LEGAL NOTICE
TOWN OF AMBOY
Summary of Considerations Regarding
Request to Open Town Roads for ATV Use
The Town Board of the Town of Amboy has received a request to designate multiple town roads for use by all‑terrain vehicles (ATVs). The Board has reviewed this request in consultation with the Town Highway Department, the West Amboy Fire Department, and the Town’s municipal insurance provider. After evaluating the request, the Town Board believes it is important to carefully consider public safety, infrastructure impacts, municipal liability, and the requirements of New York State law before designating any town highways for ATV use.
New York State Law
Under New York State Vehicle and Traffic Law §2405, ATVs are generally prohibited from operating on public highways unless a municipality specifically designates and posts those highways for ATV travel. The law makes clear that ATV use on highways is not permitted by default. A municipality must take affirmative action through a local law or resolution to open a highway or portion of a highway to ATV use.
In practice, municipalities that designate roads for ATV use typically do so in limited circumstances, such as providing short connecting routes between established trail systems or allowing access to areas immediately adjacent to trails.
At this time, the Town of Amboy has little to no established ATV trail infrastructure on either public or private lands within the Town. Without a connected trail network, opening multiple town roads could effectively allow ATVs to travel extensively on municipal highways rather than serving as limited connectors between trail systems.
Emergency Services and Public Safety
The West Amboy Fire Department has expressed concerns that opening town roads to ATV traffic may increase the likelihood of accidents and injuries. Rural roads in the Town of Amboy often have narrow travel lanes, limited shoulders, and hills and curves that reduce visibility. Introducing ATV traffic onto these roadways could increase the risk of collisions between ATVs and motor vehicles.
Highway Department and Infrastructure Concerns
The Town Highway Department has advised that allowing ATV use on town roads may contribute to increased wear and deterioration of road surfaces and shoulders. The Town already faces ongoing infrastructure maintenance needs and operates with limited highway funding. Additional roadway damage could place further strain on the Town’s highway budget and maintenance resources.
Insurance and Municipal Liability
The Town’s insurance carrier has also raised concerns regarding potential liability exposure associated with opening municipal roads to ATV use. Allowing ATV travel on town highways could increase the Town’s exposure to claims arising from accidents or injuries occurring on those roads.
Economic Considerations
The Town of Amboy has a population of approximately 1,200 residents and limited commercial infrastructure, including only one retail store. Sales tax revenue distributed to the Town through Oswego County is primarily based on population. As a result, the potential economic benefit of opening town roads to ATV use appears limited when weighed against the potential risks and costs.
Trail Development Considerations
If ATV access is to be considered in the future, the Town Board believes that the development of ATV trail systems should occur first. This would require ATV groups or interested parties to work with private landowners to establish trail routes on private property with landowner’s consent.
Once a defined network of trails exists, the Town Board may be able to evaluate whether limited roadway segments could be designated to connect those trails, consistent with New York State law. This approach would help ensure that designated roadways serve only as short connectors between trail systems rather than allowing broad ATV travel on municipal highways.
Conclusion
Based on the considerations outlined above, including state law, public safety concerns, roadway maintenance impacts, insurance liability considerations, and the lack of an established trail system, the Town Board does not find it appropriate at this time to designate the requested town roads for ATV use. The Board may revisit this issue in the future should trail development occur within the Town and conditions change.
