Alert! Proposed changes by DEC for use of State Lands

It is urgent that each club and snowmobiler reads the recently released proposed changes to Rule 190, Title 6 of NYCRR. Public comment period ends July 3rd, lasting 45 days from the publishing date of May 21, 2008. There will not be any public hearings on these proposed rules. These proposed changes are for all state lands and may have significant impacts on the way snowmobiling currently exists outside the Adirondack and Catskill State Parks. In other words, every county outside the State Forest Preserves is affected.

Clubs and individuals need to respond to and make comment on the proposed changes. Contact information to send comments is listed at the end of this Alert.

The Rule 190 revisions have been posted on the website. The proposals for revision focus on Title 6 NYCRR, sections 190.0 and 190.8. There are wording changes and new paragraphs detailing the use of all state lands, including that by snowmobiles.

Highlights include:

• snowmobiles are used only on trails designated by DEC, including lands where rights are owned and managed under conservation easement; (How will trail relocation occur on easement lands?)
• section 190.8, section (g) states: “no person shall deface, remove, destroy or other wise injure in any manner whatsoever any tree, flower, shrub, fern, fungi or other plant like organisms, moss or other plant, rock, soil, fossil or mineral or object of archaeological or paleontological interest found or growing on State land …
• (Underlined words and phrases are new additions to existing 1972 regulations. How would anyone venture onto state land without stepping on vegetation? What determines injury, defacing or destroying soil? How would this wording impact hunting and hiking? Even with a permit, how would clubs be able to complete pre-season maintenance?)
• section 190.8, section (r)(1) states that it is illegal to operate a snowmobile on any state land outside the forest preserve except on those trail designated and marked as a snowmobile trail and only when covered by snow;
• section 190.8, section (r)(2) it also states that frozen lakes can only be accessed if there is a designated trail to that frozen body of water;
• section 190.8, section (dd) restricts any activity, including snowmobiling, by a group greater than 20 people unless a permit is secured from DEC;
• Following the sections of 190.0 and 190.8 is the Regulatory Impact Statement. In it are the department justifications for the proposed Rule changes. The second section is the Legislative objective. It states makes the following statements:
• The proposed rule changes will reduce potential dangerous situations as forest fires and snowmobile accidents;
• The proposed regulations will clarify where snowmobiles can be used which will ensure safe enjoyment of State land by directing these uses to areas that have the capacity to withstand such use.

• that the nature of public recreation has changed since 6 NYCRR Part 190 was adopted in 1972 as recreation has been shifting away from more traditional passive uses such as hunting, fishing, and hiking to more high impact activities such as snowmobiling and bicycling;
• changing recreational uses has resulted in increased conflicts between different user groups;
• proposed restrictions are necessary to address the environmental damage and public safety issues resulting from unrestrained snowmobile and mountain bike use;
• current regulations for the control of snowmobiles (and other uses) on non-Forest Preserve lands are inadequate;
• the lack of regulations on these lands hinders the department’s ability to provide the public with a safe and enjoyable recreational experience;

An additional statement discusses implementing a snowmobile speed limit of 25 mph on all trails on state lands for snowmobiles. The report says speed limits would improve safety but would do nothing to reduce environmental degradation resulting from snowmobile use.

Missing from the Regulatory Impact Statement is any reference to any supportive data. They seem to be opinion statements. Is there unrestricted use of snowmobiles currently on state lands or are snowmobiles using trails designated by DEC? Regulations need to clarify that DEC has responsibilities to keep trails safe and passable. Closing a trail simply to avoid making necessary improvements is not fulfilling responsibilities. DEC UMP’s for the Adirondacks have stated that snowmobile trails suffer from degradation as a result of hiking uses. Citing snowmobiling as a high impact use is also unsupported.

The concluding section of the Needs and Benefits section states the several groups provided comment to the DEC and were generally supportive in nature. DEC includes NYSSA in the list of organizations. Commentary to Rule 190 revisions as presented to the public was not submitted to the DEC by the Association.

Comments are to be sent to Dave Forness, DEC Bureau of Land Management, 625 Broadway, Albany, NY 12233 or email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it by July 3.