Chapter 10.16
OFF-HIGHWAY VEHICLE ROAD USE
Sections:
10.16.020 Off-highway vehicles prohibited on county roads, exceptions.
10.16.060 License terms and conditions.
10.16.010 Purpose.
To identify the requirements and procedures for the county to issue a license to commercial entities to use off-highway vehicles (OHV) on a county road to access public lands for recreational purposes. (Ord. 356 § 3, 2025)
10.16.020 Off-highway vehicles prohibited on county roads, exceptions.
Use of OHVs on county roads is prohibited except when a commercial entity has a valid county license issued under this chapter to use a county road to access public lands for recreational purposes or when an OHV owner or operator is performing agricultural duties and a slow moving sign is affixed to the OHV. (Ord. 356 § 4, 2025)
10.16.030 Definitions.
The definitions used in this chapter are:
(1) “County” is Crook County, a political subdivision of the state of Oregon.
(2) “County road,” as defined by CCC 17.36.010(2)(b), is a road that has been accepted as a “county road” by formal action of the county court (i.e., board of county commissioners). The county road may or may not be maintained by the county.
(3) “Good operating condition” means an OHV is fully functional, reliable, and safe for its intended use, free from significant defect.
(4) “Licensee” is a commercial entity who the county has issued a license to access and use a designated portion of county road solely to access public lands for recreational purposes.
(5) “Off-highway vehicle (OHV)” is a motor vehicle predominately used for recreation, construction, farming, and ranching on unimproved roads, trails, and other terrain. These may include but not be limited to:
(a) “Recreational off-highway vehicles (ROVs)” are built for off-road recreational use and have characteristics that include side-by-side bucket seating, roll cages and seat belts, steering wheel controls, four-wheel or all-wheel drive, and advanced suspension systems.
(b) “Utility task vehicles (UTVs)” often are referred to as “side-by-sides” because of their typical side-by-side seating for two to six passengers. The characteristics of UTVs include side-by-side seating, roll cages and seat belts, four-wheel or all-wheel drive, and cargo space.
(c) “All-terrain vehicles (ATVs)” are commonly referred to as “four-wheelers” or “quad bikes.” They have motorcycle-like seating, handlebar steering and four large, low-pressure tires that provide enhanced traction. They are open-air vehicles and do not have roll cages or any other protective structures. The characteristics of ATVs are four-wheel or two-wheel drive, high ground clearance, and handlebar steering. (Ord. 356 § 5, 2025)
10.16.040 Requirements.
For a license to be issued under this chapter, the following requirements must be met:
(1) The OHV(s) to be used must either be an ROV or UTV. ATVs are not eligible to be used in conjunction with a license issued under this chapter.
(2) The OHV(s) must have seatbelts for the driver and all passengers, a passenger cabin or rollover cage, steering wheel, foot pedals, headlights, taillights, brake lights, turn signals, emergency or hazard light(s), horn, mirrors, and a first aid kit. The OHV(s) must be well-maintained and in good operating condition.
(3) License applicant must require OHV drivers be 21 years of age, possess a valid driver’s license, and complete OHV safety training prior to accessing or using a county road under this chapter. The license applicant also must require OHV passengers to be at least eight years of age.
(4) License applicant must show proof of a valid public land use or access permit. A license issued under this chapter will expire when the public land permit expires or two years from date of issuance, whichever is sooner.
(5) License applicant must show proof of commercial liability insurance, on a per occurrence basis, that covers bodily injury and property damage with minimum per occurrence and aggregate limits not less than the limits described in the Oregon Tort Claims Act for a local public entity, as those limits may change from time to time, and names Crook County as an additional insured.
(6) License applicant must show proof of automobile collision insurance, on a per occurrence basis, that covers bodily injury and property damage with minimum per occurrence and aggregate limits not less than the limits described in the Oregon Tort Claims Act for a local public entity, as those limits may change from time to time, and names Crook County as an additional insured.
(7) License applicant must show proof of safety operating procedures that drivers, passengers, and guides must follow while traveling on county roads with OHVs. The operating procedures shall emphasize drivers and passengers to be vigilant of visibility, traffic, and weather conditions and exercise caution at all times. (Ord. 356 § 6, 2025)
10.16.050 Procedures.
This section establishes procedures to apply for a license under this chapter and for how the county is to review, approve, or deny a license application.
(1) A license applicant shall provide the following information when applying for a license under this chapter:
(a) Commercial entity’s business name, agent’s full name, mailing address, phone number, and e-mail address.
(b) Year, make and model of OHV(s).
(c) County road name or number on which the OHV(s) would be used.
(d) Number of OHVs traveling on a county road at one time.
(e) Number of times OHV(s) would travel on a county road per day and per week.
(f) Days per week OHV(s) would travel on a county road.
(g) Copy of commercial liability insurance certificate that meets the requirements under this chapter.
(h) Copy of commercial entity’s valid public land use or access permit.
(i) Copy of commercial entity’s safety operating procedures.
(2) During the application process and during the duration of any license, the applicant is responsible for updating the county in writing if any information described in subsection (1) of this section is changed. The county may rely on such information as is provided by the applicant for all purposes until the applicant has affirmatively informed the county of any change.
(3) The county road department is responsible for administering the license program under this chapter. It will review, recommend approval or denial of license applications in accordance with this chapter, and forward the application to the board of commissioners within 15 business days of receipt. The county road department shall recommend approval of a license application if it meets all the requirements under this section and may recommend one or more of the following use restrictions related to safety and/or weather conditions:
(a) Limit county road use to certain months of the year.
(b) Limit county road use to certain times during the day.
(c) Limit county road use to certain days of the week.
(d) Limit or prohibit county road use during icy, foggy, snowy, and/or freezing conditions.
(4) The application will be presented to the board of commissioners for consideration. The board will hold a public hearing, and invite public comment prior to deciding whether to approve, conditionally approve, or deny the application. The county road department shall issue a license to an applicant with an approved license application within 15 business days, which will include the license terms and conditions set forth in this chapter. The county shall provide a copy of issued licenses to the Crook County sheriff’s office.
(5) The county road department shall charge a code enforcement fee in accordance with the county fee schedule to administer and enforce the license program under this chapter. A county department may not charge an admission or access fee for use of the county road.
(6) Once issued, no license may be transferred. The county will maintain records on applications and issued licenses in accordance with state records retention law.
(7) The county may revoke an issued license for a violation of any term, condition, prohibition, restriction, or requirement of this chapter. The county shall inform the licensee of the revocation and the reason for it in writing by U.S. mail or electronic mail. The license revocation procedures described in this chapter are the exclusive procedures for Crook County and licensee for all matters described therein. (Ord. 356 § 7, 2025)
10.16.060 License terms and conditions.
The terms and conditions of a license issued under this chapter are:
(1) The county road used pursuant to a license issued under this chapter is not improved, designed, or maintained for the specific purpose of providing access for recreational purposes and said use of the county road is “as is” and at licensees’, drivers’ and passengers’ own risk. Licensees, drivers, and passengers using a county road pursuant to this chapter shall be vigilant of visibility, traffic, and weather conditions and exercise caution at all times.
(2) Licensee and licensee’s OHV drivers shall access and use only the part(s) of the county road and only during the months, days, and/or times identified in the license.
(3) Licensee and licensee’s OHV drivers shall comply with all prohibitions, restrictions, and requirements identified in the license.
(4) Licensee shall maintain the OHV(s) and all required safety features in good operating condition.
(5) Licensee shall maintain the required commercial liability insurance and a valid public land use/access permit for the duration of the license period.
(6) Licensee shall keep a copy of a valid license issued under this chapter in at least one OHV accessing or using a county road and at the licensee’s local place of business.
(7) Licensee shall assume defense of, indemnify, and hold harmless the county, its officials, employees, volunteers, and agents from all claims, liability, loss, damage and injury of every kind, nature and description, directly or indirectly resulting from use of the county road by licensee and/or licensee’s OHV drivers and/or passengers, or the acts, omissions, operations, or conduct of the county, irrespective of whether any act, omission or conduct of the county connected with the county road or its condition is a condition or contributory cause of the claim, liability loss, damage or injury, and irrespective of whether act, omission, or conduct of the county is merely a condition rather than a cause of a claim, liability loss, damage or injury.
(8) Such other conditions as the board of commissioners may prescribe.
(9) The approval of any license is expressly conditioned upon the applicant consenting to the personal jurisdiction of Oregon court for any matter related to the license and this chapter. (Ord. 356 § 8, 2025)
10.16.070 Appeals.
A decision of the board of commissioners under this chapter shall be reviewable by the circuit court of the state of Oregon for the county of Crook, solely and exclusively by writ of review under the provisions of ORS 34.010 through 34.100. (Ord. 356 § 9, 2025)