Court rules against California agency’s off-roading ban

The California Court of Appeal ruled on March 24 that the California Coastal Commission exceeded its authority prohibiting off-road vehicles from driving through Oceano Dunes on the state’s Central Coast, Courthouse News Services reports. 

It was ultimately ruled that the commission did not have the authority to limit access to environmentally sensitive areas from off-roading vehicles. Only the San Luis Obispo County government and a coastal planning policy process called local coastal programs (LCP) have that power, the court ruled. 

“The LCP states that one of its goals is to ‘maximize public recreational opportunities’ — including (off-highway vehicles) use — at Oceano Dunes,” Second Appellate District Associate Justice Hernaldo Baltodano writes.

Originally, the commission voted to restrict off-roading vehicle use at Central California’s Oceano Dunes State Vehicular Recreation Area by 2024, claiming the land was being ruined by off-roaders and air pollution.

Following the restriction, an independent group – Friends of Oceano Dunes – comprised of local citizens and business representatives sued the commission to regain access.

A judge ruled in 2023 that the commission overstepped its authority banning off-road vehicles.

It was found that the commission can only recommend local governments change its ground rules to protect the state’s beaches, wildlife and coastal habitats and to ensure public access.

Friends of Oceano Dunes also cited a recent study that claimed dunes’ visitors from outside San Luis Obispo County generate more than $500 million annually.

“Closure would devastate the south county economy for years,” Friends of Oceano Dunes says in a statement.

The LCP does its best to balance the interests of protecting the dunes with off-roaders rights by restricting where in the area vehicles can go while preventing “significant disruptions” to environmentally sensitive habitat areas. So, banning off-roading altogether wouldn’t make any sense, Baltodano writes.

“This is not to say that the commission’s unchallenged finding that OHV use significantly disrupts ESHAs is wrong; it is just not consistent with the LCP as currently written,” Baltodano added.

Source: Courthouse News Service