28-1171. Definitions


In this article, unless the context otherwise requires:


1. "Access road" means a multiple use corridor that meets all of the following
criteria:


(a) Is maintained for travel by two-wheel vehicles.


(b) Allows entry to staging areas, recreational facilities, trail heads and
parking.


(c) Is determined to be an access road by the appropriate land managing authority.


2. "Closed course" means a maintained facility that uses department approved dust
abatement and fire abatement measures.


3. "Highway" means the entire width between the boundary lines of every way
publicly maintained by the federal government, the department, a city, a town or a county
if any part of the way is generally open to the use of the public for purposes of
conventional two-wheel drive vehicular travel. Highway does not include routes
designated for off-highway vehicle use.


4. "Mitigation" means the rectification or reduction of existing damage to natural
resources, including flora, fauna and land or cultural resources, including prehistoric
or historic archaeological sites, if the damage is caused by off-highway vehicles.


5. "Off-highway recreation facility" includes off-highway vehicle use areas and
trails designated for use by off-highway vehicles.


6. "Off-highway vehicle":


(a) Means a motorized vehicle when operated primarily off of highways on land,
water, snow, ice or other natural terrain or on a combination of land, water, snow, ice
or other natural terrain.


(b) Includes a two-wheel, three-wheel or four-wheel vehicle, motorcycle, four-wheel
drive vehicle, dune buggy, amphibious vehicle, ground effects or air cushion vehicle and
any other means of land transportation deriving motive power from a source other than
muscle or wind.


(c) Does not include a vehicle that is either:


(i) Designed primarily for travel on, over or in the water.


(ii) Used in installation, inspection, maintenance, repair or related activities
involving facilities for the provision of utility or railroad service.


7. "Off-highway vehicle special event" means an event that is endorsed, authorized,
permitted or sponsored by a federal, state, county or municipal agency and in which the
event participants operate off-highway vehicles on specific routes or areas designated by
a local authority pursuant to section 28-627.


8. "Off-highway vehicle trail" means a multiple use corridor that is both of the
following:


(a) Open to recreational travel by an off-highway vehicle.


(b) Designated or managed by or for the managing authority of the property that the
trail traverses for off-highway vehicle use.


9. "Off-highway vehicle use area" means the entire area of a parcel of land, except
for approved buffer areas, that is managed or designated for off-highway vehicle use.