DEC’s Draft Policy on Use of Other Power-Driven Mobility Devices

DEC’s Draft Policy on Use of Other Power-Driven Mobility Devices

Mark Hall, Chair
NYS Adirondack Park Agency (APA)
P.O. Box 99
Ray Brook, NY 12977
Re. DEC’s Draft Policy on Use of Other Power-Driven Mobility Devices

Dear Chairman Hall,
At the Agency’s August 2026 meeting, APA Member Rush Holt explained that the Agency had a responsibility to explicitly address the DEC’s Draft Policy on Use of Other Power- Driven Mobility Devices (OPDMD) on State Lands because many OPDMDs are, in fact, motor vehicles whose use in Forest Preserve, including Wilderness, conflicts with State Land Master Plan guidelines constraining public motorized uses on Forest Preserve.

During the ensuing discussion, State Land Committee Chair Ken Lynch stated that the DEC OPDMD policy could be placed on a State Land Committee meeting agenda for discussion. APA staff appeared to support that recommendation.

However, the Agency’s August 2026 meeting minutes reflect neither the concerns of Member Holt nor the aspirational statement of Member Lynch, writing merely that “the current draft of the policy includes an avenue for future APA board engagement through the review of unit management plans for conformance with the state land master plan.”

Given the significance of this policy for the Forest Preserve, “avenues for future engagement” by the Agency, while welcome, are entirely insufficient. The OPDMD policy directly affects DEC’s management of Forest Preserve lands within the Adirondack Park, legally requiring APA to presently consult with DEC, review the draft policy for consistency with the Master Plan, and provide an opportunity for public comment on these issues. Such consultation and review are required by the Master Plan, but also by the Memorandum of Understanding (MOU) between APA and DEC concerning implementation of the Master Plan. The MOU specifies on page 3 that “any policy or guidance developed by DEC which impacts the APA shall be effective only if developed cooperatively and agreed to by both agencies.”

We appreciate DEC’s commendable effort to establish a statewide framework for OPDMD use and to expand meaningful recreational access to state lands for people with disabilities, and we fully support those efforts. However, the draft policy does not explain, for example, why certain OPDMD policy proposals, particularly those permitting motor vehicle use in Wilderness, Primitive and Canoe areas and expanded use in Wild Forest areas, do not constitute a “fundamental alteration of the program” under the Americans with Disabilities Act (ADA) and applicable U.S. Department of Justice regulations. A number of public comments, including ours, have made recommendations how DEC could adjust the policy to bring it into compliance with the State Land Master Plan, the ADA, and applicable federal regulations.

Because several key provisions of the draft policy still appear badly inconsistent with the State Land Master Plan and existing Unit Management Plans, we ask that the Agency’s State Land Committee place the draft OPDMD policy on their agenda, begin discussion of these important matters beginning at the October 2026 Agency meeting, and open a period of public comment.

Thank you for considering our viewpoints and requests.

Respectfully,
David Gibson, Managing Partner
Adirondack Wild: Friends of the Forest Preserve

Cc: Agency Members and Designees
Barbara Rice, Executive Director, APA
Megan Phillips, Deputy Director, APA
Amanda Lefton, DEC Commissioner
Adriana Espinoza, DEC Chief of Staff
Katie Petronis, DEC Deputy Commissioner