Can a New York county charge snowmobile users a fee to access county roads or public lands?

Plain-English summary

Lewis County wanted to set up a county-wide snowmobile trail system on county roads, town roads, seasonally maintained roads, and trail easements, and to contract with a not-for-profit corporation to sell user permits. The county attorney asked whether the State's snowmobile statutes allowed that approach.

The AG concluded the fee element was preempted. State law governs snowmobile operation: the Parks, Recreation and Historic Preservation Law (general provisions in Article 21; use and operation in Article 25) and the Vehicle and Traffic Law (Article 47 on registration and use), backed by 9 NYCRR Parts 453-460. § 25.05 permits snowmobile operation on portions of certain public highways. § 25.09 allows municipalities to restrict use of snowmobiles on public lands by local law, as long as the restrictions are consistent with State law. Vehicle and Traffic Law § 2226 lets a municipality with jurisdiction over a local public park require a permit for snowmobile use on those park lands.

But § 25.09(2) and Vehicle and Traffic Law § 2226 each contained an express prohibition: a municipality could not "impose a fee for the use of public lands or waters or access thereto, except the usual charge, if any, for the admission to such property, parking privileges or services provided." The AG cited 1986 Op. Atty. Gen. (Inf.) 91 (municipality may not require registration and fees as preconditions to snowmobile use) and concluded Lewis County's proposed permit-with-fees system was unauthorized.

The AG also flagged a non-statutory consequence: even if a fee system survived legal review, it could put the county at risk of losing State aid under Parks, Recreation and Historic Preservation Law § 27.17(1), which funds counties for developing snowmobile trails for safety, tourism, and utilization. A fee-based access barrier could be read as working against the tourism objective.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Can the county charge anything at all?

Under the AG's reading of § 25.09(2), three exceptions remained: the usual admission charge (where one exists), parking privileges, and services provided (rental, guided tours, etc.). A snowmobile-specific access fee did not fit any of those.

What about a voluntary donation or club membership?

The opinion addresses a municipal permit fee imposed by local law. A voluntary donation or membership in a private snowmobile club is a separate structure that the AG did not rule on. The State of New York operates a snowmobile registration system through DMV (under Vehicle and Traffic Law Article 47) that includes its own fee, and many snowmobile trail clubs use voluntary membership dues to support trail grooming.

Could the county contract with a not-for-profit that charges its own fees?

The opinion's logic was that the fee would be charged as a precondition to snowmobile use of public lands, which is what the statute forbids. Layering a not-for-profit contractor on top of the same fee structure did not change the substance: the user would still be paying for access to public lands.

Can the county develop trails?

Yes. § 27.17(1) makes counties eligible for State aid to develop snowmobile trails, and 9 NYCRR Part 454 governs trail development and maintenance. The AG closed by noting the path remained open through trail development and State aid rather than through user fees.

Background and statutory framework

Article 21 of the Parks, Recreation and Historic Preservation Law contains general provisions on snowmobiles. Article 25 governs use and operation. § 25.05 sets out where snowmobiles may operate (portions of certain public highways). § 25.09 grants municipalities authority to restrict snowmobile use on public lands, subject to consistency with State law.

§ 25.09(2) carves out what municipalities may not do: require a driver's license for snowmobile operation, or impose a fee for use of public lands or waters or access to them (other than ordinary admission, parking, or services charges).

Vehicle and Traffic Law Article 47 handles snowmobile registration, run through DMV. § 2226 specifically empowers municipalities with jurisdiction over local parks to require permits for snowmobile use on park lands but mirrors the no-fee rule from § 25.09(2).

§ 27.17(1) provides State aid to counties for development of snowmobile trail systems "to encourage safety, tourism and utilization" of trails. 9 NYCRR Part 454 contains the regulations for trail development and maintenance.

Citations

• Parks, Recreation and Historic Preservation Law Article 21 (general snowmobile provisions).
• Parks, Recreation and Historic Preservation Law Article 25 (use and operation).
• Parks, Recreation and Historic Preservation Law § 25.05 (snowmobile operation on certain public highways).
• Parks, Recreation and Historic Preservation Law § 25.09 (municipal authority to restrict snowmobile use).
• Parks, Recreation and Historic Preservation Law § 25.09(2) (express prohibition on municipal license requirements and access fees).
• Parks, Recreation and Historic Preservation Law § 27.17(1) (State aid for snowmobile trail development).
• Vehicle and Traffic Law Article 47 (snowmobile registration).
• Vehicle and Traffic Law § 2226 (municipal park permits; no charge except usual fees).
• 9 NYCRR Parts 453-460 (snowmobile regulations).
• 9 NYCRR Part 454 (snowmobile trail development and maintenance regulations).
• 1986 Op. Atty. Gen. (Inf.) 91 (municipality may not require registration and fees as preconditions to snowmobile use).

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_2000-16_pw.pdf

Original opinion text

Opn. No. 2000-16
PARKS, RECREATION AND HISTORIC PRESERVATION LAW, ART. 21, 25, §§25.05, 25.09, 27.17(1); VEHICLE & TRAFFIC LAW, ART. 47, §2226; 9 N.Y.C.R.R. PARTS 453-460. A county may not implement a snowmobile permit system which involves charging fees for the use of snowmobiles on public highways and lands. August 24, 2000 Kevin M. McArdle, Esq. County Attorney Office of the Lewis County Attorney P.O. Box 128 Lowville, New York 13367-0128

Informal Opinion
No. 2000-16

Dear Mr. McArdle:
You have inquired whether existing law governing the use of snowmobiles in New York would prohibit Lewis County from implementing a county-wide snowmobile permit system. Your inquiry indicates that the County is interested in establishing a snowmobile trail system comprised of County roads, town roads, seasonally maintained roads, snowmobile trail easements and/or rights-of-way. The County further envisions that it would contract with a not-for-profit corporation to administer the sale and distribution of permits to use the snowmobile trail system. We conclude that the County may not implement any snowmobile permit system which involves charging fees for the use of snowmobiles on public highways and lands. The operation of snowmobiles in the State is governed by both statutes and regulations. See Parks, Recreation and Historic Preservation Law art. 21 (general provisions); id. art. 25 (use and operation); Vehicle & Traffic Law art. 47 (registration and use of snowmobiles); 9 N.Y.C.R.R. parts 453-460 (snowmobile regulations promulgated by the Office of Parks, Recreation and Historic Preservation). Pursuant to these provisions, snowmobiles may be operated on portions of certain public highways. See Parks, Recreation and Historic Preservation Law § 25.05. A municipality may enact ordinances or local laws which restrict the use of snowmobiles on public lands as long as those restrictions are not inconsistent with State law. See id. §25.09. A municipality which has jurisdiction over a local public park may also require a permit "for use of snowmobiles on such park lands." Vehicle & Traffic Law § 2226. A municipality is expressly prohibited, however, from establishing any restrictions or conditions which: require the operator of a snowmobile to possess a motor vehicle operator's license or impose a fee for the use of public lands or waters or access thereto, except the usual charge, if any, for the admission to such property, parking privileges or services provided. Parks, Recreation and Historic Preservation Law § 25.09(2) (emphasis added); see also Vehicle & Traffic Law § 2226 ("No charge for [the use of snowmobiles on park lands] may be made, except the usual charge, if any, for admission to such park, parking privileges or services provides"). Due to this express prohibition against charging fees for a snowmobile operator's use of public lands, we believe that the County may not implement a fee-based snowmobile permit system such as the one proposed. See 1986 Op. Atty. Gen. (Inf.) 91 (municipality may not require registration and payment of fees as preconditions to snowmobile use). Although the County may not charge any fees for a snowmobile operator's use of public lands, nothing prohibits it from developing a snowmobile trail system. In fact, counties are eligible for State aid for "engaging and assisting in the development of a system of snowmobile trails and a program with relation thereto within [their] boundaries in order to encourage safety, tourism and utilization" of snowmobile trails. Parks, Recreation and Historic Preservation Law §27.17(1); see 9N.Y.C.R.R. part 454 (snowmobile trail development and maintenance regulations). In this regard, the implementation of any local fee-based snowmobile permit system, even if not otherwise prohibited under State law, could result in the loss of the State aid otherwise available to counties for development of trails because it could be viewed as impeding tourism and the use of snowmobile trails, rather than promoting those objectives. The Attorney General renders formal opinions only to officers and departments of State government. This perforce is an informal and unofficial expression of the views of this office. Very truly yours, GINA M. CICCONE Assistant Solicitor General

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