The Town Board of Hermon, N.Y., along with other Town Boards in the region, has been asked to write an Ordinance allowing ATV's to ride through the town on certain designated roads. This promotion of ATV use on our public roads is stated as part of a "Multi-Use Trail" plan in order to create a linked trail system through St. Lawrence County from the trails in Franklin and Lewis Counties. The new law, or Town Ordinance would have to be written, heard, and voted upon according to NYS Vehicle and Traffic Law, Title II, Article 48C, Section 2405. (see link below ) as it is otherwise unlawful for ATVs to be operated on public roads or lands in NYS. The Town Board has full discretion as to whether or not to act on this request to make ATV use legal in the context of a multi-use trail.

The initial route for the trail was devised by a group, The St. Lawrence County Recreational Trails Advisory Board to the St. Lawrence County Legislature. It was presented to the Hermon Town Board. Until a public informational meeting was held by the Town Board, however, no input from Hermon Town residents was solicited. In fact, no information about the promotion was shared or offered to the citizens of Hermon in general or those residing along the route.

The fact is, however, that Hermon's country roads are now being used by vehicles, school buses, mail and package deliveries, tractors, milk trucks, hay wagons, bicyclists, joggers, horse and buggies, walkers and more. These are already legal and do not need a Multi-Use Trail Ordinance. The intention of the Ordinance is for ATV access to riders from other counties throughout the state. For Hermonites, a good look at what could be done to satisfy local ATV riders without opening the Town to heavy traffic from outside groups should be studied.

The proposed ATV route meanders through the hamlet of Hermon and through the town in order to follow both paved and unpaved roads. As ATV manufacturers and groups have said, ATVs are designed, manufactured and sold for off-road use only (see below.) As ATV traffic increases due to riders connecting from Franklin County and Lewis County, the probability of accidents also increases. Should there be an accident resulting in human injury or property damage, issues of personal and municipal liability for the Town and it's residents come into play.

Insurance companies investigate circumstances of claims related to injury and property damage, gathering accident evidence, ordering court and medical files, then deciding on payout based on what they find. There have been many challenges in court as to how the NYS Vehicle and Traffic Law cited above is being used by the Advisory Board's multi-use trail promotion.

Before considering an Ordinance like this, we should ask questions like: How much insurance does the resident need? How much does the town need? How much insurance is enough?

Additional ATV traffic use on our roads are bound to increase road repair costs. Actually, neither ATV tires nor pavement complement each other on roads, so maintenance expenses will likely rise. On our unpaved roads, mud and flooding are already seasonal issues and would increase the taxpayer's burden.

With larger volumes of people passing through, there is an increased chance of litter and waste along roadsides, as has happened in the High Peaks area.

Another concern that this promotion includes is the 18 hours of time, daily, from 6:00 AM to midnight, that ATVs would be allowed to use Hermon's public roads. This is not practical, reasonable, or safe. Riding after dark compounds the danger to the riders, especially when children are in the driver's seat. Increased calls to law enforcement officers for help could impact it's already burdened capacity to serve outlying towns.

The map above shows the original route as proposed by the St. Lawrence County Legislature's advisory board. It is meant to connect Russell with Edwards. It ends on Trout Lake Road as presented on the proposed list of roads. It did not include the additional 2+ miles needed to reach the Hermon - Edwards Town line. The total public road that the Town of Hermon would need to open to ATV traffic would exceed 10 miles. At this time, we have no information about an alternate route. April 29.

As a rural area, many Hermonites have ATV's for work and recreation. Their use of roads according to regulations already in place could be addressed, so they, as citizens and taxpayers get a fair shake.

With consideration for environmental, privacy, noise, and riders' viewpoints, a careful and unhurried approach to the issue of ATV use for Hermonites might result in a compromise satisfactory to all. If this Ordinance is passed quickly with no adequate review and transparency of the potential issues, it may not satisfy anyone.

May 3, 2018 - We have been informed that Deb Christy has asked to be removed from the Hermon Town Board agenda to ask for the use of town roads for the ATV (multi-user) trail proposal at this time. We are pleased with this development, and will continue to be diligent as concerned citizens regarding the impacts this program could have on the Town of Hermon, N.Y.

The foregoing statements are opinions based on our research; we make no claim to give legal advice.
Here are some websites to look at; we will be adding more:

NEW  March 26, 2018 NCN - ATV Roads in Hermon, Canton other Towns Temporary ?     * * * *     NEW   March 2018 DEC Shuts down ATV Use on State Lands

May 26, 2018   Teenager Dies in ATV Accident     * * * *     May 26, 2018  Accident Claims St. Regis Falls Man

  June 1, 2018 Town of Russell plans to vote this Tuesday on ATV law     * * * *     June 7, 2018 Russell Approves Law Opening Public Roads to ATV Use

 May 26, 2018  Constableville village files notice of appeal over ATV court order  * * * *    May 20, 2018  Lewis County can't legally defy state on ATV

 May 11, 2018  Decision Overturns Constableville ATV Law  * * * *     May 10, 2018   Supreme Court Decision and Order Constableville

 May 10, 2018  Lewis County Reply to the Constableville Decision  * * * *     May 16, 2018   Lewis County Braces for Litigation over ATVs

4/10/18 Watertown Daily News - Towns shouldn't pass local laws     * * * *     Scripps News Analysis ATVs Dangerous on Public Roads

ATV use of Public Roads - Insurance and Liability Claims     * * * *     Risk of Serious Accidents - ATV Use of Public Roads

Read what the ATV Trade Association says about on-road use     * * * *     Read this article - The push for Bigger, Heavier ATV models

Adirondack Memo in Opposition to Heavier Off the Road Vehicles    * * * *     4/12/18 Canton Board Criticize Opening Roads to ATV Traffic

NYS Vehicle and Traffic Laws Title II Articles 48-B, 48-C All Terrain Vehicles   * * * *   ATVs and Public Roadways: A Deadly Combination

NY Law 2405 - Public land and highways for travel by ATVs   * * * *   NY Law - children under 10 can operate ATV only with adult supervision

ATV Legal issue 2004 Colton - decided against Town Board.     * * * *     2009 OBrien vs Town of Lyonsdale - decided for OBrien

Here is a workable Multi-Use Trail in Ulster County, NY     * * * *     2005 DEC Forest Managment Plan - WHAT HAPPENED?

ATVs Still Running Amuck in the Forest Preserve     * * * *     2017 Joyriders tear up Tupper Lake

Town of Ohio, NY rescinds ATV law after Protect the Adirondaks filed lawsuit     * * * *     2016 Judge Strikes Down Effort To Open Public Road To ATVs