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New
York [soon to be elsewhere / everywhere?] policies regarding ATVs
(Note: In order to protect property rights, including those of recreationists, personal involvement is a must. Sleeping on one's rights is tantamount to losing those rights. No matter where you live, if you recreate or enjoy the outdoors on an all-terrain vehicle or other motorized recreation, this is a must-read. It clearly shows how much you and others stand to lose, and how much you stand to gain or keep by getting involved and helping New York recreationists now.)
March 9,
2005 This policy
establishes the criteria for determining which roads or trails, on
state-owned land, should be open to ATVs. ATV
access must conform with:
ATV
access must NOT:
The Division of
Lands and Forests will evaluate whether roads or trails being considered
for ATV access have met the above criteria using the **Unit Management
Plan (UMP) http://www.dec.state.ny.us/website/dlf/publands/ump/umplans.html process. THIS POLICY PROHIBITS --
the use of ATV's within the boundaries of
Wildlife Management Areas, Tidal Wetlands and Environmental Education
Centers -- exceptions for persons with
disabilities using CP-3 and non-ambulatory hunting permits are
under consideration. DEC does not
offer ATV riding as a program on public lands it owns and manages,
however, because ATV's could be used to access its programs (like
hunting, fishing and camping) in some locations, development
of this policy was deemed necessary. In an issue related to the
development of this policy, Governor
Pataki has proposed legislation to increase ATV registration fees
as part of his 2005-06 Executive Budget. The increased revenue will be
used to provide funds for public education, enforcement and development
of ATV trail systems on private and state conservation easement lands in
a manner that is consistent with this policy. Written
comments are welcome
throughout the public review process but must
be received no
later than MAY 27, 2005, in order to be considered. Contact: http://www.dec.state.ny.us/website/dlf/publands/atv.html **What
is a Unit Management Plan? More
information from this division: Division
of Lands and Forests http://www.dec.state.ny.us/website/dlf/index.html Unit
Management Plan Information http://www.dec.state.ny.us/website/dlf/publands/ump/index.html Unit Management Plans are plans
intended to assess the natural and physical resources present within a
unit, identify opportunities for recreational use and consider the
ability of the resources and ecosystems to accommodate public use.
Further, they identify management objectives for public use, which are
consistent with the land classification guidelines and the wild
character of these lands. DEC's Divisions of Lands and Forests and Fish,
Wildlife & Marine work closely with Forest Rangers and the divisions
of Operations, and Public Affairs to develop each plan. In the Adirondacks, UMPs are
developed by DEC staff in consultation with the Adirondack Park Agency (APA)
staff, who has responsibility for assuring plans are in compliance with
the State Land Master Plan (SLMP) guidelines for management of forest
preserve lands inside the Adirondack Park. In the Catskill Park, UMPs
are developed in compliance with Catskill Park State Land Master Plan
guidelines for management of forest preserve lands inside the Catskill
Park. The
UMP Process
http://www.dec.state.ny.us/website/dlf/publands/ump/umplans.html ===== *DRAFT
ATV Policy for Public ATV Access to Recreational Programs on the Forest
Preserve, Reforestation, Multiple Use, Unique, Wildlife Management
Areas, Environmental Education Centers and Conservation Easement Lands (Note:
All bolding in this document is contained in the original.) DEC
Policy Issuing Authority: Commissioner Date Issued: ****DRAFT**** Latest
Date Revised: 3-9-05 I. Summary: All Terrain Vehicles (ATVs) are one
of several possible modes of access to public and easement lands owned
and/or managed by the Department. These lands include Forest Preserve
lands, Reforestation, Multiple Use and Unique Areas, Conservation
Easements, Wildlife Management Areas and Environmental Education
Centers. This policy sets forth criteria for determining the suitability
of roads or trails to be opened or remain open to public ATV access (1)
through the Unit Management Planning (UMP) process established for
Forest Preserve, Reforestation, Multiple Use and Unique Areas and (2)
pursuant to the terms of each individual Conservation Easement and
associated Recreational Management Plans. Finally, this policy prohibits
the public use of ATVs within the boundaries of Wildlife Management
Areas and Environmental Education Centers, with the exception of ATV use
by persons with CP-3 permits and Non-Ambulatory Hunting permits. II. Policy: A. PUBLIC LANDS All Terrain Vehicle (ATV) riding is
not a specific program offered on public lands owned in fee and managed
by the Department. Further, the Department does not encourage ATV use on
such lands. ATV use, however, is one of several possible means that the
public may utilize to access Department programs (e.g., hunting,
fishing, camping, and hiking) on public and easement lands that are
deemed appropriate for such use and are open to public ATV access. The
suitability of roads or trails in the Forest Preserve, Reforestation,
Multiple Use and Unique Areas to be opened or remain open to public ATV
access will be established through the Unit Management (UMP) process,
and only if the relevant requirements of the Adirondack Park State Land
Master Plan (APSLMP) and Catskill Park State Land Master Plan (CPSLMP)
(when applicable), Department rules and regulations, Vehicle and Traffic
Law provisions, and other policy criteria have been satisfied. Public Use of ATVs within the
boundaries of Wildlife Management Areas and Environmental Education
Centers is prohibited, with the exception of ATV use by persons with
CP-3 permits and Non-Ambulatory Hunting permits. In evaluating whether a road or
trail in the Forest Preserve, Reforestation, Multiple Use and Unique
Areas should be opened or remain open to the public use of ATV’s
through the UMP process, each of the following criteria will be
followed: 1. Forest Preserve Criteria for Evaluating Suitability
of Roads on the Forest Preserve for Public ATV Access: these criteria
establish that there are very few circumstances where public ATV access
can be provided on the Forest Preserve. b. Natural Resource Protection. If
the natural resources cannot sustain continued motor vehicle use by ATVs
(as demonstrated by such signs as: soil erosion within the road bed or
into streams, wetlands or water bodies; impacts of ATV traffic outside
the road corridor; or other inappropriate impacts), the road will not be
opened to public ATV access or, if already open to public ATV access,
will be closed to public ATV access. Roads that are open to ATV use --
but which are suffering significant adverse environmental impacts as a
result of such use -- may be closed by the Department in order to
protect the resource. A road that was opened to public ATV access but
was closed due to such impacts may be reopened to public ATV access only
where such impacts have been mitigated and each of these criteria is
satisfied. c. APSLMP and CPSLMP. On State lands
within the Adirondack Park classified as Wild Forest by the APSLMP and
on State lands within the Catskill Park classified as Wild Forest by the
CPSLMP, ATVs are allowed only on public motor vehicle roads, under
certain circumstances (see d. below). d. 6 NYCRR §196.1. On Forest
Preserve lands, ATVs are permitted only on roads. e. Vehicle and Traffic Law §2405(1).
ATVs are allowed on public highways only where the purpose is to provide
access to adjacent trails and areas that are legally open to the public
use of ATVs and such trails and areas cannot be accessed by ATVs unless
such roads are opened to ATVs. Roads open to public motor vehicle use
are considered public highways. f. Compatibility with other public
use. Public ATV access must be compatible with other public use of the
area as authorized by the UMP. g. Program access. Public ATV riding
is not a program in the Forest Preserve. Public ATV use is only to
provide access to a recognized recreational program, such as hunting,
fishing, trapping, camping or wildlife observation in compliance with
the other criteria set forth here. h. Public Safety. It must be
demonstrated that roads proposed to be open to public ATV use will be
safe for the operation of ATVs including the posting of signage for
speed limits, stopping, caution and curves. The UMP must establish that
the road and trail surface can be constructed or rehabilitated and
maintained to prevent dangerous conditions. Trail design should consider
the use of one-way trails in situations where the passage of two-way
traffic is limited by site conditions. i. Maintenance. Appropriate soil
conditions and maintenance funds must exist to ensure that the road can
be maintained to prevent muddy or eroded conditions. j. Illegal off-road ATV use. It must
be demonstrated that no significant illegal ATV use off of the road has
occurred and that sufficient measures can be taken to ensure that such
use will not likely occur. k. Passable to passenger vehicles.
For roads in Forest Preserve in the Adirondack Park, the road surface
must be designed for travel by automobiles. For roads in Forest Preserve
in the Catskill Park, the road surface must be designed for travel by
motor vehicle. l. Seasonal use. Notwithstanding
APSLMP and CPSLMP requirements set forth above, if it is determined that
public ATV access on a particular road (not suitable for automobile
access) is needed to access Department programs on a seasonal basis then
a road that is otherwise closed to public motor vehicle use may be
opened on a seasonal basis solely to public ATV access and by Temporary
Revocable Permit (TRP) only. If it is determined that a particular road
is needed to access Department programs in the Unit on a seasonal basis,
and criteria a through h, as set forth above, are satisfied, then a road
that is otherwise closed to public motor vehicle use may be opened
through the UMP process solely to public ATV access on a seasonal basis
and by TRP only. This permitted seasonal access may only be provided if
(1) such access does not alter the fundamental nature of the programs
offered by the Department to the public, (2) only for a time period
specified in an approved UMP and (3) only as an interim measure until
maintenance of the road occurs so that the road is again suitable for
travel by automobiles. m. Education and Enforcement:
Management actions involving public ATV access must also address the
need for monitoring, education and enforcement. All public ATV access
routes, whether remaining open or being closed, must be monitored on a
periodic basis for compliance with the management action. It is not
expected that immediate compliance with management actions will occur,
but monitoring efforts should show a higher rate of compliance over
time. If noncompliance continues to exist, alternative management
actions (including road closure) need to be developed and implemented.
Efforts need to be made to inform users where legal and safe public ATV
riding opportunities exist. This will be accomplished through providing
adequate signage, unit brochures and maps, and increased enforcement
patrols. n. ATV Access for Persons with
Disabilities. Notwithstanding the APSLMP and CPSLMP requirements set
forth above, limited access to programs by persons with disabilities in
Wild Forest units may be allowed to provide program access, provided
such access does not alter the fundamental nature of the programs
offered in this area by the Department to the public. The APSLMP
(Section I, Introduction, Unit Management Plans), notes that UMPs should
include management objectives that address, on a site-specific basis as
may be pertinent to the area, “the identification, in ... appropriate
portions of wild forest areas accessible by motor vehicles, of measures
that can be taken to improve access to and enjoyment of these lands, and
associated structures and improvements, by the physically
handicapped.” Accordingly, roads, which are otherwise closed to public
motor vehicle use, may be opened to persons with qualifying disabilities
on a permit basis under Commissioner Policy 3 through the UMP process.
In both the Adirondack and Catskill Parks, if it is determined that a
particular road is needed to access Department programs by people with
qualifying disabilities to Department programs in the Unit, and criteria
a through h, as set forth above, are satisfied, then a road that is
otherwise closed to public motor vehicle use may be opened through the
UMP process solely to ATV access to persons with disabilities who have
CP-3 permits. 2. Reforestation, Multiple Use
and Unique Areas Criteria for Evaluating Suitability
of Roads or Trails on Reforestation, Multiple Use and Unique Areas for
Public ATV Access a. Natural Resource Protection. If
the natural resources cannot sustain continued motor vehicle use (such
as: soil erosion within the road bed, trails or into streams, wetlands
or water bodies; impacts of ATV traffic outside the road or trail
corridor; or other inappropriate conditions), the road or trail will not
be opened to public ATV access or, if already open to public ATV access,
will be closed to public ATV access. Roads or trails that are open to
ATV use -- but which are suffering significant adverse environmental
impacts as a result of such use -- may be summarily closed by the
Department in order to protect the resource. A road or trail that was
opened to public ATV access but was closed due to such impacts may be
reopened to public ATV access only where such impacts have been
mitigated and each of these criteria is satisfied. b. Vehicle and Traffic Law §2405(1).
ATVs are allowed on roads only where the purpose is to provide access to
adjacent trails and areas that are legally open to the public use of
ATVs and such trails and areas cannot be accessed by ATVs unless such
roads are opened to ATVs. c. Compatibility with other public
use. Public ATV access must not displace or significantly interfere with
other public use of the road or trail as provided for in the UMP. d. Program Access. Public ATV riding
is not a program on Reforestation, Multiple Use and Unique Areas. Public
ATV use is only to provide access to a recognized recreational program,
such as hunting, fishing, trapping, camping or wildlife observation in
compliance with the other criteria set forth here. e. Public Safety. It must be
demonstrated that roads and trails proposed to be open to public ATV use
will be safe for the operation of ATVs including the posting of signage
for speed limits, stopping, caution and curves. The UMP must establish
that the road and trail surface can be constructed or rehabilitated and
maintained to prevent dangerous conditions. Trail design should consider
the use of one-way trails in situations where the passage of two-way
traffic is limited by site conditions. f. Maintenance. Appropriate soil
conditions and maintenance funds must exist to ensure that roads and
trails can be maintained to prevent a recurrence of muddy or eroded
conditions. g. Illegal off-road ATV use. It must
be demonstrated that sufficient measures will be taken to prevent
illegal ATV use off of the designated road or trail. h. Seasonal use. If it is determined
that public ATV access on a particular road or trail is needed to access
Department programs on a seasonal basis, and the above criteria are
otherwise satisfied, then a road or trail that is otherwise closed to
public motor vehicle use may be opened on a seasonal basis solely to
public ATV access. i. Education and Enforcement:
Management actions involving public ATV access must also address the
need for monitoring, education and enforcement. All public ATV access
routes, whether remaining open or being closed, must be monitored on a
periodic basis for compliance with the management action. It is not
expected that immediate compliance with management actions will occur,
but monitoring efforts should show a higher rate of compliance over
time. If noncompliance continues to exist, alternative management
actions (including road closure) need to be developed and implemented.
Efforts need to be made to inform users where legal and safe public ATV
riding opportunities exist. This will be accomplished through providing
adequate signage, unit brochures and maps, and increased enforcement
patrols. j. ATV access for Persons with
Disabilities. Access to programs by persons with disabilities may be
allowed to provide program access, provided such access does not alter
the fundamental nature of the programs offered in the area by the
Department to the public. Roads or trails, which are otherwise closed to
public motor vehicle use, may be opened to persons with qualifying
disabilities on a permit basis under Commissioner Policy 3. B. CONSERVATION EASEMENT LANDS On Conservation Easements lands, ATV
use is one of several possible means that the public may utilize to
access Department programs (e.g., hunting, fishing, camping, and
hiking). Also, ATV riding opportunities will be considered on
conservation easement lands in appropriate areas that are compliant with
the criteria below. The suitability of roads or trails on conservation
easement lands to be opened or remain open to public ATV access will be
established through negotiations with the landowner for public access
rights and through the recreational planning process. In evaluating
whether a road or trail should be opened or remain open to the public
use of ATV’s, the following criteria will be followed: Criteria for Evaluating Suitability
of Roads or Trails on Conservation Easement Lands for Public ATV Access 1. Terms of the Easement: The right
to provide public ATV access will be established pursuant to the terms
of each individual Conservation Easement and through the subsequent
development of Recreational Management Plans for such areas. 2. Underlying Fee Title Interest:
The rights of the underlying fee owner will be respected to ensure that
any proposed public ATV access does not interfere with the reserved
rights of the underlying fee owner to manage its lands. 3. Natural Resource Protection. If
the natural resources cannot sustain continued motor vehicle use (such
as: soil erosion within the road bed, trail or into streams, wetlands or
water bodies; impacts of ATV traffic outside the road or trail corridor;
or other inappropriate conditions), the road or trail will not be opened
to public ATV access or, if already open to public ATV access, will be
closed to public ATV access. A road or trail that was opened to public
ATV access but was closed due to such impacts may be reopened to public
ATV access only where such impacts have been mitigated and each of these
criteria is satisfied. 4. Vehicle and Traffic Law §2405(1).
The purpose of VTL section 2405(1) is to prevent the simultaneous public
use of passenger vehicles and ATVs on public highways except when
necessary for ATVs to access trails or areas adjacent to such highways
where it is otherwise impossible for them to access such trails or
areas. Roads on Conservation Easement Lands that are closed to the
public use of passenger vehicles are private roads. Consequently, with
respect to Conservation Easement Lands, the provisions of VTL section
2405(1) are not applicable. 5. Compatibility with other public
use. Public ATV access must not displace or significantly interfere with
other public use of the road or trail as provided for in the recreation
plan. 6. Public Safety. The road or trail
surface must be able to be maintained to prevent dangerous conditions.
Trail design should consider the use of one-way trails in situations
where the passage of two-way traffic is limited by site conditions. 7. Maintenance. Appropriate soil
conditions and maintenance funds must exist to ensure that roads and
trails can be maintained to prevent a recurrence of muddy or eroded
conditions. 8. Illegal off-road ATV use. It must
be demonstrated that sufficient measures will be taken to prevent
illegal ATV use off of the designated road or trail. 9. Seasonal use. If it is determined
that public ATV access on a particular road or trail is needed to access
Department programs on a seasonal basis, and the above criteria are
otherwise satisfied, then a road or trail that is otherwise closed to
public motor vehicle use may be opened on a seasonal basis solely to
public ATV access. 10. Education and Enforcement:
Management actions involving public ATV access must also address the
need for monitoring, education and enforcement. All public ATV access
routes, whether remaining open or being closed, must be monitored on a
periodic basis for compliance with the management action. It is not
expected that immediate compliance with management actions will occur,
but monitoring efforts should show a higher rate of compliance over
time. If noncompliance continues to exist, alternative management
actions need to be developed and implemented. Efforts need to be made to
inform users where legal and safe public ATV riding opportunities exist.
This will be accomplished through providing adequate signage, unit
brochures and maps, and increased enforcement patrols. 11. ATV access for Persons with
Disabilities. Access to programs by persons with disabilities may be
allowed. Roads or trails, which are otherwise closed to public motor
vehicle use, may be opened to persons with qualifying disabilities on a
permit basis under Commissioner Policy 3 by mutual consent of the
underlying fee owner and the Department and provided in the specific
terms of the easement. C. DEFINITIONS 1. Adirondack Park State Land Master
Plan Guidelines. At pages 17-18, the APSLMP defines “motor vehicle”
in relevant part as “a device for transporting supplies or material,
incorporating a motor or an engine of any type for propulsion and with
wheels ... for traveling on or adjacent to land and water or through
water” and specifies that the term includes all-terrain vehicles. The
APSLMP defines “All Terrain Vehicle” on page 16 as “a motor
vehicle designed or used for cross country travel on unimproved roads or
trails,” including “jeeps or other four wheel drive automobiles,
dirt or trail bikes and all forms of ATVs, ATCs, and ORVs,” but
excluding snowmobiles. Thus, for purposes of the APSLMP, an ATV is a
“motor vehicle.” The APSLMP defines “road” on
pages 18-19 as “an improved or partially improved way designed for
travel by automobiles and which may also be used by other types of motor
vehicles except snowmobiles, unless the way is a designated snowmobile
trail, and is either: (i) maintained by a state agency or
a local government and open to the general public; (ii) maintained by private persons
or corporations primarily for private use but which may also be open to
the general public for all or a segment thereof; or (iii) maintained by
the Department of Environmental Conservation or other state agency and
open to the public on a discretionary basis. The APSLMP provides at page 33, in
Basic Guideline 4 for units classified as Wild Forest that “public use
of motor vehicles will not be encouraged and there will not be any
material increase in the mileage of roads ... open to motorized use by
the public in wild forest areas that conformed to the Master Plan at the
time of its original adoption in 1972.” The APSLMP, on page 34 in Guideline
2 for “Motor vehicles, motorized equipment and aircraft,” provides
further instruction on the public use of motor vehicles in Wild Forest
units. This Guideline allows the use of
motor vehicles by the general public, subject to the “no material
increase” provision cited above, but only on existing public roads and
Department of Environmental Conservation roads designated as open for
public use by motor vehicles by the Department of Environmental
Conservation. This Guideline also limits the public use of ATVs to
“existing public roads or Department of Environmental Conservation
roads open to such vehicles.” Thus, the APSLMP authorizes the use
of ATVs in the Forest Preserve in areas classified as Wild Forest only
on roads that are open for public motor vehicle use. Simply, ATV use is
not allowed in Wild Forest units on trails or trailless areas adjacent
to roads. 2. Catskill Park State Land Master
Plan Guidelines. At page 100, the CPSLMP defines “motor vehicle” in
relevant part as “a device for transporting personnel, supplies or
material that uses a motor or an engine of any type for propulsion and
has wheels, tracks, skids, skis, air cushion or other contrivance for
traveling on, or adjacent to air, land and water or through water. The
term includes such vehicles as automobiles, trucks, jeeps, motorbikes,
all-terrain vehicles, duffle carriers, snowcats, bulldozers and other
earth moving equipment and motorboats, but does not include
snowmobiles”. Thus, for purposes of the CPSLMP, an ATV is a “motor
vehicle. The CPSLMP defines “road” on
page 102 as “an improved way designed for travel by motor vehicles
and: (i) either maintained by a state
agency or a local government and open to the general public; or (ii) maintained by private persons
or corporations primarily for private use but which may also be partly
or completely open to the general public for all or a segment thereof;
or (iii) maintained by the Department
of Environmental Conservation for administrative use only. The CPSLMP provides at page 35,
Guidelines for Management and Use for units classified as Wild Forest
that “public use of motor vehicles will not be encouraged and there
will not be any increase in the number or length of roads and trails
open to motorized use.” The CPSLMP on page 37 in “Motor
vehicles, Motorized Equipment and Aircraft,” provides further
instruction on the public use of motor vehicles in Wild Forest units.
This Guideline allows the use of motor vehicles by the general public,
subject to the “no material increase” provision cited above, but
only on existing public roads, maintained by the Department of
Transportation or local governments or on designated roads now open to
the public at the discretion of the Department of Environmental
Conservation.. This Guideline also limits the public use of ATVs to
existing public roads or Department of Environmental Conservation roads
open to such vehicles. Further, the CPSLMP states on page 38 that “no
new roads will be constructed.” Thus, the CPSLMP authorizes the use
of ATVs in the Forest Preserve in areas classified as Wild Forest only
on roads that are open for public motor vehicle use. Simply, ATV use is
not allowed in Wild Forest units on trails or adjacent trailless areas. 3. Department Regulations. 6 New
York Code of Rules and Regulations (“NYCRR”) Part 196 implements the
APSLMP and CPSLMP provisions on motor vehicle use on Forest Preserve
lands in the Adirondack and Catskill Parks. Pursuant to 6 NYCRR §196.1,
the operation of motorized vehicles is allowed only on roads. 4. The Vehicle and Traffic Law.
V&TL §2405(1) sets forth the requirements that municipalities and
state agencies must follow in order to open highways to ATVs: ... any
... governmental agency with respect to highways ... under its
jurisdiction may designate and post any such public highway or portion
thereof as open for travel by ATVs when in the determination of the
governmental agency concerned, it is otherwise impossible for ATVs to
gain access to areas or trails adjacent to the highway. Such
designations by a state agency shall be by rule or regulation, and such
designations by any municipality other than a state agency shall be by
local law or ordinance. V&TL §118 defines “highway”
as “the entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for
purposes of vehicular travel.” Thus, a road, as defined in the Master
Plan, is a “highway,” as defined in the Vehicle and Traffic Law, if
the road is open to public vehicular traffic. V&TL §2405(1) requires that
state agencies and municipalities, which open highways to ATVs, must
first determine that “it is otherwise impossible for ATVs to gain
access to areas or trails adjacent to the highway.” Implicit in this
provision is a requirement that such adjacent areas or trails must be
legally opened to ATV use. Three recent State Supreme Court
decisions have interpreted the “otherwise impossible to gain access to
areas or trails adjacent to the highway” requirement in V&TL §
2405(1). See, e.g., Santagate v. County of Franklin, Supreme Court,
Franklin County, Index No. 99-23, January 28, 1999, Decision and Order;
Brown v. Town of Pitcairn, Supreme Court, St. Lawrence County, Index No.
113023, March 13, 2003; and Brown v. Town of Pitcairn, Supreme Court,
St. Lawrence County, Index No. 114295, August 19, 2003. These three
decisions have each held that, in order to satisfy the “otherwise
impossible to gain access to areas or trails adjacent to the highway”
requirement, a municipality must make a specific finding that the
purpose of opening a road is to provide ATVs with access to areas or
trails adjacent to the highway which are otherwise impossible to access.
The decisions in these cases, although involving municipal local laws or
ordinances, are applicable to State agencies because State agencies,
like municipalities, are charged by the statute with making the
“otherwise impossible to gain access to areas or trails adjacent to
the highway” finding. In summary, the APSLMP provides that
in Wild Forest units ATVs are not allowed on trails or trailless areas
and are allowed only on roads that are open to the public for use by
other types of motor vehicles. However, the V&TL provision prohibits
the use of ATVs on such roads except for the limited purpose of
providing access to areas or trails adjacent to the roads, which are
legally open to ATVs, and which cannot otherwise be accessed. Therefore,
ATV’s cannot be allowed on Forest Preserve except for short distances
on roads open to other motor vehicles where the road provides a
connection to a route open to the public on private or other public
lands, including easement lands. With respect to Reforestation,
Multiple Use and Unique Areas, V&TL §2405(1) is equally applicable.
ATV’s are not allowed on public highways unless the purpose of such
opening is to provide ATV’s with access to areas, which they otherwise
cannot access. If adjacent trails or areas are opened to ATVs in these
areas, opening the roads requires a specific finding, through the UMP
process, that ATVs cannot access such trails or areas unless adjacent
roads are open to ATVs. The purpose of VTL section 2405(1)
is to prevent the simultaneous public use of passenger vehicles and ATVs
on public highways except when necessary for ATVs to access trails or
areas adjacent to such highways where it is otherwise impossible for
them to access such trails or areas. Roads on Conservation Easement
Lands that are closed to the public use of passenger vehicles are
private roads. Consequently, with respect to Conservation Easement
Lands, the provisions of VTL section 2405(1) are not applicable. D. FUTURE LEGISLATION Any future adopted legislation
addressing Public ATV Access on the Forest Preserves, Reforestation,
Multiple Use and Unique Areas, and Conservation Easement Lands will
take precedence and this policy will be implemented consistent with this
legislative action. III. Purpose and Background: The ATV Policy for Public ATV
Access on the Forest Preserves, Reforestation, Multiple Use and Unique
Areas, and Conservation Easement Lands has been developed as a
result of the critical need to address the impending impacts of public
ATV access on these lands and to respond to issues surrounding public
ATV access on these lands. The purpose of the policy is to
provide the Department and its staff with a set of criteria for
evaluating the suitability of roads on these public lands for public ATV
access and to establish that the determination to open any roads for
public ATV access will be made through the UMP process for Forest
Preserves, Reforestation, Multiple Use and Unique Areas and Unique Areas
and pursuant to the terms of each Conservation Easement and the
subsequent Recreational Management Plans. IV. Responsibility: It shall be the responsibility of
all Department Divisions and staff to implement the guidelines set forth
in this policy. It shall also be the responsibility of the Department to
periodically review the provisions of this policy and recommend
amendments, where necessary. It shall also be the responsibility
of the Department to consider the promulgation of appropriate controls,
including equipment requirements, to minimize adverse environmental
impacts of public ATV use through regulations. V. Procedure: This policy will be implemented
through the UMP process established by the APSLMP, CPSLMP,
Reforestation, Multiple Use and Unique Areas Handbook and pursuant to
the terms of each individual Conservation Easement and associated
recreational management plans. Related References: • Adirondack Park State Land
Master Plan (APSLMP), Adirondack Park Agency, June 2001 • Catskill Park State land Master
Plan (CPSLMP), NYSDEC, 1985 • Policy LF 91-2 • 2003 Adirondack Park
Agency/Department of Environmental Conservation Memorandum of
Understanding • Hutchins et al. v. Town of
Colton et al., St. Lawrence County Supreme Court, Index N. 116349,
Decision and Order dated August 31, 2004. • Santagate v. County of Franklin,
Supreme Court, Franklin County, Index No. 99-23, January 28, 1999,
Decision and Order • Brown v. Town of Pitcairn,
Supreme Court, St. Lawrence County, Index No. 113023, March 13, 2003; • Brown v. Town of Pitcairn,
Supreme Court, St. Lawrence County, Index No. 114295, August 19, 2003. |