Relates to development of a permit system to provide disabled veterans access to certain restricted bodies of water through the use of float planes

Summary of provisions

The legislation amends the Environmental Conservation Law to establishes a system by which the Department of Environmental Conservation can grant a non-transferable temporary revocable permit to allow the use of state lands under the jurisdiction of the departments.

The Department shall determine annually on or before January 1 at minimum five bodies of water under the jurisdiction of the Department which pursuant to a Adirondack Park State Land Master Plan in accordance with § 816 of the Executive Law prohibits float plane access, that shall become accessible for individuals in legal possession of a permit.

The Department in determining which bodies of water to allow for float plane access with a permit shall be shall insure that access will not adversely impact the environment in the following manner:

(1) The natural resources of the area ability to sustain use by float plane;

(2) The compatible with other public use of the area;

(3) The safety of the operation of a float plane and the ability to prevent dangerous conditions;

(4) A demonstration that significant ecological areas including but limited to the following; exceptional forest or plant communities, shorelines, unique areas, wetlands, habitats for rare or threatened species, and biological diversity areas possessing unique, exemplary or significant natural community requiring special protection, will not be adversely effected by the operation of a float plane consistent with the provisions of this chapter.

Existing law

It is the policy of the Department of Environmental Conservation to provide a qualified person with a certified disability access by a suitable motor vehicle to certain lands under its jurisdiction.

A qualified person with a certified disability who wants to access State land by a suitable motor vehicle, where either the desired location is closed to motor vehicles or is open to motor vehicles different from the type of motor vehicle desired to be used by that person, may do so only through the authority of a permit. Such permit shall provide that the qualified person with a certified disability is authorized to operate a suitable type of motor vehicle as designated in the permit on all roads, trails and geographical areas designated by the Department for such use and elsewhere as specifically approved, consistent with current law and rules and regulations.

Justification

The Adirondack Mountains of northeastern New York are home to the six-million-acre Adirondack Park, a patchwork of public and private lands protected under state law. More than 2.6 million acres within the park are owned and managed by the state. New York's Constitution states that these public lands in the Adirondack Park must never be developed and "...shall be forever kept as wild forest lands."

This protected land, which ranges from remote back country to well-traveled mountain trails, provides a tremendous resource both for preservation and recreation. Throughout the park, the state Department of Environmental Conservation maintains more than 2,000 miles of marked trails available for people of all interests and abilities.

Legislative history

2009-2010: S. 424 Referred to Veterans, Homeland Security, and Military Affairs; A. 1187 Referred to Environmental Conservation 2011-12 S. 824 Passed Senate; A. 518 Held for consideration in Environmental Conservation

Fiscal implications

None

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law.