What's happening
This bill prohibits the general public from using all-terrain vehicles in the forest preserve, Albany Pine Bush, and Long Island Central Pine Barrens, with exceptions for officials and emergencies.
Why it matters
Protects sensitive natural areas. by specifically banning recreational ATV use in the Forest Preserve, Albany Pine Bush, and Long Island Central Pine Barrens, aiming to reduce habitat destruction, soil erosion, and disturbance to wildlife in these unique ecosystems.
Enables reasonable exceptions. for officials conducting law enforcement, emergency response, administrative duties, and for people with disabilities who have special permits, balancing public safety and accessibility needs with conservation goals.
Introduces new enforcement powers and penalties. , including immediate impoundment of ATVs used illegally in these areas and a mandatory $100 surcharge, with funds earmarked for enhanced ATV law enforcement and environmental protection.
Allows for stricter local regulations. , ensuring that cities, towns, and villages can adopt even tougher rules if needed, empowering communities to further safeguard their local environments beyond the state standard.
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Who cares
Headline styles
Ban ATVs in State Preserves
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban ATVs in Protected Forests
In Assembly Committee · Tourism, Parks, Arts And Sports Development · Sponsor Steven Englebright
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5836
2019-2020 Regular Sessions
IN SENATE
May 15, 2019
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to prohibiting the use of all-terrain vehicles within the forest preserve, the Long Island central pine barrens and the Albany pine bush preserve, and providing penalties for violations of all-terrain vehicle laws in such sensitive areas
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 9-0303 of the environmental conservation law is amended by adding a new subdivision 8 to read as follows:
8. All-terrain vehicles. a. For the purposes of this subdivision:
(i) "All-terrain vehicle" shall mean a motor vehicle which is manufactured for operation primarily for off-highway use or off-highway competitions and only incidentally operated on public highways; provided, however, such term shall not include a snowmobile.
(ii) "Snowmobile" shall mean a motor vehicle designed for travel on snow or ice by means of a combination of tracks and a ski or skis.
b. Notwithstanding any other provision of law to the contrary, the use of all-terrain vehicles by the general public within the forest preserve is prohibited.
c. A qualified person with a disability to whom the department has issued a nontransferable temporary revocable permit providing motor vehicle access to certain state lands under the jurisdiction of the department may use an all-terrain vehicle pursuant to the terms and conditions of such permit.
d. Employees of the department may use all-terrain vehicles for appropriate administrative purposes where necessary and consistent with the provisions of the Adirondack park state land master plan or the Catskill park state land master plan. The department shall not delegate its authority pursuant to this paragraph.
e. All-terrain vehicles may be used by appropriate officials where necessary for law enforcement.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05816-01-9
S. 5836 2
f. All-terrain vehicles may be used, by or under the supervision of appropriate officials, in cases of sudden, actual and ongoing emergencies that involved the protection or preservation of human life or intrinsic resource values, and that involve search and rescue operations, forest fires or large-scale contamination of water bodies.
§ 2. Subparagraph (v) of paragraph a of subdivision 2 of section 46-0111 of the environmental conservation law, as added by chapter 792 of the laws of 1988, is amended to read as follows:
(v) other recreational uses; provided, however, that, notwithstanding any other provision of law to the contrary, the use of all-terrain vehicles by the general public within the Albany Pine Bush preserve is prohibited.
§ 3. Paragraph (d) of subdivision 2 of section 57-0121 of the environmental conservation law, as added by chapter 262 of the laws of 1993, is amended to read as follows:
(d) promote active and passive recreational and environmental educational uses that are consistent with the land use plan; provided, however, that, notwithstanding any other provision of law to the contrary, the use of all-terrain vehicles by the general public within the Central Pine Barrens area is prohibited; and
§ 4. The environmental conservation law is amended by adding a new section 71-0717 to read as follows: § 71-0717. Additional all-terrain vehicle enforcement on sensitive state
lands.
1. In addition to the penalties set forth in subdivision one of section 71-0703 of this title, and sections 71-4001 and 71-4003 of this article, a police officer or peace officer may immediately impound any all-terrain vehicle operated in violation of subdivision eight of section 9-0303, paragraph (d) of subdivision two of section 57-0121 or subparagraph (v) of paragraph a of subdivision two of section 46-0111 of this chapter. Such impounded all-terrain vehicle shall be processed consistent with the provisions of section five hundred eleven-b of the vehicle and traffic law; provided, however, that a surcharge of one hundred dollars shall be paid by the owner of such vehicle, and monies therefrom shall be deposited into a separate, non-lapsing all-terrain vehicle enforcement fund of the impounding law enforcement agency, except as provided by subdivision two of this section.
2. Where the impounding officer is a peace officer employed by the department, the environmental regulatory account of the environmental conservation special revenue fund shall be credited with the monies received from the surcharge required by subdivision one of this section. Monies collected pursuant to this subdivision shall be made available to the department for the purpose of enforcing all-terrain vehicle laws applicable to the forest preserve, Long Island Central Pine Barrens area and the Albany Pine Bush preserve.
§ 5. Nothing in this act shall be deemed to limit the authority of any county, city, town or village to adopt or amend any local law or ordinance which imposes stricter restrictions and conditions on the operation of all-terrain vehicles than are provided or authorized by this act, so long as such local law or ordinance is consistent with the authority to protect the order, conduct, health, safety and general welfare of persons or property. Nothing in this act shall be deemed to alter or invalidate any local law or ordinance in effect on the effective date of this act.
§ 6. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to prohibiting the use of all-terrain vehicles within the forest preserve, the Long Island central pine barrens and the Albany pine bush preserve, and providing penalties for violations of all-ter- rain vehicle laws in such sensitive areas
Purpose or general idea of bill
This bill would protect the Forest Preserve, the Long Island Central Pine Barrens, and the Albany Pine Bush Preserve from environmental damage that results from all-terrain vehicle (ATV) operation on these sensitive state-protected lands.
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 appro- priate officials where necessary for law enforcement and in cases of emergencies. The bill would provide resources for the enforcement of ATV laws on the Forest Preserve, on the Long Island Central Pine Barrens, and on the Albany Pine Bush Preserve. The bill would give law enforce- ment officials the option to impound an ATV that is being operated ille- gally 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 the enforc- ing entity, DEC would receive the monies collected from the surcharge. The bill would preserve the ability of local governments to enact stric- ter laws or ordinances and would not alter or invalidate any local laws or ordinances already in effect.
Read the full memo (1,008 words)
Justification
Illegal ATV operation is damaging the Forest Preserve, which consists of State lands protected by Article 14 of the New York State Constitution as "Forever Wild." Documented evidence shows that ATVs are being oper- ated 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 roads 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 contracts, 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 recog- nized 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-im- paired 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 Forest area due to adverse impacts caused by ATVs.
ATV advocates are pressing the DEC to allow broader use of ATVs, espe- cially 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 avail- able 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 would provide those resources by requiring the payment of a surcharge when ATV owners redeem their ATVs impounded for illegal opera- tion. 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.
Prior legislative history
2003-04 A8480 referred to environmental conservation 2005-06 A6665 referred to tourism, arts and sports development 2007-08 A916 referred to tourism, arts and sports development 2009-10 A2156 referred to environmental conservation 2011-12 A3818 referred to tourism, parks, arts and sports development 2013-14 A2481 referred to tourism, parks, arts and sports development 2015-16 A1631 referred to tourism, parks, arts and sports development 2017-18 A6002 referred to tourism, parks, arts and sports development
Fiscal implications for state and local governments
Resources for local and state enforcement officials.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.