Bills Introduced to Permit ATVs and Motorized Vehicles Throughout State Parks and Forests

At the moment, West Virginia does not allow ATVs and other motorized recreational vehicles in state parks, with Cabwaylingo State Park being the one exception. West Virginia law prohobits the Department of Natural Resources from establishing any additional trail systems for these noisy, destructive vehicles in state parks or state forests.

One powerful proponent of changing this is Senator Mark Maynard, Chair of the Senate Transportation and Infrastructure Committee. Sen. Maynard represents the four southern-tier counties of Wayne, Mingo, McDowell, and Mercer. On March 6, 2025 he introduced SB 711, which would remove that prohibition from the state code. However, this bill was removed from the committee’s agenda on the day it was to be considered, evidently because of a drafting error. It is unclear whether it will run later in the session. Last session when Sen. Maynard introduced a bill similar to SB 711 it ran into a storm of opposition. He may feel that the direct approach has a similarly low probability of success now.

So he has now introduced SB 754, which purports to be a bill opening recreational opportunities in state parks and forests to disabled West Virginians, but would actually prioritize development of trails and other access programs for ATVs and motorized vehicles in nearly every square mile of state parks and forests. SB 754 is pending before the Senate Natural Resources Committee. This bill directs the Division of Forestry, when developing motor vehicle use maps for public land, to

Prioritize the inclusion and approval of roads on public land that provide access to diverse opportunities for recreation, including . . .  the use of motorized vehicles or off-road vehicles (including electric bicycles and over-snow vehicles)

SB 754 would also create a presumption, rebuttable only by clear and compelling evidence, that would operate against the closure of any road that would result in a net decrease of authorized roads accessible to motorized vehicles or off-road vehicles. The effect of SB 754 would be roughly the same as that created by SB 711, but cloaked in a socially desirable purpose to open more areas to disabled people who cannot hike. Surely there is a better way to achieve that goal without sacrificing all state park and forest lands to damaging and annoying ATV traffic.

A list of the Senators on the Natural Resources Committee can be found here.