Public comments offered to the Burleigh County Commission

Monday, April 6, 2026

My name is Kay LaCoe, I live in Burleigh County.

I am here to ask for a “no” vote on the proposed ordinances or the moratorium resolution. Not because nothing should be done, but because there has not been enough time to fully develop, vet, and evaluate workable solutions - including several that have already been identified but not yet explored in a meaningful way.

Right now, we are at risk of putting broad, permanent policy in place before we have done the work to fully understand what solutions will hold up for the greater good of the County and its residents.

Two things can be true at once. There are real impacts in certain areas of the county that need to be addressed. AND there is also lawful use of public right-of-way that should be respected.

The question is not whether to act. The question is whether we are reacting, or whether we are taking the time to do this right. I have reviewed the proposal presented in your packets from the OHV vendor group. They present several very viable solutions; however they would greatly benefit from more time to fully explore their implications, costs, and implementation timelines. 

My Recommendation

My recommendation is to take a structured, time-bound approach before moving forward with permanent decisions, allowing these and other potential solutions to be fully explored.

I encourage a three-pronged approach by:

• First, implementing temporary, targeted enforcement through the third quarter of this year.

• Second, conducting a clear assessment of damage in the areas of concern, including what that damage is and what it impacts.

• Third, establishing a time-bound task force or advisory group to bring forward recommendations.

I will briefly provide the rationale for each of those pieces:

Enforcement

On enforcement, I do support increased presence and substantially increased fines, including a tiered structure for repeat violations. One of the core challenges here is identifying violators. Without enforcement capacity, any ordinance becomes difficult to apply in practice.

Damage Assessment

Significant cost exposure for ditch repair has been shared at the previous meeting, but without a clear breakdown of what damage is recent, what is historic, and what is impacting function.

Decades of deferred or unaddressed issues cannot be attributed to current activity without a clear assessment. A structured evaluation that identifies where damage is affecting water conveyance or stormwater function, what is aesthetic, and what requires immediate attention would provide the public with much needed information.

Not all ruts are equal, and not all of them justify the same level of response. Without that distinction, we risk making decisions based on generalized concern rather than identified need.

Task force

That brings me to the task force, what I believe is the most important step this Commission could take.

The OHV issue is currently being approached in silos, with different groups trying to develop solutions independently. That is not going to produce a durable outcome. It will further divide the people involved and make implementation more difficult.

I commend these citizen-led groups. But this is a county issue, and a county-led process helps bring everyone to the table.

I would encourage you to establish a time-bound task force that brings all sides of this issue to the table, landowners, users, law enforcement, and staff, with a clear charge to investigate the problem, evaluate options, and bring forward solutions.

That should include immediate mitigation options, enforceable policy approaches, criteria for any future restrictions, a framework for assessing and prioritizing damage, and, if needed, potential legislative considerations.

Just as importantly, it needs to be a collaborative process.

Placing the burden of solution development primarily on vendors or user groups is a less effective approach. It can create division instead of shared ownership which can limit the quality of the outcome.

The entire county would benefit from the Commission’s leadership in this process by setting a clear path, bringing the people together, and working toward something that is balanced and workable.

This is not about avoiding action. It is about being collaborative and purpose-driven.

Immediate Solutions

Finally, I want to address what can be done immediately and until the previously outlined approach has been allowed to produce results and recommendations.

First, the County can amend its proposed resolution to limit OHV use within the ETA, described as being the area with the greatest issues, and add a sunset date.

Then, the County will be able to identify the stretches of right-of-way that are consistently being damaged and address those specific areas with temporary, clearly marked, restrictions. Those areas should be revisited as conditions change.

Next, the County can narrow the impact by clearly identifying OHV corridors in areas of greatest concern through signage and mapping – identifying corridors of use and areas of exclusion – each with clear expectations, including but not limited to time-of-day use and additional behavior standards.

It would also be helpful for the County to assist through signage and educational outreach to identify ditches that have not been dedicated right-of-way to the County, and guide riders to more conducive routes and locations for recreation.

In addition, travel within and around subdivisions should be addressed directly. That may mean no ditch riding in those areas, or use that is limited by conditions and time-of-day restrictions, along with an expectation of the most direct route of travel into and out of those developments.

Summary

Regardless, the approach or solution, applying a single, countywide trigger to a localized issue creates a mismatch. It stands to restrict areas that are not part of the problem while failing to meaningfully address the areas that are.

Let’s demonstrate how Burleigh County can be a leader in collaboration and solution-based approaches.

I ask the Commission for a no vote on of the proposed ordinances and/or the moratorium resolution as proposed. And instead lead the charge to work together, gather data, develop a workable solution, and come back with something you can enforce consistently and stand behind.