Document Citation: COMAR 08.01.03.06

Header:
CODE OF MARYLAND REGULATIONS
TITLE 08. DEPARTMENT OF NATURAL RESOURCES
SUBTITLE 01. OFFICE OF THE SECRETARY
CHAPTER 03. OFF-ROAD VEHICLES


Date:
08/31/2009

Document:

.06 Operating Requirements for ORVs on Department Lands.

A. Operating Requirements.

(1) Snowmobiles may be operated only on ORV trails designated for snowmobile use.

(2) A snowmobile may be used on trails designated for its use from December 15 through March 15 of each year, except for certain trails which may be closed to facilitate hunting activity during firearms season or other seasonal special events.

(3) The manager may open or close trails at any time of the year based upon consideration of overall physical, environmental, and recreational use for:

(a) Removing trail hazards;

(b) Conducting educational programs, safety programs, or special events; or

(c) Using snowmobile trails when snow conditions warrant.

(4) A snowmobile ORV trail may be closed at any time by the manager when one or more of the following conditions occur on the trail:

(a) Insufficient snow;

(b) Dangerous or defective conditions; or

(c) Use that may:

(i) Threaten or harm wildlife, or

(ii) Conflict with other recreational uses.

B. Exceptions to the restrictions set forth in ยง A of this regulation may be made by the Secretary.

C. Except for snowmobile trails designated for two-wheel and four-wheel vehicle use during deer firearm season, as set forth in COMAR 08.03.03, ORVs, other than snowmobiles, are prohibited from use on snowmobile trails from December 15 through March 15 of each year.

D. An individual may not operate an ORV on ORV trails:

(1) In a reckless, careless, or negligent manner;

(2) In willful or wanton disregard for the rights or safety of an individual or property;

(3) While under the influence of alcohol or drugs;

(4) In a manner which causes damage to property, wildlife, vegetative resources, or individuals;

(5) In an area customarily used for vehicular traffic or parking;

(6) In a manner to cause or permit the obstruction of traffic by unnecessary parking or stopping; or

(7) In an area not designated by this chapter.

E. Closings.

(1) A restricted area of operation may be posted at any time by the Department against public entry of the area for the protection of the environment or visitors and during:

(a) Periods of construction, maintenance, or adverse road conditions;

(b) Periods of forest operations or high fire hazard; or

(c) Hunting seasons or other special events.

(2) If an area identified in Regulation .11 of this chapter is required to be closed for more than 6 months in a calendar year, the suitability of the area for ORV use shall be reviewed and modified according to the provisions of Regulation .10 of this chapter.

F. Except for an individual with a special permit under COMAR 08.03.10.09, while in or on an ORV, an individual may not:

(1) Possess a loaded weapon;

(2) Discharge a weapon on or across a road or trail; or

(3) Pursue wildlife.

G. An ORV is subject to the provisions of other applicable Department regulations.

H. An individual shall obey any reasonable or lawful order of a commissioned officer in connection with the use or operation of an ORV.