2024 Off-Road Vehicle (ORV) Ordinance - Why the Rush?

2024 Proposed Off-Road Vehicle (ORV) Ordinance – For the Record. Includes notes and audio from the meetings.

July 19, 2024. Now that the ordinance has passed, advocates have the opportunity to demonstrate that it is a positive change for the county. Opponents will have the opportunity to make their case for any needed changes.

July 17, 2024, ORV Ordinance was approved. Commissioner meeting notes and audio.

Meeting Change. The July 3 meeting was moved to July 10 at 2:00.

July 10, 2024. Commissioner Meeting – Ordiance read into the record. My notes, audio, my statement/position in the following Post.

June 24, 2025. The latest version of the ordinance: Brown County ATV UTV Ordinance Draft

2021 Draft – provided at the June 5, 2024 County Commissioner Meeting,

Meeting Dates” June 24, 25, July 3rd (First Reading) and July 17th (Final/Second Reading and approval of the Ordinance).
June 9, 2024. “Discussion Guide”
June 15, 2023. Updated Version: 20240615 ORV Ordinance -A Meeting Outline for the Proposed Ordinance
Post on the Topic at Brown County Matters.

Why the rush? A committed interest group with the right connections and the support of at least two commissioners (Pittman and Wolpert are lame ducks) following a fast-track process is not the best approach for getting community support for a significant change.

This issue was raised in 2010 and 2021, but no action was taken. No political candidate raised the idea in the 2022 or 2024 primary elections.
The risk is that many, if not most, citizens will not be aware of the change until they see “ORVs” running up and down their road. Noise, safety, and lack of enforcement are a few of the more common concerns from communities that have adopted an ORV ordinance. Brown County does not have a noise ordinance.
Other communities rely on ORVs as a source of commercial and tourism revenue, and some counties limit ORV ordinances to farm equipment.
And, unlike Brown County, other communities are not already tourism destinations. We get about 3 million visitors a year.
Due diligence requires more than two meetings back-to-back (June 24 and 25), followed by a first and second reading a few weeks later (July 3 and 17). The current draft is too generic and lacks detail. For instance:
- The scope of the ordinance references that “a number of citizens of Brown County, Indiana desire to operate off-road vehicles upon the county highways and roadways in Brown County;” Use of ORVs on county roads cannot be limited to residents only, and the ordinance should reflect this fact.
- Section 5.2 allows for no ORVs on some roads. What are the criteria for exempting a road from ORV use? Safety, complaints from neighbors, accidents, type of ORV, dust, noise, traffic, …? Examples of the criteria can be included in a new draft.
- Age 18 requirement. Indiana requires a valid driver’s license that can be obtained at age 16. Can the county legally require an age requirement of 18?
The July 3 and 17th meetings could be considered additional meetings that will allow responses to questions and concerns raised at the first two meetings and submitted via email.
If there is public support, and the benefits are perceived to exceed the cost and risks, a revised draft can then be developed, followed by a first and second reading at a later time.
Another challenge is the lack of coverage of the issue in the local paper. This topic warranted a series of articles to educate citizens on the various types of ORVs and interviews with those favoring and opposing the ordinance, and the criteria for exempting a road from ORV use. The likelihood of attracting more tourists who may be interested in running their ORV on county roads may also be of interest.