Bundy said the deciding factor would lie in federal and state laws that pertain to ATV use. He said Congress requires a general management plan for the preserve that would include rules for things like hunting, fishing, threatening endangered species and ATV use.

“We have been working to develop a general management plan, and what we’ve done is look at the documents that created the preserve and also at regulations that directly affect the preserve based on legislation,” Bundy said. “We’ve also researched other regulations, guidelines and executive orders that may affect Little River Canyon indirectly and we’ve asked for a legal opinion.”

Bundy said that opinion would be issued by the solicitor’s office of the Department of the Interior. He said he expects that opinion in about two weeks.

“They don’t direct us, they just provide legal advice – and what we are doing is just reviewing laws and regulations already in place – if we are told we have to ban ATV use then that’s what we will do based on the laws and regulations already in place. It’s not like we are creating a new regulation or rule.”

Bundy said the canyon area became a federal preserve in 1992, and the legislation that set it up called for a general management plan after one year of its passage. But Bundy said it has taken since that time to gather the needed information and funding necessary to outline a future plan for the preserve.

It’s those plans that have since been submitted to the Department of the Interior for review.

Bundy said an ATV permit process was implemented in January requiring all ATV users to renew their permits every six months. He said the reason for the change in the permitting process was due to a lack of a general database.

Bundy said a previous preserve superintendent allowed ATVs to be ridden on park roads on an experimental basis, and the rule was never changed. He said no ATVs are allowed on preserve trails.

Petitions have been circulating for months in DeKalb County supporting “continued responsible ATV use” in Little River Canyon Preserve. Those petitions now hold about 1,202 signatures.

Some of those on the forefront of the fight to keep ATV use legal at the preserve are Shane and Kris Goggans, of Fort Payne.

“Other national park units allow ATV use alongside vehicles, cyclists, horses and hikers,” Shane Goggans said. “If the National Park Service can stop ATV use it can surely stop vehicles, horses or any other group except those willing to see the area on foot.”