agenda for May 4 to repeal a previous resolution from 2018 allowing ATVs on part of County Road 3 just outside the town limits of Marble. The idea was to replace it by authorizing ATV use on an expanded portion of County Road 3, to the top of Daniel’s Hill, according to the county document. Currently ATV use is permitted only to the bottom of the hill.

Commissioner chairperson Jonathon Houck reviewed that he held office at the time of the previous resolutions and that the county had expected to work out other arrangements with the USFS that had not been successful. County attorney Matthew Hoyt said a new resolution could clarify the intent of the original resolution allowing ATV use to the top of Daniel’s Hill. “The intent was to reach the USFS boundary,” said Hoyt.

Several residents of Marble took issue with this proposal, having called for the county to ban ATV use on County Road 3 altogether, and for the Forest Service to put an emergency closure in place for ATVs on the Lead King Loop.

These residents questioned commissioners’ proposed resolution to expand ATV use instead, and commissioners stated they have been overwhelmed with “an avalanche” of e-mails and phone calls in the past several days.

Commissioners allowed written public comments using the chat box on Zoom during their meeting on Tuesday, but Houck asked only for comments that had not already been submitted to the county.

Greg Staple suggested that the Forest Service should “make a temporary emergency road closure to protect public safety,” and asked the county to formally ask for that action while working on a long-term solution.

Alex Meynard also suggested that the county prohibit ATVs on county roads, then approach the USFS to modify the forest plan.
Commissioner Roland Mason and Houck said they had asked for USFS assistance repeatedly and had previously placed trail user counters in the area to help collect needed data to aid in a travel management revision process.

White River National Forest Aspen/Sopris district head Kevin Warner, also on the call, said the USFS was willing to listen to all sides, but an emergency ban would be for things like natural disasters and would also ban any other users from the area. He said a long-term revision would require an extensive public process and representation from the motorized users group as well.

“We manage it for everyone,” said Warner of the user base. He said the USFS would participate in the process once the Lead King working group gets clear on what they are working toward.

Staple challenged that. “Ranger Warner is incorrect re the time and effort required for an emergency temporary road closure just for OHVs in the interest of public safety.”

County manager Matthew Birnie also clarified that Pitkin County does not have an ATV ban. “County roads are closed to these vehicles under state law unless a County affirmatively allows it. The difference is in what the USFS allows under its travel management plans,” he said.

Teri Havens wrote that signing the resolution would double the stretch of road for ATV use in an area already overrun by them. “You are doing something even more egregious…you can arbitrarily sign a resolution that extends ATV access by claiming, without any clear evidence, that the “intent” of a resolution signed many years ago was actually intended to be double the territory.”
Havens also argued for an emergency ban “as an interim management solution.”

Katherine Fry wrote, “As a new resident off of CR3, I am also here to request Gunnison County to implement an emergency ATV ban as an interim management solution.”

“I don’t think anyone in this room believes that will make the problem go away,” said Houck.

One person who identified himself simply as Brett wrote, “Having a member of the Sheriff’s Deputy present is a ‘part’ of the solution. Having a Forest Service representative present is ‘part’ of the solution. Banning OHV use on CR3 is also ‘part’ of the solution.”

Houck addressed accusations of the board trying to sneak the item into its agenda or of ignoring the problem. “I’m frustrated because what I’m hearing is just make that decision and be done with it and we’re settled. And that, for me, creates roadblocks and barriers to working with other partners on this, such as the Forest Service and the town. If we walk away from problem solving, the problem still exists.”

Commissioner Liz Smith said she was having a particularly hard time with the issue. “I can’t emphasize enough how urgent I see this problem is and how difficult it is for me as a newcomer walking into this with a set of conflicting core values,” she said. She spoke of her belief in community collaboration, but empathy for the pain that people are experiencing on County Road 3.

Smith said she would be more comfortable having additional time to examine the area and speak more with residents and visitors. All commissioners agreed and will revisit the proposed resolution on May 18.