California’s highest court has ruled that off-roading can continue at the Oceano Dunes.
On Wednesday, the state Supreme Court refused to consider a California Coastal Commission petition disputing an appeals court decision that allowed off-roading at the park.
The decision was a major victory for Friends of the Oceano Dunes and off-roading fans in the long-running battle over vehicle access to the Oceano Dunes State Vehicular Recreation Area.
In upholding the lower court’s ruling, the state Supreme Court agreed that the commission’s attempt to ban off-road vehicles at the Dunes contradicts the language of the Local Coastal Plan put in place by San Luis Obispo County. That means it’s up to the county — not the Coastal Commission — to decide whether the Dunes should be open to vehicles.
However, the lower court said it would not resolve any contentions in other cross-appeals filed by Friends, and it did not base its opinion on the cultural, scientific or policy-based reasons for supporting or opposing an OHV ban.
“These provisions make clear that the governing LCP (Local Coastal Plan) permits OHV use at Oceano Dunes,” the lower court’s opinion read. “And while the carrying capacity of different areas of the park may be ‘readjusted as conditions warrant,’ any moratorium must come from the county, not the commission.”
If the Coastal Commission wants the Dunes closed to vehicular use, it must take the issue up with the county or state Legislature to amend the Local Coastal Plan, the opinion said.
Friends of the Oceano Dunes Applaud Decision
Friends of the Oceano Dunes president Jim Suty told The Tribune that he was pleased with the decision.
“The Oceano Dunes means a great deal to me and my family,” he said. “We’ve been recreating out there for over 50 years, and we want this treasure to continue for families like mine to enjoy camping, OHV recreation, on a beautiful beach in California that’s affordable.”
Friends of the Oceano Dunes, a nonprofit organization, represents about 28,000 members, he said. He said camping at the Dunes is a valuable family bonding experience — from spending time in the garage fixing up the ATV before the trip, to sitting around the campfire gazing at the stars. Off-roading also allows kids to experience adventure and independence, he said.
“When I was a growing up and I was on my first ATV, it allowed me to — as an individual — to be free to roam and enjoy the beautiful surroundings,” he said. Meanwhile, he said tourism at the Oceano Dunes generates millions of dollars for the local community, thanks to people paying for hotels, restaurants, ATV rentals and more.
“It’s an opportunity for the community to really embrace the tourist dollars,” he said. The California Coastal Commission did not immediately respond to The Tribune’s request for comment.