Should ATVs and UTVs Be Allowed in Road Ditches?

Season 6, Episode 279

Why Is Ditch Riding So Controversial?

The legality of driving ATVs, UTVs, and off-road motorcycles in county road ditches is a highly debated rural policy issue today. While these vehicles are generally prohibited from paved roads, ditch riding laws vary widely by township, county, and state.

At the heart of the debate are concerns about safety, property rights, environmental impact, noise and economic effects.

Safety Concerns

OHVs such as ATVs, UTVs, and dirt bikes are designed for off-road terrain—not public right-of-ways.

Critics argue that:

• Many OHVs lack standard roadway safety features.
• Their high center of gravity increases rollover risk.
• Riders may lose control on uneven ditch terrain.
• Proximity to vehicle traffic creates collision risks.

Property and Environmental Damage

Another major issue involves landowner responsibility and infrastructure damage.

Ditch riding can:

• Create ruts and soil erosion
• Destroy landscaping
• Damage public right-of-way infrastructure
• Increase noise complaints

Under North Dakota Century Code 63-05-01, adjoining landowners are responsible for cutting weeds and grasses along regularly traveled county and township highways—including vegetation within the public right-of-way.

If OHVs damage those areas, landowners may still be legally obligated to maintain them, increasing frustration and cost among property owners.

Economic and Community Impact

Because laws vary significantly:

• Check Local Ordinances: Regulations differ by town, county, and state—and can change quickly.
• Use Designated Trails Only: Riding is typically restricted to clearly marked and approved areas.
• Understand Age Requirements: Youth operators must meet state licensing or certification requirements.

A Decision That Impacts the Future of Rural Communities

The debate over ditch riding isn’t just about recreation—it’s about balancing safety, property rights, environmental stewardship, and economic vitality.

As county commissioners and townships consider whether to ban or strictly regulate OHVs in road ditches, the outcome could set a precedent for how rural communities manage off-road recreation in the years ahead.

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Jeff ‘Tigger’ Erhardt & Rebecca ‘BEC’ Wanner are passionate news broadcasters who represent the working ranch world, rodeo, and the Western way of life. They are also staunch advocates for the outdoors and wildlife conservation. As outdoorsmen themselves, Tigger and BEC provide valuable insight and education to hunters, adventurers, ranchers, and anyone interested in agriculture and conservation.

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