Wyo. Code R. 045-0003-33
General Agency, Board or Commission Rules
Chapter 33: Off-road Recreational Vehicles: Interstate Rights of Way and Crossings
Effective Date: 12/17/2025 to Current
Rule Type: Current Rules & Regulations
Reference Number: 045.0003.33.12172025
(a) The Wyoming Department of Transportation (WYDOT) promulgates these rules by authority of W.S. 31-5-1601.
(b) The Federal Highway Administration (FHWA) retains final authority over allowing new access for all off-road recreational vehicle (ORV) use within interstate rights of way (ROW).
(a) Requirements. These rules implement the requirements for ORV operation within interstate ROW outlined in W.S. 31-5-1601.
(b) Permitting. These rules establish a permitting process for obtaining an encroachment permit and WYDOT approval for:
(ii) ORV routes adjacent to the interstate roadway.
(a) Interstate “right of way” (ROW) means the entire right of way, including the roadway, banks, ditches, shoulders, crossings, and on/off access ramps.
(b) “Off-road route” means an ORV route within the interstate right of way adjacent to the interstate roadway.
(c) “On-road route” means an ORV route that uses public roadways enrolled in the state ORV system. On-road routes are prohibited on interstate roadways.
(d) Interstate “crossing” for the purposes of these rules means a roadway or other route that crosses the interstate ROW, either below or above the interstate roadway.
(e) Off-Road Recreational Vehicle (ORV), means a vehicle as defined in W.S. 31-1-101(K).
Individuals operating ORVs within the interstate ROW shall have the following required credentials and equipment, pursuant to W.S. 31-5-1601:
(a) Valid driver’s license for the type or class of vehicle being operated;
(b) License plate or ORV decal; (c) Proof of liability insurance with limits not less than twenty-five thousand dollars ($25,000); and (d) An adequate braking device, horn, muffler, and mirror.
Section 5. Interstate Crossing Requirements. WYDOT shall review ORV routes crossing interstates to ensure crossings meet the following requirements:
(a) Are grade separated, using roads or routes that cross above or below the interstate roadway; (b) Do not exceed an average annual daily traffic volume of one thousand (1,000) vehicles; (c) Are appropriately signed to ensure ORV operators stay on designated ORV routes, comply with state traffic laws, and integrate with other motor vehicle traffic safely; and (d) At grade crossings are NOT allowed.
Section 6. Interstate Adjacent ORV Route Requirements. WYDOT shall review ORV routes adjacent to the interstate roadway to ensure proposed routes meet the following requirements:
(a) Compliance with all state and federal regulatory requirements. The Wyoming State Trails Program (WSTP) shall provide documentation of environmental and cultural clearances, as well as any documentation needed for FHWA approval; (b) Remain outside the clear zone and as close to the ROW fence as is possible; (c) Have a physical barrier between the route and the interstate roadway, pursuant to W.S. 31-5-1601(e)(i); (d) Do not use existing interstate infrastructure for ORV traffic, such as roadway, shoulders, clear zone, bridges, culverts, or ramps. WSTP shall, at its own expense and with WYDOT approval, construct the necessary infrastructure and traffic modifications to accommodate ORV routes; (e) Are appropriately signed. WSTP shall ensure ORV routes include stop signs at intersections and warning signs for both ORV drivers and motor vehicle drivers; (f) Compliance with all site-specific requirements identified during field inspections; and (g) Are designated, marked, or signed as an ORV route by WSTP, pursuant to W.S. 31-5-1601(e)(i).
Section 7. Permitting. Use of the interstate ROW for ORV routes and crossings shall be authorized only with a signed encroachment permit between WSTP and WYDOT.
(a) Written Request. WSTP shall make a written request to WYDOT for developing and enrolling an ORV route or crossing, and include:
(i) Documentation showing that WSTP has exhausted all other options for ORV routes and crossings. Interstate ROW shall be the last resort for ORV routes.
(ii) Documentation showing the ORV routes that would be connected by the requested interstate ROW route. Only requests for ORV routes and crossings that connect an existing network of ORV routes and roads enrolled in the state ORV system shall be approved.
(b) Field Visit. WYDOT shall conduct a field visit with WSTP to assess feasibility and document any site-specific safety, traffic, trail, or regulatory requirements.
(c) Requirements. WYDOT shall provide WSTP a written list of general and site-specific requirements for using interstate ROW as well as the WYDOT encroachment permit for review and signature.
(d) Approval/Denial. Upon receiving documentation of all regulatory approvals and the signed encroachment permit, WYDOT shall review and recommend Transportation Commission approval or denial on interstate right of way requests, by resolution and inform WSTP in writing of the decision.
Section 8. Costs and Maintenance. WSTP shall pay for and maintain all components related to ORV routes and crossings within the interstate ROW.