Court rejects Oceano Dunes off-roading ban 

A landmark ruling from the San Luis Obispo Superior Court ensured off-road driving on the Oceano Dunes won't come to a screeching halt by 2024.

Judge Tana Coates released her ruling on July 19, bringing closure to four lawsuits—three brought by Friends of Oceano Dunes, and one by EcoLogic Partners—that challenged the California Coastal Commission's March 2021 decision to phase out off-roading permanently in the Oceano Dunes State Vehicular Recreation Area (ODSVRA) by next year.

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• File Photo By Jayson Mellom
• 'HUGE VICTORY' Friends of Oceano Dunes and EcoLogic Partners prevailed in their lawsuits against the California Coastal Commission's decision to phase out off-roading in the Oceano Dunes state park by 2024. The July 19 court ruling hinged on inconsistencies with the county's current certified local coastal program.

"The court's ruling is narrow; it is based solely on the commission's authority to

impose a permanent prohibition on [off-highway vehicle] driving at the ODSVRA under current statutes and the county of San Luis Obispo's current certified local coastal program [LCP]," the ruling stated.

That local coastal program is a documented planning tool that helps outline development in coastal zones. The Coastal Commission reviews all coastal programs after either city councils or the county board of supervisors adopt them. The court said that under the Coastal Act, only the local government can amend its coastal program.

"With a certified LCP, the local government has original jurisdiction to issue CDPs [coastal development permits] for projects within its jurisdiction, and the commission has only 'limited' power to hear appeals from local approvals," the ruling read.

Certified in 1984 by the Coastal Commission, SLO County's local coastal program acknowledges that "continued use of the dunes by off-road vehicles has led to environmental degradation of this habitat and has eliminated historical daytime uses," but off-roading is allowed in specific environmentally sensitive areas of the state park if it's balanced by environmental protection efforts. To permanently ban off-highway vehicle use requires the SLO County Board of Supervisors to amend the local coastal program that accounts for such a blanket restriction, adopt it, and then have the Coastal Commission review it.

The court determined that the Coastal Commission acted beyond its powers by deciding to permanently stop off-roading in all parts of the Oceano Dunes state park without considering the changes required to the current local coastal program.

"The county, not the commission, is responsible for setting land use rules," the ruling read. "Whether the county could amend the LCP to prohibit [off-highway vehicle] recreation is not before the court."

The Coastal Commission is expected to review the ruling over Aug. 9 and 10. Friends of Oceano Dunes celebrated the legal decision with a press release calling it a "huge victory" for off-roading advocates.

Friends President Jim Suty said that the ruling protects jobs and local businesses situated in the state park and referenced a recent study that found visitors from outside SLO County who go to the dunes generated a total economic impact of more than $500 million in 2019.

Released in June, that study—conducted by Visit SLO CAL and tourism development advisor Resonance—looked at the future of the dunes should off-roading be permanently banned. It suggested creating a stewardship committee, expanding trail systems, improving education about the dunes, and setting up "unique" off-roading experiences like driving electric OHVs.

However, Visit SLO CAL President and CEO Chuck Davison told New Times that the ruling has "no real impact at all" on the study. He added that Visit SLO CAL doesn't have a stance on off-roading, and instead, focuses on promoting off-highway vehicle experiences while also placing restrictions in off-roading spaces to serve as a middle ground for all parties interested in the dunes.

"That study is really additive to what was happening at the dunes," he said. "We don't see the court ruling changing any of these great stewardship ideas."

The Air Pollution Control District said that the court ruling doesn't directly affect its dust mitigation efforts. District Executive Director Gary Willey said that the first draft of the 2024 mitigation plan is due from California State Parks on Aug. 1.

"Since litigation was in process, we have never assumed [off-highway vehicle] use would be eliminated when implementing the dust control program," Willey said. "We have seen significant improvement in air quality as a result of the program and that should continue to improve as the dust control vegetation areas mature."

The Oceano Beach Community Association urged SLO County leaders to protect the dunes. In a letter to New Times, it called the ruling a lesson on how to successfully proceed forward.

The association urged the new liberal majority of the Board of Supervisors to adopt an amended local coastal plan that restricts off-roading.

"To remain true to its deliberation and goal, the commission must immediately demand that our LCP be amended to banish driving on all areas of Oceano Beach and Dunes, thus aligning it with the Coastal Act," the letter read. "Our county must finally acknowledge responsibility whereas it has claimed none for the last 40 years." Δ