Designates a portion of state route eight in the town of Deerfield in Oneida county for snowmobile use.
TITLE OF BILL: An act to amend the parks, recreation and historic preservation law, in relation to designating a portion of state route eight in the town of Deerfield in Oneida county for snowmobile use
PURPOSE OF BILL: To allow a portion of the highway right-of-way along Route 8 in Oneida County portions of which are controlled access, to be designated for use by snowmobiles.
SUMMARY OF PROVISIONS: Adds a new subdivision 1-c to section 25.05 of the Parks, Recreation and Historic Preservation Law allowing for the designation of a snowmobile trail along state Route 8 in the Town of Deerfield in Oneida County. The commissioners of OPRHP and DOT will develop conditions for the safe use of the trail. The designation of such a trail will be for one year and can be renewed with the concurrence of the commissioner of DOT.
EXISTING LAW: Section 25 of the Parks, Recreation and Historic Preservation Law pertains to control provisions for the operation of snowmobiles. Section 25.05 relates to the operation of snowmobiles on highways and specifically states that snowmobiles will not be operated on the Thruway, interstate highways and controlled access state highways.
Section 3 of the Highway Law defines controlled access highways as those highways to and from which the owners or occupants of abutting property or of any other persons will have no right of access excepting at junctions of such highways with other public highways.
PRIOR LEGISLATIVE HISTORY: This is a new proposal.
STATEMENT IN SUPPORT: Snowmobiles are expressly prohibited from operating on a controlled access state highway. portions of Route 8 have been designated controlled access. Because abutting property owners have no right of access directly onto Route 8 in this immediate area, it is a controlled access highway. Thus, it is currently contrary to the parks, recreation and historic preservation law to use a Route 8 crossing as a snowmobile trail.
Local Transportation officials and Parks officials have met in the location where a trail crossing is proposed. They have determined that a safe trail
crossing can be constructed in the vicinity of the area between mile marker 8-2607-3237 and 8-2607-3260.
BUDGET IMPLICATIONS: None.
EFFECTIVE DATE: This act takes effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7059 IN SENATE April 26, 2012 ___________Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation AN ACT to amend the parks, recreation and historic preservation law, in relation to designating a portion of state route eight in the town of Deerfield in Oneida county for snowmobile use THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 25.05 of the parks, recreation and historic preser- vation law is amended by adding a new paragraph 1-c to read as follows: 1-C. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, THE COMMISSIONER, WITH THE CONCURRENCE OF THE COMMISSIONER OF TRANSPORTATION, MAY DESIGNATE FOR SNOWMOBILE USE A TRAIL IN AND ACROSS THE RIGHT-OF-WAY OF STATE ROUTE EIGHT IN THE TOWN OF DEERFIELD IN ONEIDA COUNTY BETWEEN MILE MARKER/AREA LOCATIONS ROUTE MARKER 8-2607-3237 AND ROUTE MARKER 8-2607-3260. THE COMMISSIONER'S DESIGNATION SHALL INCLUDE CONDITIONS, DEVELOPED IN CONSULTATION WITH THE COMMISSIONER OF TRANSPOR- TATION, ON THE USE OF A HIGHWAY CROSSING TO PROVIDE FOR THE SAFE USE OF STATE ROUTE EIGHT BY SNOWMOBILES, TRAIL GROOMING EQUIPMENT AND MOTOR VEHICLES. DESIGNATIONS MADE UNDER THIS SUBDIVISION SHALL BE EFFECTIVE FOR NO LONGER THAN ONE YEAR AND MAY BE RENEWED WITH THE CONCURRENCE OF THE COMMISSIONER OF TRANSPORTATION. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15266-02-2