California court rules against Oceano Dunes OHV closure
Access to the beach via Pier Avenue will remain open
– This week, a significant development unfolded in the ongoing dispute over off-highway vehicle (OHV) recreation at Oceano Dunes State Vehicle Recreation Area (SVRA), as the San Luis Obispo County Superior Court has ruled that the California Coastal Commission lacks the authority, as per state law, to impose a complete ban on OHV activities at the site.
The court’s ruling encompassed four lawsuits, with three of them filed by Friends of Oceano Dunes and one by EcoLogic Partners. According to the court, if the Coastal Commission wishes to pursue an OHV ban at the park, it must first secure San Luis Obispo County’s approval to amend its local coastal plan or persuade the State Legislature to modify the county’s plan.
Friends of Oceano Dunes asserted that the local coastal plan only grants the county, not the Coastal Commission, the power to close the park temporarily. The court concurred with this argument, stating that the commission’s attempt to unlawfully implement an OHV ban amounted to a violation of the Coastal Act by trying to alter the county’s plan without proper authorization.
Additionally, the court sided with the Friends of the Oceano Dunes’ contention that the commission failed to comply with the California Environmental Quality Act (CEQA) by not conducting a thorough traffic impact analysis before deciding to close Pier Avenue as a vehicle access point to the beach.
Consequently, the court overturned the Coastal Commission’s March 2021 permit amendment, which aimed to prohibit all OHV activities at Oceano Dunes, meaning the proposed OHV ban will not be enforced, and access to the beach via Pier Avenue will remain open.
Friends of Oceano Dunes, a 501(C)(3) California not-for-profit corporation established in 2001 with the sole purpose of preserving camping and off-highway vehicle recreation at Oceano Dunes State Vehicle Recreation Area (ODSVRA), expressed their determination to continue pursuing all legal avenues to protect beach driving, camping, and OHV recreation at the ODSVRA, as it has been traditionally enjoyed for the past century.
The organization, consisting of approximately 28,000 members and users of Oceano Dunes SVRA, operates as a grassroots volunteer entity. For more information, visit www.oceanodunes.org.
