25-03-2025
Coastal Commission did not have authority to ban off-roading at Oceano Dunes, court says
Friends of the Oceano Dunes celebrated a victory over the California Coastal Commission in court Monday, opening the path for continued use of off-road vehicles at the popular recreation area.
In an opinion filed Monday, the Second Circuit Court of Appeals found 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.
As a result, it said the decision to open or close the Dunes to vehicles fell under the jurisdiction of the county, not the Coastal Commission.
However, the court said it would not resolve any contentions in other cross-appeals filed by Friends, and 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 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.'
'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 Second Circuit court ruling said. 'The LCP states that one of its goals is to 'maximize public recreational opportunities' — including OHV use — at Oceano Dunes.'
That means, 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 read.
The Friends of Oceano Dunes applauded the ruling in a news release.
'Friends' victory ensures continued OHV recreation at Oceano Dunes,' the Friends said.
Monday's decision marks the culmination of a years-long legal battle between the Coastal Commission and Friends of Oceano Dunes.
Most recently, San Luis Obispo Superior Court Judge Tana Coates ruled July 19, 2023, in favor of the Friends, overturning the Coastal Commission's 2021 vote to close the Dunes to off-road vehicles.
'A total and permanent ban on all OHV recreation in the OSDVRA directly contradicts the provisions of the certified (local coastal program), which specifically permits OHV riding in certain designated areas of' environmentally sensitive habitat areas, Coates' 2023 ruling said.
That decision was appealed to the Second Circuit by the Coastal Commission on Aug. 10, 2023, with the aim of reinstating its order to close the Dunes.
There is still one appellate case awaiting briefs and oral arguments relating to two lawsuits filed by the Friends of Oceano Dunes against the Coastal Commission in 2016 and 2017.
The 2016 petition challenged the use of an emergency coastal development permit to implement dust control measures and whether the situation constituted an emergency designation, while the 2017 petition challenged dust control measures and whether State Parks could implement such measures without a coastal development permit. Coates denied both petitions in 2024.
The two cases have been consolidated into one appellate case, and the Friends of Oceano Dunes first brief is due June 27, the court docket shows.
Friends of Oceano Dunes president Jim Sutry declined to comment on Monday's ruling.
'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,' the release read.
