STATE OF NEW YORK
________________________________________________________________________
9670
IN ASSEMBLY
January 21, 2026
___________
Introduced by M. of A. CASHMAN -- read once and referred to the Commit-
tee on Tourism, Parks, Arts and Sports Development
AN ACT to amend the parks, recreation and historic preservation law, the
vehicle and traffic law, the state finance law and the environmental
conservation law, in relation to the creation of an ATV recreation
fund and the use of ATVs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent and purpose. In order to best organize
2 and sustain an environmentally sustainable statewide system of trails
3 for all terrain vehicles, the legislature hereby creates an ATV recre-
4 ation fund. The control and supervision of the recreation fund shall be
5 maintained by the office of parks, recreation and historic preservation
6 upon consultation with the department of environmental conservation. The
7 recreation fund is created for the purpose of designating state, munici-
8 pal and private lands as part of a statewide network of ATV trails. Fees
9 obtained by the office of parks, recreation and historic preservation
10 for the maintenance of the recreation fund shall be divided between
11 administration, enforcement, and a motorized access program for people
12 with disabilities. It is the purpose of this act to promote the safe
13 and proper use of all terrain vehicles for recreation and commerce in
14 this state by encouraging their use and development, while minimizing
15 detrimental effects of such use upon the environment and also promoting
16 access to all regardless of ability.
17 § 2. Title D of the parks, recreation and historic preservation law is
18 amended by adding a new article 26 to read as follows:
19 ARTICLE 26
20 ALL-TERRAIN VEHICLE RECREATION FUND
21 Section 26.01 Rules and regulations.
22 § 26.01 Rules and regulations. The department shall promulgate regu-
23 lations for the use of ATVs with a view towards achieving maximum use of
24 ATVs and minimizing the detrimental effect thereof upon the environment.
25 Nothing in this section shall prohibit the department or the department
26 of environmental conservation pursuant to section 9-0303 of the environ-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06717-02-6
A. 9670 2
1 mental conservation law from authorizing other ATV use on state-owned
2 lands. The commissioner shall adopt rules and regulations relating to
3 and including, but not limited to the following:
4 a. Use of ATVs insofar as fish and wildlife resources and natural
5 resources of the state.
6 b. Use of ATVs on public lands under the jurisdiction of the depart-
7 ment, providing for incorporating recreational and sportsman use into
8 UMPs developed for such lands.
9 c. Uniform signs or markers.
10 d. Requirements that new connector trails must comply with state laws
11 and regulations and, where applicable for state-owned lands, comply with
12 a unit management plan.
13 e. Provisions for current trails and trails pending approval on or
14 before the effective date of this article are preserved in perpetuity
15 and nothing shall restrict the use of commissioner policy three (CP3)
16 permits issued by the department of environmental conservation on these
17 trails.
18 § 3. Subdivision 1 of section 2282 of the vehicle and traffic law, as
19 amended by chapter 402 of the laws of 1986, is amended to read as
20 follows:
21 1. Except as hereinafter provided, no person shall operate any ATV
22 within the state on lands other than those privately owned by the ATV
23 owner unless such ATV has been registered and numbered in accordance
24 with the provisions of this article, and the registration number for
25 such ATV is in full force and effect and displayed as provided under
26 this article and regulations promulgated thereunder.
27 § 4. The closing paragraph of subdivision 4 of section 2282 of the
28 vehicle and traffic law, as added by section 4 of part G of chapter 59
29 of the laws of 2009, is amended and a new paragraph (h) is added to read
30 as follows:
31 [Notwithstanding any inconsistent provision of this section, the
32 difference collected between the fees set forth in paragraphs (a) and
33 (b) of this subdivision in effect on and after September first, two
34 thousand nine and the fees set forth in such paragraphs in effect prior
35 to such date shall be deposited to the credit of the dedicated highway
36 and bridge trust fund.]
37 (h) Fees collected pursuant to this section shall be deposited into
38 the ATV recreation fund established pursuant to section ninety-nine-uu
39 of the state finance law, and used only for those purposes enumerated in
40 such section.
41 § 5. Subdivision 12 of section 2282 of the vehicle and traffic law, as
42 added by chapter 671 of the laws of 1985, is amended to read as follows:
43 12. Out of state ATV registration. (a) The registration provisions of
44 this article shall not apply to non-resident owners who have registered
45 their ATVs in compliance with the registration and licensing laws of the
46 state, province, district or country of residence, provided that the ATV
47 is appropriately identified in accordance with the laws of the state of
48 residence. The provisions of this subdivision shall not apply to a resi-
49 dent of another state, province, district or country which does not have
50 an ATV registration and identification law. Nothing in this subdivision
51 shall be construed to authorize the operation of any ATV contrary to the
52 provisions of this article.
53 (b) Non-resident owners who reside in a jurisdiction which does not
54 have an ATV registration and identification law, shall pay an annual
55 fee, equal to that provided for pursuant to paragraph (b) of subdivision
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1 four of this section to lawfully operate such ATV in the state on lands
2 other than those privately owned by the ATV owner.
3 § 6. Section 2411 of the vehicle and traffic law, as added by chapter
4 402 of the laws of 1986, is amended to read as follows:
5 § 2411. Liability for negligence. 1. Negligence in the use [of] or
6 operation of an ATV shall be attributable to the owner. Every owner of
7 an ATV used or operated in this state on lands other than those private-
8 ly owned by the ATV owner must be insured. Owners of ATVs used or oper-
9 ated in this state shall be liable and responsible for death or injury
10 to [person] persons or damage to property resulting from negligence in
11 the use or operation of such ATV [by any person using or operating the
12 same with the permission, express or implied, of such owner, provided,
13 however, that such operator's negligence shall not be attributed to the
14 owner as to any claim or cause of action accruing to the operator or his
15 legal representative for such injuries or death].
16 2. Duties of ATV owners and operators. It is recognized that driving
17 an ATV is a voluntary activity that may be hazardous. It shall be the
18 duty of ATV owners and operators:
19 (a) To keep their ATVs in proper working order.
20 (b) To follow any and all other rules of conduct as are prescribed
21 pursuant to section 26.01 of the parks, recreation and historic preser-
22 vation law.
23 (c) Not to operate an ATV in any area not designated for driving ATVs.
24 (d) Not to operate an ATV beyond the conditions that limit speed.
25 (e) To familiarize themselves with rules of the trail.
26 (f) Not to leave the scene of any accident resulting in personal inju-
27 ry or damage to the property beyond the trail.
28 § 7. The state finance law is amended by adding a new section 99-uu to
29 read as follows:
30 § 99-uu. ATV recreation fund. 1. There is hereby established in the
31 joint custody of the commissioner of parks, recreation and historic
32 preservation and the comptroller a fund to be known as the "ATV recre-
33 ation fund".
34 2. The ATV recreation fund shall consist of moneys appropriated there-
35 to, and funds transferred from any other fund or source including the
36 payment of fees pursuant to section twenty-two hundred eighty-two of the
37 vehicle and traffic law.
38 3. Ten percent of all moneys in the ATV recreation fund shall be
39 available for the administrative costs of administering such fund.
40 Forty-five percent of all moneys in the ATV recreation fund shall be
41 made available for the maintenance and construction for motorized access
42 for the disabled. Forty-five percent of all moneys in the ATV recreation
43 fund shall be made available for enforcing and educating the public
44 about the provisions of article twenty-six of the parks, recreation and
45 historic preservation law.
46 4. Monies shall be payable from the fund on the audit and warrant of
47 the state comptroller on vouchers approved and certified by the commis-
48 sioner of parks, recreation and historic preservation.
49 § 8. Paragraph (a) of subdivision 1 of section 2281 of the vehicle and
50 traffic law, as amended by chapter 319 of the laws of 1997, is amended
51 to read as follows:
52 (a) "All terrain vehicle" or "ATV" means any self-propelled vehicle
53 which is manufactured for sale for operation primarily on off-highway
54 trails or off-highway competitions and only incidentally operated on
55 public highways providing that such vehicle does not exceed seventy
56 inches in width, or [one thousand] two thousand two hundred pounds dry
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1 weight, including vehicles that are classified as "utility terrain vehi-
2 cles" or "UTVs". Provided, however, this definition shall not include a
3 "snowmobile" or other self-propelled vehicles manufactured for off-high-
4 way use exclusively designed for travel on snow or ice, steered by skis
5 or runners and supported in whole or in part by one or more skis, belts
6 or cleats which utilize an endless belt tread.
7 § 9. The vehicle and traffic law is amended by adding a new section
8 2414 to read as follows:
9 § 2414. Trespass violation fine. Operators of ATVs which have been
10 cited for trespass shall be fined one hundred dollars for a first
11 violation; two hundred dollars for a second violation within three
12 hundred sixty-five days of the initial violation; and five hundred
13 dollars for subsequent violations within three hundred sixty-five days
14 of the initial violation. The money collected from the fines shall be
15 put into the ATV recreation fund established by section ninety-nine-uu
16 of the state finance law and shall be split fifty percent for enforce-
17 ment, education and remediation and the other fifty percent for trail
18 maintenance and trails construction and maintenance for the motorized
19 access for the disabled.
20 § 10. Section 1-0303 of the environmental conservation law is amended
21 by adding four new subdivisions 27, 28, 29 and 30 to read as follows:
22 27. "All terrain vehicle" or "ATV" shall have the meaning set forth in
23 paragraph (a) of subdivision one of section twenty-two hundred eighty-
24 one of the vehicle and traffic law.
25 28. "Connector trail" shall mean a public highway or portion thereof
26 open for travel by ATVs, any trails or portions thereof; and any exist-
27 ing railroad beds and private roads or portions thereof.
28 29. "Private road" shall have the meaning set forth in section one
29 hundred thirty-three of the vehicle and traffic law.
30 30. "Public highway" shall have the meaning set forth in section one
31 hundred thirty-four of the vehicle and traffic law.
32 § 11. Section 9-0303 of the environmental conservation law is amended
33 by adding a new subdivision 8 to read as follows:
34 8. All terrain vehicles. a. After April first, two thousand twenty-
35 seven, the department, in consultation with the office of parks, recre-
36 ation and historic preservation may authorize the public use of ATVs on
37 forest preserve lands by the general public both inside and outside the
38 boundaries of the Adirondack park and on other state-owned lands under
39 the department's jurisdiction which are located within the boundaries of
40 the Adirondack park shall comply with the requirements of the Adirondack
41 park state land master plan.
42 b. Connector trails on forest preserve lands inside the Adirondack
43 park boundary:
44 i. shall follow the shortest reasonable route;
45 ii. shall not generally exceed one and six-tenths mile in length; and
46 iii. total connector trails shall not exceed a total mileage of five
47 miles and such mileage shall be administered by the department;
48 provided, however, that in the event that the total area of the Adiron-
49 dack park is expanded after the effective date of this subdivision, such
50 five total mileage limitation shall be expanded to reflect the ratio
51 that five miles is to the total acreage of such park on April first, two
52 thousand twenty-seven.
53 Provided, however, connector trails in use prior to the effective date
54 of this subdivision may remain in use. Connector trails not exceeding
55 the mileage limits established by this subdivision may be extended on
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1 state lands under the jurisdiction of the department other than those
2 described in this subdivision.
3 c. Persons with qualifying disabilities to whom the department has
4 issued a permit and a companion may use ATVs at the locations authorized
5 by such permit and pursuant to the terms and conditions of such permit.
6 Such authorization shall comply with the requirements of section twen-
7 ty-four hundred five of the vehicle and traffic law and other applicable
8 law.
9 d. ATVs may be used on state land under the department's jurisdiction
10 for appropriate administrative, law enforcement, and emergency purposes.
11 e. The provisions of this subdivision shall only apply to lands within
12 the boundaries of the Adirondack park or under the jurisdiction of the
13 department on or before January first, two thousand twenty-seven.
14 § 12. This act shall take effect immediately.
