Requires the office of parks, recreation and historic preservation to establish design standards for trails and providing justification for any denial of any new trail applications or modification of existing trails.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8301
SPONSOR: Fahy TITLE OF BILL:
An act to amend the parks, recreation and historic preservation law, in
relation to directing the office of parks, recreation and historic pres-
ervation to promulgate uniform design standards for all trails under its
jurisdiction
PURPOSE:
Direct OPRHP to require that any new trail established or existing trail
modified under its jurisdiction conform with design standards promulgat-
ed by the office.
SUMMARY OF PROVISIONS:
Section 1. Amends the parks, recreation and historical preservation law
to require that any new trail or existing trail modification under the
office's jurisdiction complies with design standards established by the
office that identify best practices for trail design and maintenance.
Section 2 sets the effective date.
JUSTIFICATION:.
The statewide system of recreational trails provides New Yorkers and
visitors alike with access to outdoor recreation and non-motorized
transportation. Trails generate economic activity across the state, with
trail users patronizing nearby businesses, restaurants, and retailers.
In 2017, OPRHP promulgated the Empire State Trail. Design Guide to iden-
tify best practices for trail specifications, maintenance, and accessi-
bility. However, these guidelines are not uniformly followed, resulting
in accessibility issues and inconsistent, confusing signage on the
state's trails.
This bill would require new trails and any upgrades or modifications to
existing trails to conform to the standards promulgated by OPRHP.
Ensuring consistency across trails statewide would improve user experi-
ence and give people the sense that the trails compromise a unified
system. Improving the quality of the state's trails would encourage
their use, increasing access to outdoor recreation and to low-carbon
transportation options for New Yorkers.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
Unknown.
EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
8301
2023-2024 Regular Sessions
IN ASSEMBLY
November 27, 2023
___________
Introduced by M. of A. FAHY -- read once and referred to the Committee
on Tourism, Parks, Arts and Sports Development
AN ACT to amend the parks, recreation and historic preservation law, in
relation to directing the office of parks, recreation and historic
preservation to promulgate uniform design standards for all trails
under its jurisdiction
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 7-a of section 3.09 of the parks, recreation
2 and historic preservation law, as added by chapter 999 of the laws of
3 1973, is amended to read as follows:
4 7-a. (a) Promulgate a comprehensive plan for the establishment of a
5 state-wide trails system. For the purposes of this subdivision "trails"
6 shall include footpaths, bike ways, snowmobile trails, horse trails,
7 cross country ski trails, roads and other rights-of-way suitable for
8 hiking, strolling, cycling, horseback riding, skiing and other means of
9 motorized and non-motorized travel for recreational purposes and shall
10 include combinations and systems of trails, including connecting and
11 side trails, and trails leading to scenic and recreational areas. The
12 commissioner, with the approval of the director of the budget, may,
13 within the appropriations made available by the legislature, purchase
14 such abandoned railroad rights-of-way as can be used in the comprehen-
15 sive plan, and make improvements where necessary, in order to make them
16 suitable and available for use as trails.
17 (b) Promulgate rules and regulations establishing design standards
18 identifying best practices for, including but not limited to, trail
19 design specifications, road crossing treatments, bicycle and pedestrian
20 facilities.
21 (c) Be empowered to deny new trail applications under the jurisdiction
22 of the office, for failing to conform with the standards established
23 under paragraph (a) of this subdivision and state the reasons for such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13555-02-3
A. 8301 2
1 denial to be enumerated with a written justification which shall be
2 posted publicly online.
3 (d) Be empowered to deny applications for the expansion or modifica-
4 tion of trails under the jurisdiction of the office, for failing to
5 conform with the standards established under paragraph (a) of this
6 subdivision and state the reasons for such denial to be enumerated with
7 a written justification which shall be posted publicly online.
8 § 2. This act shall take effect on the one hundred eightieth day after
9 it shall have become a law.
