WHAT IS THE FATE OF OCEANO DUNES?

Oceano Dunes at a Crossroads: ESA Ruling, New HCP, and What It Means for OHV Access

Oceano Dunes State Vehicular Recreation Area (ODSVRA) — California’s only coastal SVRA — is once again in the spotlight. Recent legal decisions, new planning efforts, and draft conservation documents are converging to shape the future of off-highway vehicle (OHV) recreation on these historic beaches and dunes.

ASA offers this update to summarize where things stand today, why it matters, and what’s coming next.

🏛️ ESA Court Ruling: Vehicle Use Has Resulted in Illegal Take

On November 21, 2025, a federal court granted summary judgment to the Center for Biological Diversity (CBD), ruling that the California Department of Parks and Recreation (State Parks) has been violating the Endangered Species Act (ESA) by operating the dunes without authorization to “take” (harm, harass, or kill) listed wildlife — particularly the Western snowy plover.

The ruling cited State Parks documentation showing repeated plover deaths from vehicle strikes on the dunes over several years. Without a federal “Incidental Take Permit,” these impacts constitute ESA violations.

The court ordered State Parks and CBD into a settlement process to determine remedies and outline the next steps.

This ruling does not immediately close the dunes — but it does trigger a legal and regulatory chain reaction that must be resolved.

📝 State Parks’ Response: Draft Habitat Conservation Plan Released

In the wake of the ruling, State Parks released a draft Habitat Conservation Plan (HCP) covering roughly 5,000 acres of the dunes and adjacent shoreline. This HCP is part of the agency’s application to the U.S. Fish and Wildlife Service (USFWS) for a formal Incidental Take Permit (ITP).

If approved, the permit would legally authorize limited take of snowy plovers and other protected species, in exchange for mitigation measures such as:

• Habitat monitoring
• Nesting-season protections
• Staff training
• Buffer zones
• Vehicle-free habitat areas
• Conservation funding and reporting requirements

The plan is under review now and is expected to prompt intense public comment and likely litigation.

⚖️ The Other Side of the Legal Landscape: A Big Win for Access in 2025

Earlier this year, the California Court of Appeals ruled that the California Coastal Commission (CCC) had overstepped its authority when attempting to ban OHV recreation at Oceano Dunes in 2021.

That decision affirmed OHV recreation as a legal use under the county’s Local Coastal Program (LCP), and the California Supreme Court declined to hear the case — allowing the pro-access decision to stand.

For recreation advocates, this was a watershed moment, celebrated by groups such as:

• Friends of Oceano Dunes (FoOD)
• Cal4Wheel
• American Sand Association (ASA)
• SEMA
• AMA District 37

But the ESA lawsuit now adds a new regulatory layer—one that operates separately from land-use and coastal zoning law.

🌿 What Conservation Advocates Are Saying

CBD and other environmental voices argue that motorized recreation has measurable wildlife impacts at Oceano Dunes and that federally listed species require active protection.

The court’s decision reinforced that ESA compliance is mandatory, and that limited mortality — even accidental — cannot be ignored without a valid federal permit.

At ASA, we think their focus now will likely shift to:

• scrutinizing the HCP
• pushing for strong mitigation terms
• challenging insufficient take limits
• demanding transparent biological monitoring

🚙 What OHV Advocates Are Saying

Motorized recreation groups remain focused on ensuring that Oceano Dunes stays open and accessible while still respecting habitat considerations.

Participating organizations and their allies are expected to:

• participate in HCP public comment
• support reasonable mitigation strategies
• monitor scientific accuracy and policy fairness
• advocate forcefully against broad restrictions or closures

The new HCP, in their view, may be a path to long-term, legally defensible recreation at Oceano.

🔍 Settlement Conference: What It Means

The federal court has ordered State Parks and CBD into a negotiated settlement process.

Topics on the table will likely include:

• HCP structure and science
• interim safeguards
• short-term access limits
• mitigation funding
• endangered-species monitoring
• transparency and reporting
• timelines for public review and permit issuance

Depending on outcomes, future restrictions could be tighter — or the HCP could emerge as a workable balance between recreation and ecological protection.

For now: access remains open under existing beach rules, seasonal restrictions, and posted closures.

🧭 Looking Ahead

The HCP/ITP process is now the central arena that will determine whether OHV recreation at Oceano Dunes survives long-term under ESA protections.

Key Dates

• Draft HCP Released: November 2025
• Public Comment Closes: January 23, 2026

What Comes Next

• Review by USFWS
• Legal scrutiny from both sides
• Possible revisions
• Future settlement terms
• Permit issuance (or denial)

✍️ How to Engage

Whether you’re a conservationist, an OHV rider, a local resident, or someone who just loves California’s public lands:

Your voice matters during the HCP review process.

1. Read the draft plan
2. Analyze take limits, mitigation, and monitoring
3. Submit comments to USFWS before the deadline
4. Stay informed as the settlement process unfolds

Constructive public input — from both sides — will shape the future of responsible access.

🏁 Final Thoughts

2025 has been a defining year at Oceano Dunes.

• A court affirmed OHV recreation under land-use law
• A separate court confirmed ESA violations linked to vehicle impacts
• The first large-scale HCP for the area is now public
• Settlement negotiations have begun

This is a moment of possibility — but also risk.

With science, transparency, and collaborative stewardship, Oceano Dunes could become a model for how endangered species protection and responsible recreation can coexist. The next few months will shape that future.

Stay engaged. Stay informed. And above all — stay responsible on the dunes.

MORE on Oceano Dunes lawsuits and rulings.

COASTAL Commission and Ruling (March 2025)

JOIN ASA to help us fight for every grain of sand!

Special thanks to Freedom Ropes – Jerk Pirates: