Road validation petition before BOCC
The section of map comes from the Bureau of Land Management's 2007 RMP/TMP, which is the official document of record for all BLM-managed lands. In the shaded area, you can clearly see where the West Fork Pine Creek Road (pink) ends as it heads into BLM-managed lands and becomes what is considered an unimproved road. You can also see that the shaded section of land is designated for motorized use (except snowmobiles), but only on specifically designated roads, which the section of road between West Fork Pine Creek Road and Middle Fork Pine Creek is not.
Courtesy image
WALLACE — The Shoshone Board of County Commissioners (BOCC) was informed earlier this week that a regional interest group is seeking the validation of a rather popular stretch of road in Pine Creek.
Paul Loutzenhiser a local off-road vehicle enthusiast and member of the North Idaho Trailblazers (NITB) voiced his desire to see a widely discussed section of road along the West Fork of Pine Creek Road validated.
“I am requesting the validation of West Pine Creek Road,” Loutzenhiser wrote in an email to the BOCC. “Specifically the section that travels along the Avery’s property into BLM (Bureau of Land Management) managed lands. With the extensive history of public use, I believe that this is a public road (and) should be officially verified as such.”
Shoshone County Commissioner Mike Fitzgerald previously explained the process of getting a road validated.
“When the roadway is not within a designated county right of way or defined within the County Roadway Inventory, the county does not impose authority nor intervene,” Fitzgerald said. “For roads not in these two categories, individuals can ask the county to make a determination of the county's interest in a road. The determination is a formal process defined in Idaho Code called ‘validation.’ If asked to validate a road, the county is then obligated under Idaho Code to make a determination of whether or not the road is a county or a non-county road.”
Fitzgerald outlined some of the criteria for determining a road’s validation, including showing any bit of active maintenance, historical use and county expenditures on the road.
This particular section of land has been at the forefront of several recent stories following a 2020 incident where Joe Avery placed a blockade of trees across the road to prevent people from recreating in the area — which was promptly removed following action from the county.
In the time since, several conflicting viewpoints have come forward to discuss the merits of Avery’s actions, as well as to condemn them.
Loutzenhiser’s motive behind his request is a simple one and one that has been even more widely debated; Access, and the fine line between public and private lands.
“Ultimately my goal and the goal of others to include clubs such as NITB is to secure and maintain public access for future generations to enjoy public land,” Loutzenhiser said. “(We) and others believe that the public is going to seek recreational opportunities and if they are not provided in a planned and properly developed manner that these activities will happen regardless and most likely in places where it is not suited or desired. We believe that there is room for all types of activities within the public lands and there should be a way to provide for them. Keeping access open is crucial for all user activities.”
He further explained how the NITB would like to work with the United States Forest Service, Shoshone County, BLM and the state of Idaho to expand and improve the unique recreational opportunity this area offers to the public.
With those other locations being hampered by differing easement agreements and other issues of that nature, it puts a lot of restrictions on people who wish to recreate on public lands.
“This road has been maintained with public funds in the past for public and private access and based on public expenditures it should remain open for these uses in the future just the same as other public roads are,” Loutzenhiser said. “Not all roads within the county are maintained at the same level and limited maintenance should not be the bar set for a landowner to dismiss the public's right of use especially when the use has been going on for so long.”
During a previous interview with Avery, he discussed how there are two different roads near his property that allow people to access a section of lands owned by the Bureau of Land Management (BLM) for recreational purposes.
One of those roads, locally known as the Langlois Road, or Coeur d’Alene NFD 2313 Road, has very specific seasonal closures on it and partially cuts through a section of property owned by Avery.
The other road is an unmaintained extension of West Fork Pine Creek Road that appears on Shoshone County’s GIS (geographic information system) parcel information as some sort of right-of-way that cuts through property owned by the Averys and Hancock Forest Management before heading back into BLM lands.
The lands in particular are near Middle Fork Pine Creek Road and are specifically designated by the BLM as “a motorized trail for rock crawling (extreme 4WD) activities,” according to the Action RC-1.5.7 in their Resource Management Plan (RMP).
The BOCC has set a date to meet with Loutzenhiser to acknowledge the validity of his request. During this meeting, they will determine if a full hearing will be granted.
Due to the fact that this isn’t a public hearing, no evidence or testimony will be accepted, however, should the petition be granted, the BOCC will then hold a public hearing at a later date where they will accept evidence and testimony.
That meeting is set for the Shoshone County Courthouse on Tuesday, Feb. 22 at 1 p.m., inside the District Courtroom.