The Oceano Dunes State Vehicular Recreation Area will remain accessible to off-road vehicles. On Wednesday, the California Supreme Court issued a disposition that forced the California Coastal Commission to withdraw its final petition to bar OHVs (off-highway vehicles) from the dunes.

The CCC, a state government agency that regulates public land access along California’s coastlines, had been attempting to restrict OHVs since a unanimous vote in 2021. The commission cited environmental concerns such as the presence of the western snowy plover bird, a threatened species whose nesting areas are fenced off by California State Parks during mating season. Their numbers grew when off-roading went dormant during the COVID-19 pandemic; when the SVRA reopened, State Parks was ordered by the CCC to stop interfering with their nests in violation of the Endangered Species Act. Off-road vehicles are already barred from encroaching on “certain designated areas” like “environmentally sensitive habitat[s]”.

While the CCC certainly has the responsibility to protect the coastal ecosystem, courts ruled they would overstep their power by banning OHVs altogether.

Friends of Oceano Dunes, a nonprofit coalition created in 2001 to “preserve camping and off-highway vehicle recreation” at the eponymous SVRA, filed four lawsuits against the commission in response. In March, Associate Justice Hernaldo J. Baltodano of California’s Second Appellate District ruled that only San Luis Obispo County could enact a total ban whereas one from the CCC would break local coastal programs (LCPs) and the coastal development permit (CDP).

Oceano Dunes was the first place in California with a state vehicular recreation area, which was opened by the Department of Parks and Recreation in 1974. It had been a popular spot for dune buggy meetups in the years prior, such that the department pinpointed it as an ideal location for designated off-roading while trying to address a “critical shortage” in such places. The OHV Act was passed in 1982 that permitted SVRAs “on lands where the need to establish areas to protect natural and cultural resources is minimized, [where] the terrain is capable of withstanding motorized vehicle impacts, and where there are
quality recreational opportunities for” off-roading.

While Oceano Dunes’ CDP was modified multiple times over the years, it and the LCPs did not gave the CCC power to enforce a full ban.

“The Commission’s attempt to ban OHV use at Oceano Dunes contradicts the plain language of the certified LCP,” wrote Baltodano. “Such a ban thus amounts to amending the LCP, a power reserved to the County.”

Friends of Oceano Dunes released the following statement on Wednesday after the Supreme Court refused to hear the CCC’s appeal:

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 v. Cal. Coastal Commission

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