Today, the California Court of Appeal in Ventura held that the California Coastal Commission (CCC) exceeded its authority in attempting to ban OHV at Oceano Dunes.
The Court stated: “The Commission’s attempt to ban OHV use at Oceano Dunes contradicts the plain language of the certified [Local Coastal Plan (LCP)]. Such a ban thus amounts to amending the LCP, a power reserved to the County.”
It further stated: “Here, we conclude the Commission did not have the authority to phase out OHV use by unilaterally amending the Oceano Dunes [development permit] because the LCP permits such use.
The LCP states that one of its goals is to ” ‘maximize public recreational opportunities’” – including OHV use—at Oceano Dunes.”
The ruling affirms the San Luis Obispo County Superior Court’s July 19, 2023 ruling which addressed four lawsuits – three brought by Friends of Oceano Dunes and one by EcoLogic Partners. As Friends wrote in its brief: “This case addresses the limits of the CCC’s authority when it cramdowns an amendment to a 42-year-old [permit] to ban OHV recreation, contrary to the governing LCP that expressly authorizes OHV riding in barren sand [Environmentally Sensitive Habitat Area (ESHA)].”
Friends’ victory ensures continued OHV recreation at Oceano Dunes.
A recent study showed that Oceano Dunes’ visitors from outside San Luis Obispo County generate more than $500 million in economic impact annually. Closure would devastate the south County economy for years.
Friends’ Board of Directors remain committed to pursue all legal remedies to protect beach driving, camping and OHV recreation at Oceano Dunes SVRA the way it has been occurring for the last 100 years.
Friends of Oceano Dunes is a 501(C)(3) California not-for-profit corporation expressly created in 2001 to preserve camping and off-highway vehicle recreation at the Oceano Dunes State Vehicle Recreation Area (ODSVRA). Friends is a grass root volunteer organization which represents approximately 28,000 supporting members and users of the Oceano Dunes SVRA. www.oceanodunes.org
The post Friends of Oceano Dunes wins key decision against the Coastal Commission appeared first on UTV Guide.
