Post by Bobcat on Jan 8, 2004 13:32:58 GMT -5
Texas Riverbed Vehicle Prohibition Starts in January
AUSTIN, Texas - Beginning Jan. 1, motor vehicles may not be operated in most Texas riverbeds, according to a new state law. Several communities in various parts of the state are developing or considering local access plans that would allow limited vehicle access in specified areas, and some rivers are exempt from the law.
For several months, Texas Parks and Wildlife Department game wardens have been notifying people they encounter on or near rivers that the new law is about to take effect. Starting in January, game wardens, local sheriff's deputies and other peace officers will enforce the law. A first offense is a Class C misdemeanor, punishable by a fine of as much as $500. Repeat offenders could face higher fines and jail time.
The new law pertains to any “navigable river or stream” in Texas except for the Canadian River and the Prairie Dog Town Fork of the Red River in the Panhandle.
The law prohibits motor vehicles from operating in “that portion of the bed, bottom, or bank of any navigable river or stream that lies at or below the gradient boundary of the river or stream.”
It defines navigable river or stream as “a river or stream that retains an average width of 30 or more feet from the mouth or confluence up.”
A motor vehicle is defined as “any wheeled or tracked vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used to transport a person or thing.”
The public continues to have the right to travel along navigable waterways as long as the restrictions on motor vehicle use are observed. The law says “a person may not restrict, obstruct, interfere with, or limit public recreational use of a protected freshwater area.” It also contains various exemptions for motor vehicle use in riverbeds by emergency and law enforcement personnel, utility workers, adjacent landowners and others.
The law grew out of Senate Bill 155, sponsored in the Texas Senate by Sen. Judith Zaffirini of Laredo. Rep. Robert Puente of San Antonio sponsored a companion bill in the Texas House of Representatives.
The law provides that cities, counties or river authorities may create Local River Access Plans that allow motor vehicles in specified riverbed areas. These plans must be approved by TPWD. Local plan administrators may collect a fee for vehicle riverbed use. Local plans must protect public safety, provide adequate enforcement, coordinate with adjacent and overlapping jurisdictions, provide for and publicize adequate public access and protect private property rights.
For example, the City of San Felipe is planning to submit a proposed Local River Access Plan. The town is proposing to allow a limited number of vehicles to cross a portion of the Brazos River for the specific purpose of accessing an island in the center of the river when the river level drops too low to launch a boat from the riverbank. This island is directly adjacent to the traditional launch site, and is where citizens have historically launched boats when the river dries up or is too shallow to launch boats from the riverbank.
The Uvalde County Commissioners Court has appointed a river access committee to study the matter and recommend to commissioners whether the county should create and implement a local access plan.
Also, several county judges in the Panhandle have asked for copies of local plan guidelines, including two counties that inquired regarding the Pease River.
The law also directs TPWD to “facilitate the development of motor vehicle recreation sites that are not located in or on a protected freshwater area.” The department administers the National Recreational Trails Fund in Texas, awarding grants to build or maintain trails for hiking, biking and similar uses. This is funded by a portion of federal gasoline taxes on non-highway recreational vehicles. By law, a certain percentage of funds are supposed to be used for motor vehicle trails, but TPWD has historically received few grant applications to meet this need. The department is now actively seeking appropriate sites and grant proposals that provide alternatives for off-road vehicles away from rivers and other sensitive areas.
SB155 did not clarify or change the legal definition of a navigable river or stream. This has long been a source of confusion and controversy in Texas, with river recreationists and private property owners sometimes clashing about whether a particular area on or near a river is considered “navigable” according to the law. A key issue is where the “gradient boundary” at a river’s edge actually lies.
AUSTIN, Texas - Beginning Jan. 1, motor vehicles may not be operated in most Texas riverbeds, according to a new state law. Several communities in various parts of the state are developing or considering local access plans that would allow limited vehicle access in specified areas, and some rivers are exempt from the law.
For several months, Texas Parks and Wildlife Department game wardens have been notifying people they encounter on or near rivers that the new law is about to take effect. Starting in January, game wardens, local sheriff's deputies and other peace officers will enforce the law. A first offense is a Class C misdemeanor, punishable by a fine of as much as $500. Repeat offenders could face higher fines and jail time.
The new law pertains to any “navigable river or stream” in Texas except for the Canadian River and the Prairie Dog Town Fork of the Red River in the Panhandle.
The law prohibits motor vehicles from operating in “that portion of the bed, bottom, or bank of any navigable river or stream that lies at or below the gradient boundary of the river or stream.”
It defines navigable river or stream as “a river or stream that retains an average width of 30 or more feet from the mouth or confluence up.”
A motor vehicle is defined as “any wheeled or tracked vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used to transport a person or thing.”
The public continues to have the right to travel along navigable waterways as long as the restrictions on motor vehicle use are observed. The law says “a person may not restrict, obstruct, interfere with, or limit public recreational use of a protected freshwater area.” It also contains various exemptions for motor vehicle use in riverbeds by emergency and law enforcement personnel, utility workers, adjacent landowners and others.
The law grew out of Senate Bill 155, sponsored in the Texas Senate by Sen. Judith Zaffirini of Laredo. Rep. Robert Puente of San Antonio sponsored a companion bill in the Texas House of Representatives.
The law provides that cities, counties or river authorities may create Local River Access Plans that allow motor vehicles in specified riverbed areas. These plans must be approved by TPWD. Local plan administrators may collect a fee for vehicle riverbed use. Local plans must protect public safety, provide adequate enforcement, coordinate with adjacent and overlapping jurisdictions, provide for and publicize adequate public access and protect private property rights.
For example, the City of San Felipe is planning to submit a proposed Local River Access Plan. The town is proposing to allow a limited number of vehicles to cross a portion of the Brazos River for the specific purpose of accessing an island in the center of the river when the river level drops too low to launch a boat from the riverbank. This island is directly adjacent to the traditional launch site, and is where citizens have historically launched boats when the river dries up or is too shallow to launch boats from the riverbank.
The Uvalde County Commissioners Court has appointed a river access committee to study the matter and recommend to commissioners whether the county should create and implement a local access plan.
Also, several county judges in the Panhandle have asked for copies of local plan guidelines, including two counties that inquired regarding the Pease River.
The law also directs TPWD to “facilitate the development of motor vehicle recreation sites that are not located in or on a protected freshwater area.” The department administers the National Recreational Trails Fund in Texas, awarding grants to build or maintain trails for hiking, biking and similar uses. This is funded by a portion of federal gasoline taxes on non-highway recreational vehicles. By law, a certain percentage of funds are supposed to be used for motor vehicle trails, but TPWD has historically received few grant applications to meet this need. The department is now actively seeking appropriate sites and grant proposals that provide alternatives for off-road vehicles away from rivers and other sensitive areas.
SB155 did not clarify or change the legal definition of a navigable river or stream. This has long been a source of confusion and controversy in Texas, with river recreationists and private property owners sometimes clashing about whether a particular area on or near a river is considered “navigable” according to the law. A key issue is where the “gradient boundary” at a river’s edge actually lies.
