Protection of lands under control of the state Department of Environmental Conservation is a primary aim of a draft all-terrain vehicle policy being considered by the agency.

"There needs to be a direct and recognized acknowledgment that the activity will not have an unreasonable adverse affect on the resource and that steps are in place to ensure the resource is protected," Robert Davies, the director of the Division of Lands and Forests for the agency, said Friday. "Our paramount objective here at DEC is to protect the resource."

He said DEC is also responsible for managing recreation on the land.

"We are responsible for the management of state land and for the protection of resources of those lands," said Davies. "We are trying to take a responsible management approach to try to control through a process that doesn't ban ATVs ... but sets up appropriate standards and criteria that need to be adhered to in order to accommodate ATVs on state land."

Davies said as part of the policy, if a particular road or trail proposed for all-terrain vehicle use goes through a wet area and would cause an unacceptable amount of erosion it would be a concern that would have to be addressed. As a result the road or trail would either be prohibited for ATV use or something would have to be put in place to prevent the erosion.

"This policy is requiring that the department use due diligence in evaluating every opportunity on a case-by-case basis," Davies said.

He said ATVs would not be allowed in certain areas, such as those classified as wildlife management areas and environmental education centers. In areas where ATVs could possibly be permitted, such as on some conservation easement lands, the policy sets forth guidelines to be followed when determining whether to allow the use or prohibit it. There are exceptions for people with disabilities.

The draft policy establishes that ATV riding is not a program offered on public lands owned by the state Department of Environmental Conservation, according to a press release from the department. "It recognizes, however, that ATV use is one of several possible means that the public may utilize to access recreational opportunities on public and easement lands that are deemed appropriate for such use and are open to public ATV access without conflict with the state vehicle and traffic law," the press release said.

The policy also states that ATV riding opportunities would be considered on conservation easement lands in appropriate areas that comply with the established criteria. The criteria include that the rights of the owner of conservation easement land will be respected to ensure that any access does not interfere with the reserved rights of the owner to manage the lands; that the use is compatible with other uses on the land; that sufficient measures will be taken to prevent illegal ATV use off the designated road or trail; and that management actions involving public ATV access will address the need for monitoring, education and enforcement. The policy also says the road or trail being used must be safe and maintained.

Davies said his agency has historically be charged with managing traditional activities such as hiking, fishing and hunting. He said snowmobiling and riding ATVs are motorized activities that are not traditional programs the department manages. Snowmobiling, however, has been recognized by legislation and established as a recreation with fees going into trail maintenance and creation, Davies said. He added that there is no legislative program in the state for ATVs.

"I would say that the opportunity for ATV recreational trails, where you're actually doing for example a loop trail ... that opportunity I think is going to be limited probably to conservation easement lands," Davies said. He said the proposed policy is not creating a new law or regulation regarding ATVs but is clarifying for agency staff what the current laws and regulations are regarding ATV use and what standards and criteria need to be considered regarding the natural impacts.

The draft policy is available for review online at www.dec.state.ny.us or by writing to Davies at NYS DEC, 625 Broadway, Albany, NY 12233. Written comment on the policy will be accepted until May 27. The department will also hold several public meetings to discuss the policy, including one in the Catskills region. The date of that meeting is pending