N.Y. Vehicle & Traffic Law § 2405: Designation of highways and public lands for travel by ATVs

§ 2405. Designation of highways and public lands for travel by ATVs.

1. Highways. Except with respect to interstate highways or controlled

access highways, the department of transportation with respect to state

highways, maintained by the state and any other governmental agency with

respect to highways, including bridge and culvert crossings, under its

jurisdiction may designate and post any such public highway or portion

thereof as open for travel by ATVs when in the determination of the

governmental agency concerned, it is otherwise impossible for ATVs to

gain access to areas or trails adjacent to the highway. Such

designations by a state agency shall be by rule or regulation, and such

designations by any municipality other than a state agency shall be by

local law or ordinance.

2. Public lands other than highways. A governmental agency other than

a municipality, by regulation or order, and a municipality, by ordinance

or local law, may designate any appropriate public lands, waters and

properties other than highways under its jurisdiction as a place open

for travel by ATVs upon written request for such designation by any

person, and may impose restrictions and conditions for the regulation

and safe operation of ATVs on such public property, such as travel on

designated trails and hours of operation. In addition thereto, such

agency or municipality may not require the operator of an ATV to possess

a motor vehicle operator's license. A municipality may charge a fee for

use of ATVs on such public lands.

3. Signs and markers. (a) Such designated highways or portions thereof

or designated lands shall be identified by markers in such manner as may

be provided by rules and regulations of the commissioner.

(b) All signs or markers shall be erected at the expense of the state

or municipality, provided, however, that the municipality may accept

funds or contributions therefor from private persons, clubs or

associations interested in the promotion of ATVs.

4. Any regulation, order, local law or ordinance which designates a

highway or portion thereof or designated lands which may be used for ATV

operations may include rules and impose restrictions and conditions for

the regulation and safe operation of ATVs on the highways and lands so

designated, such as travel on designated trails and hours of operation.

Any restriction or condition not contained in this chapter must be

posted.

5. Copies of orders, regulations, local laws or ordinances adopted by

governmental agencies pursuant to this section shall be filed with the

commissioner.