It may not be smooth trails ahead for the Oswego Valley ATV Club. The group was granted permission by the Cayuga County Legislature last year to use two county trails beginning April 15, but members recently discovered that more resolutions may be required in order to get into the Village of Fair Haven, the club's intended destination.
At present, the club has permission to use an area stretching west along the Hojack Trail, from Oswego County to the Cato-Fair Haven Trail, then north along the Cato-Fair Haven Trail into Fair Haven.
However, the county does not own the end of the Cato-Fair Haven Trail so the riders would either need permission from private landowners or would have to cross Fair Haven Road to get into the village, said Parks and Trails Director Gary Duckett.
According to state law, all-terrain vehicles are only allowed to be on a road if they are crossing the road at an approximately 90-degree angle unless the road is designated by a local municipality to allow ATV use.
This is where the problem lies. At the time the club requested to use the trail, Duckett was advised that riders had access and authorization to use the rest of the intended roads. But it turns out that Fair Haven Road is owned by the county and the resolution approved last year only gave riders permission to use the trails.
“When the ATV club came to us, basically what they told me was that they had permission to use the roads. #- That's how I presented it to the Legislature,” Duckett said. “They talked to the village and the town and I think they thought that Fair Haven Road in the village was part of the village property. So, by having permission to be in Fair Haven, they thought they had permission for that road. Well, it turns out that's a county road and they did not have permission from the county to be on that road.”
That is not the only hurdle the club may have to face. Duckett said he also found out the club does not have state permission to be on state Route 104A and he told members the county will not give them permission to get on Fair Haven Road until they get state approval to use Route 104A.
“The club is trying to get a place where they can cross the state road at a 90-degree angle. If they get that, then they will be ok,” he said.
Members are talking to private property owners who may agree to allow ATVs to cross on their land. If that happens, Duckett said he will present a resolution to the Legislature to possibly allow riders use of the county road.
Though he will help the club with the trails, Duckett said it is not his responsibility to help with getting permission from landowners. Duckett also said that people may say no and they are entitled to do so.
“I will work with them on the trails and I fully intend to do that but I'm not going to do the legwork to go up there (and get permission),” he said. “They need to have a legal right to cross the road or they stay on one side of 104A.”
Club members have already done some work on the trail system, including putting up a bridge somewhere along the trail, Duckett said.
Come April 15, members will still be allowed to use the trails but only up to the specified area. Once the club confirms that riders have permission to be on the state road to get into Fair Haven, Duckett will put together another resolution.
“They can still use the trail, they just can't get into Fair Haven until they get the permission,” he said. “This time we're going to need documented proof that they have permission to access where they are proposing to go or cross private property, either permission from the state to go down 104A or they cross 104A legally per state law.”
Jim Marra, president of the Oswego Valley ATV Club, could not be reached for comment.
Staff writer Gitana Mirochnik can be reached a t 253-5311 ext. 237 or gitana.mirochnik@lee.net
However, the county does not own the end of the Cato-Fair Haven Trail so the riders would either need permission from private landowners or would have to cross Fair Haven Road to get into the village, said Parks and Trails Director Gary Duckett.
According to state law, all-terrain vehicles are only allowed to be on a road if they are crossing the road at an approximately 90-degree angle unless the road is designated by a local municipality to allow ATV use.
This is where the problem lies. At the time the club requested to use the trail, Duckett was advised that riders had access and authorization to use the rest of the intended roads. But it turns out that Fair Haven Road is owned by the county and the resolution approved last year only gave riders permission to use the trails.
“When the ATV club came to us, basically what they told me was that they had permission to use the roads. #- That's how I presented it to the Legislature,” Duckett said. “They talked to the village and the town and I think they thought that Fair Haven Road in the village was part of the village property. So, by having permission to be in Fair Haven, they thought they had permission for that road. Well, it turns out that's a county road and they did not have permission from the county to be on that road.”
That is not the only hurdle the club may have to face. Duckett said he also found out the club does not have state permission to be on state Route 104A and he told members the county will not give them permission to get on Fair Haven Road until they get state approval to use Route 104A.
“The club is trying to get a place where they can cross the state road at a 90-degree angle. If they get that, then they will be ok,” he said.
Members are talking to private property owners who may agree to allow ATVs to cross on their land. If that happens, Duckett said he will present a resolution to the Legislature to possibly allow riders use of the county road.
Though he will help the club with the trails, Duckett said it is not his responsibility to help with getting permission from landowners. Duckett also said that people may say no and they are entitled to do so.
“I will work with them on the trails and I fully intend to do that but I'm not going to do the legwork to go up there (and get permission),” he said. “They need to have a legal right to cross the road or they stay on one side of 104A.”
Club members have already done some work on the trail system, including putting up a bridge somewhere along the trail, Duckett said.
Come April 15, members will still be allowed to use the trails but only up to the specified area. Once the club confirms that riders have permission to be on the state road to get into Fair Haven, Duckett will put together another resolution.
“They can still use the trail, they just can't get into Fair Haven until they get the permission,” he said. “This time we're going to need documented proof that they have permission to access where they are proposing to go or cross private property, either permission from the state to go down 104A or they cross 104A legally per state law.”
Jim Marra, president of the Oswego Valley ATV Club, could not be reached for comment.
Staff writer Gitana Mirochnik can be reached a t 253-5311 ext. 237 or gitana.mirochnik@lee.net
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