Commish's Corner

Lincoln County Commissioner

After seven months of waiting for an attorney general opinion, we finally have answers to our questions.

All of the questions we asked revolve around RCW 46.09.360 which states that counties have the authority to open roads to “off-road vehicles.” Counties do have the authority to designate roads with a speed limit exceeding 35 mph for ORV use, but the statute specifically excludes “wheeled all-terrain vehicles.”

So, the crazy part is that a four-wheeler, motorcycle, dune buggy, ATV, UTV and WATV all fit the definition of an ORV – and the county has the authority to designate roads for their use. But, a WATV (also) must be licensed, display a metal tag issued by the Department of Licensing and can’t operate on roads with posted speeds over 35 mph. Using simple logic then, one might assume that the only difference between an ORV and a WATV is the metal license plate. So, why not just take off the metal plate, call it an ORV and allow its use on any designated road regardless of the speed limit?

The problem lies in the fact that the legislature has provided a specific definition for a “wheeled all-terrain vehicle” or WATV.

“Wheeled all-terrain vehicle” means (a) any motorized nonhighway vehicle with handlebars that are 50 inches or less in width, has a seat height of at least 20 inches, weighs less than 1,500 pounds and has four tires having a diameter of 30 inches or less, or (b) a utility-type vehicle designed for and capable of travel over designated roads that travels on four or more low-pressure tires of 20 psi or less, has a maximum width less than 74 inches, has a maximum weight less than 2,000 pounds, has a wheelbase of 110 inches or less and satisfies at least one of the following: (i) Has a minimum width of 50 inches; (ii) has a minimum weight of at least 900 pounds; or (iii) has a wheelbase of over 61 inches.

If a four-wheeler or any other vehicle fits this definition, then it is a WATV and cannot be ridden on any ORV-designated road with a speed limit over 35 mph. If you’re thoroughly confused now don’t feel like the Lone Ranger!

In speaking with a representative from the Eastern Washington ATV Association who helped draft the legislation, it was never the intent to take away the authority of the counties to open roads over 35 mph. Nonetheless, according to the Attorney General and the way the statute reads, that is the case.

So, what now? Since all county roads in Lincoln County have a 50-mph limit unless otherwise posted, that leaves only a few miles of roads with speed limits under 35 mph. The real solution would be a small legislative change that specifies that a WATV is an ORV. I will be contacting the legislators who sponsored the WATV bill and see if we can make that happen.

On another note, you may have noticed some new towers popping up in Lincoln County. Five of them are owned by 52-Eighty, a company that will rent space to T-Mobile which will soon (by the end of June) provide service throughout the area.

Cell towers aren’t the only things popping up. We are excited to start construction on the new Lincoln County Public Works Mechanics Shop. This will be a 15,000-square-foot facility with the capability of handling repairs and maintenance of all Public Works equipment including the crusher. The new shop will be located on Highway 25 just south of the Public Works Administration Building.

The design is far from elaborate but very well thought out, energy efficient and provides much needed additions such as an EPA-compliant paint booth and a covered wash bay. The current shop, located near the hospital, is far beyond its useful life. The old shop uses a tremendous amount of energy and is not designed to accommodate today’s equipment efficiently. The energy savings alone, coupled with the increased efficiency of having all facilities located together, make this a sensible project. The old shop will be demolished and the land declared surplus.

While it might be that the county could “get by” with its current facility, we as commissioners are entrusted with efficiently providing services not only for today but for many generations to come. In fact, it is required by statute that the legislative authority shall, “provide for the erection and repairing of….necessary public buildings.” There comes a time when everything needs to be replaced, and we feel this project is long overdue. The facility will be built by Lydig Construction and work should start soon.

Some major road improvements scheduled for this year include asphalt overlays on sections of Rocklyn Road and Duck Lake Road. These sections are about 4 and 5.5 miles, respectively. The Rocklyn Road overlay is not in the area that is the worst section of that road. That section will need to be completely rebuilt, but the good news is that it has been approved for funding. Construction probably won’t start until 2017 or 2018.

As always, feel free to contact me anytime with questions or concerns at rcoffman@co.lincoln.wa.us or 509-641-0099.