It’s official: Henry County has ordinance for off-road vehicles

The Henry County Board of Supervisors Tuesday approved the third and final reading of the ordinance governing all-terrain vehicles and utility terrain vehicles for use on county roads.

As it has in the past, the board split 2-1 to approve the proposal with board Chairman Marc Lindeen voting no.

After approving the ordinance, the board discussed how much to charge to register ATVs and UTVs in the county. Suggestions ranged from $25 up to $100.

The fee will be set in a resolution that will be on the board agenda as soon as next week.

Supervisor Chad White, who initially suggested the county look at an ordinance for off-road vehicles in March, noted that $25 would generate $8,750 if 300 vehicles were licensed. A $50 free would generate $17,500 for 300 vehicles.

White said that the penalty for violating the ordinance by driving an unregistered vehicle is $100.

Supervisor Greg Moeller suggested $50 for the registration fee.

“I don’t think that’s too much; I don’t think that’s too little,” he said.

Lindeen said the registration fee could be reviewed after a year.

“You make the fee for the first year, and then you can change it,” he said.

There could be other changes coming, too. There is talk about removing restriction for driving off-road vehicles on roadways in county and state parks.

Henry County Conservation Director Caleb Waters said his board will be discussing some use of off-road vehicles in county parks.

He added that the big issue will be enforcement, noting a UTV passed his house over the weekend at 60 mph.

The new ordinance limits speeds to 35 mph on roadways for the off-road vehicles.

The ordinance states, “It is the intent of this ordinance to keep ATV and UTV operation on Henry County paved roadways to an absolute minimum.”

It allows for crossing a paved roadway and operating on a paved roadway only as far as the closest unpaved road. Speed of the vehicles is limited to 35 mph. Use is limited to an hour before sunrise and an hour after sunset unless the vehicle is equipped with adequate lighting.

What’s the difference between an ATV and a UTV? The new ordinance spells out the difference between the two.

All-terrain vehicles have a seat or saddle designed to be straddled by the operator and uses handlebars for steering control. A utility-terrain vehicle has a bucket or bench seat and has a steering wheel or control levers.

All ATVs and UTVs must be registered with the state Department of Natural Resources.

When White suggested an ordinance in March, he pointed to similar ordinances in surrounding counties.

“As we've known for the past several years, there's been an interest in ATV and UTV road use within Henry County,” he said. “All of our surrounding counties without exception have authorized the use of ATV and UTV on their secondary roads, and several of the municipalities within Henry County have authorized the use of them, too.”

“There's a public interest,” White said. “I've had a number of people contact me outside of the courthouse expressing an interest in an ATV/UTV ordinance.”

The city of Mt. Pleasant adopted its own UTV ordinance in October. Scott Martin, who lives near Salem Stub and is an active driver of ATV's, voiced his opinion at the time on having an ordinance for the entire county.

“We're active riders, and I'd like to see my county allow it,” he said.