BILL NUMBER: S8336

SPONSOR: BORRELLO
 
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Recently, permission to use this portion of the trail was revoked by the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.