Prohibits the operation of all-terrain vehicles in the state forest preserve, Long Island central pine barrens area and Albany pine bush preserve

Summary of provisions

This bill would prohibit the use of ATVs by the general public within the Forest Preserve. The bill would also codify the prohibition of ATV use, under the provisions of the land use plan for the Long Island Central Pine Barrens and under the rules and regulations for the Albany Pine Bush Preserve, on those lands.

The bill would continue to allow ATV use within the Forest Preserve in some specific instances provided for by Adirondack Park State Land Master Plan. The bill would continue to allow ATV use by a qualified person with a disability with a DEC permit, by DEC employees for appropriate administrative purposes and by appropriate officials where necessary for law enforcement and in case of emergencies.

The bill would provide resources for the enforcement of ATV laws within the Forest Preserve, the Long Island Central Pine Barrens and the Albany Pine Bush Preserve. This legislation will give law enforcement officials the option to impound an ATV that is being operated illegally on these lands. The bill would require the owner of an ATV to pay a $100 surcharge at the time of redemption of an impounded ATV in order to fund the enforcement of ATV laws that apply to these lands by the applicable enforcement authority. In cases where DEC is at the enforcing entity, DEC would receive the monies collected for the surcharge.

The bill would preserve the ability of local governments to enact stricter laws or ordinances and would not alter or invalidate any local laws or ordinances already in effect.

Justification

Illegal ATV operation is damaging the Forest Preserve, which consists of state lands protected by Article 14 of the New York Constitution as "Forever Wild". Documented evidence shows that ATVs are being operated illegally within the Adirondack Forest Preserve and that they are causing environmental damage, such as deep ruts, erosion and ponding. Documented evidence shows that ATV users are not staying on designated road and are going off-road into areas of the Forest Preserve where they are clearly not supposed to be (even in violation of DEC posted signs and stop barriers that prohibit ATV access). The best way to stop the environmental degradation of the Forest Preserve is to

prohibit access to it by ATVs. New Jersey passed a law last year to ban ATVs from State parks and forests.

The Adirondack Park State Land Master Plan contains specific provisions that require ATVs to go only on designated roads. In contrast, the Catskill Park State Land Master Plan does not have specific provisions for ATVs and treats them generally as all other motor vehicles.

The illegal operation of ATVs across the State is a growing concern as more vehicles are purchased each year. Last year, DEC publicly recognized the increasing problem of ATVs on Forest Preserve land. The Department reminded the public that ATVs can be used only on designated roads specifically posted by DEC for ATV use and for use by mobility-impaired individuals with a permit. DEC employees are already covered by a DEC Commissioner's policy that restricts ATV use. The DEC also has closed some roads to all motor vehicle traffic in the Aldrich Pond Wild and forest area due to adverse impacts caused by ATVs.

ATV advocates are pressing the DEC to allow broader use of ATVs, especially on the Adirondack Forest Preserve. The enforcement problem that DEC faces will only get worse as time goes on. Prohibiting ATV use on the Forest Preserve will avoid the "creep" of ATV access through the Unit Management Planning process.

This bill extends the protections to the Forest Preserve that are available administratively to the Long Island Central Pine Barrens and the Albany Pine Bush Preserve. This bill also codifies those administrative provisions, helping to ensure that they will remain in place through the force of law. The Long Island Central Pine Barrens Comprehensive Land Use Plan states that operation of all-terrain vehicles is an incompatible recreational activity which has major physical impacts on natural resources. The rules and regulations governing the public use of the Albany Pine Bush Preserve prohibit the use or possession of an ATV on Preserve lands, except for administrative use, use by persons with mobility impairments under permit and on Preserve Lands designated as parking areas.

DEC needs additional resources to adequately enforce operation of ATVs. This bill will provide those resources by requiring the payment of a surcharge when ATV owners redeem their ATVS impounded for illegal operation. This bill also provides enforcement officers with the additional enforcement tool of the option to impound an ATV based upon the laws of the state of Maine and New York's Suffolk County. Suffolk County has recently increased the strength of its local law that gives enforcement officers the option to impound an ATV under certain conditions and impose fines.

Legislative history

2013-14 S.5105; 2011-12 A3818; 2009-10 A.2156; 2007-08 A.916; 2005-06 A.6665; 2003-04 S.5073/A.8480

Fiscal implications

Resources for state and local enforcement officials

Effective date

Immediately.