NEWTON -- Residents have a chance to put the brakes on off-highway recreational vehicles when they cast their votes on the town warrant next spring.

Fed up with the damage riders of the recreational vehicles are inflicting on conservation lands and private property that abut town-owned acreage, selectmen last night asked for volunteers from both sides of the issue to develop a proposal to bring to voters at Town Meeting next spring. That action followed a public hearing on a possible ban on the vehicles on all town lands. The ban selectmen are considering could range from a complete ban to a partial prohibition that might exclude people from out of town or out of state, but allow limited use of the vehicles by town residents involved in a club that can police its members and enforce applicable laws.

Conservation Commission Chairwoman Tricia McCartney -- elected after Donna J. Cushing resigned over continuing battles about the issue -- said while she and her children have used the vehicles, the commission sees a number of problems:

Damage to town and private property from OHRVs that use town land for access, such as the formation of ruts, destruction of crops and wear and tear that results in erosion.

Continuing abuse has jeopardized federal funding on Busch Farm to protect wetlands and wildlife habitats. The town may have to repay previous grants.

Landowner can be liable for injury or death of riders if they are permitted on private or public lands.

McCartney said she realizes banning OHRVs on town land would anger some residents, but she said commission members believe most town residents would favor a ban, especially in the wake of the decision involving the Peanut Trail. in which the court ordered the town to pay $400,000 in damages to an abutting farmland owner.

That case is under appeal to the state Supreme Court.

McCartney said state law imposes a $2,000 fine for a first time wetlands violation and a $10,000 fine for a subsequent offense, adding she believes parents might take more responsibility for their children's actions if they know they could be responsible for paying those fines.

Resident Gerry Reynolds said he is convinced most of the problems in town stem from the antics of Massachusetts drivers who do not respect the land they take their off-road vehicles on.

"It's kind of hard to hear Newton people are destroying (the land). You can go down every week and see Massachusetts motorcycles and Massachusetts four-wheelers," he said, adding they come from across the state line using a trail that the town closed to OHRVs. "I haven't seen any Newton four-wheelers, but I have seen four-wheelers from Massachusetts." Some residents said closing the trails and recreational lands to OHRVs could result in people riding in other locations -- legally or illegally. Mark McKenna, another resident, called for more law enforcement. He said most of the damage is done by kids under 16 who should not be riding without adult supervision.

Police Chief Larry Streeter said nobody may operate an OHRV on private property without the written permission of the landowner.

Nancy Slombo, a member of the Recreation Committee, said although members of the committee would like to see OHRVs allowed on town land, the damage they have done recently is of great concern.

"I am happy they are getting the citizens involved," said Town Moderator Robert Dezmelyk. "Normally the people in an area know the landowners and have respect for their property," he said.

Selectmen Chairman Steven M. Cushing it is the board's intent to take everything under advisement and try to reach a compromise. He invited OHRV users and members of various town boards and committees to take part in a committee to decide what needs to be done to protect the town while offering recreational opportunities for residents.

"I have seen the damage. But I also feel we should provide an area that is suitable with marked trails where people can ride," he said. Anyone interested in serving on that committee may notify the selectmen's office at Town Hall.

Newton reporter Lois Marchand may be contacted by calling (603) 893-9555 or by e-mailing at lmarchand@eagletribune.com