Permits the use of snowmobiles on the right-of-way of certain portions of state route nine hundred fifty-four-h within the village of Bemus Point in Chautauqua county.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8575
SPONSOR: Goodell TITLE OF BILL:
An act to amend the parks, recreation and historic preservation law, in
relation to permitting the use of snowmobiles on the right-of-way of
certain public highways within the village of Bemus Point in Chautauqua
county
PURPOSE OR GENERAL IDEA OF BILL:
This bill would authorize the commissioner of parks, recreation and
historic preservation, with the concurrence of the commissioner of
transportation, to designate for snowmobile use a portion of the state
Route 954-H highway right-of-way.
SUMMARY OF PROVISIONS:
Section 1 amends section 25.05 of the parks, recreation and historic
preservation law to add a new subdivision 1-f to authorize the commis-
sioner of parks, recreation and historic preservation, with the concur-
rence of the commissioner of transportation, to designate a portion of
the state Route 954-H highway right-of-way as a snowmobile trail.
Section 2 states that the act shall take effective immediately.
JUSTIFICATION:
For many years, a local nonprofit snowmobile organization maintained and
operated a snowmobile trail in the Village of Bemus Point in the County
of Chautauqua, that ran for a short distance along the right-of-way
adjacent to the entrance ramp of State Route 945-H, a limited access
highway.This snowmobile trail was not on the roadway or shoulder of the
entrance ramp, but rather several feet to the west thereof.The snowmo-
bile trail then ran to the Bemus Point Golf Course, and provided snowmo-
bile access during the winter to all the restaurants and related busi-
nesses in the Village of Bemus Point. There has never been any safety or
other issue with the use of this portion of the snowmobile trail.
Recently, permission to use this portion of the trail was revoked by the
New York State department of transportation when it realized that
section 25.05 of the parks, recreation and historic preservation law
generally prohibited the use of a limited access State highway right-of-
way except during designated emergencies. Section 25.05 of the parks,
recreation and historic preservation law also contains several specific
exceptions to the general prohibition, which have been added by statuto-
ry amendments. This bill will add another exception.
EFFECTIVE DATE:
This bill would be effective immediately upon approval by the State
Legislature and the Governor.
STATE OF NEW YORK
________________________________________________________________________
8575
IN ASSEMBLY
January 12, 2024
___________
Introduced by M. of A. GOODELL -- 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, in
relation to permitting the use of snowmobiles on the right-of-way of
certain public highways within the village of Bemus Point in Chautau-
qua county
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 25.05 of the parks, recreation and historic preser-
2 vation law is amended by adding a new subdivision 1-f to read as
3 follows:
4 1-f. Notwithstanding the provisions of subdivision one of this
5 section, the commissioner, with the concurrence of the commissioner of
6 transportation, may designate for snowmobile use a trail within the
7 right-of-way of state route nine hundred fifty-four-h in the village of
8 Bemus Point in Chautauqua county between reference marker 17-5201-1282
9 and 17-5201-1286. The commissioner's designation shall include condi-
10 tions, developed in consultation with the commissioner of transporta-
11 tion, on the use of such trail by snowmobiles to provide for the safe
12 use of state route nine hundred fifty-four-h and the safe operation of
13 snowmobiles on the trail. Designations made under this subdivision shall
14 be effective for no longer than a period of one year and may be renewed
15 with the concurrence of the commissioner of transportation.
16 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13688-02-3
