Updated 6/4/2024 Q: Why is the Fire Island National Seashore (the Seashore) updating its current Off Road Vehicle Management Program? The Seashore is currently focused on updating the administration of our ORV Management Program, which includes reviewing and potentially updating the existing 1987 ORV regulations to accomplish multiple goals:
The Seashore needs to consider revisions to the 1987 regulations to address changes in development, access, technology, and use on Fire Island, and changes occurring as a result of the dynamic nature of the barrier island (e.g., the wilderness breach caused by Hurricane Sandy in 2012). The updated regulations should provide future flexibility as conditions continue to change. Revisions are further needed to update and clarify the process for driving permits. Q: Why don’t you keep the current regulation and adjust it through the Superintendent’s Compendium? The Seashore is required to complete a rulemaking process when changing any provision of the current ORV regulation found at 36 CFR 7.20, including the number of permits available, size and types of vehicles, when and where permit holders may drive, and various key definitions. Regardless of whether these changes are substantial or minor the Seashore must complete a rulemaking process. Seashore management has also concluded that there is a need for updated National Environmental Policy Act (NEPA) compliance to support changes to the existing regulations. Q: What is the National Environmental Policy Act and how does it relate to updating the Off-Road Vehicle Management Program? NEPA is a law that defines a process that federal agencies must follow when proposing to take actions, such as revising 36 CFR 7.20. NEPA requires federal agencies to analyze the environmental impacts of their actions and involve the interested and affected public in the process. As part of the NEPA process, the National Park Service (NPS) has developed a proposed action and alternatives to update the ORV program and analyzed the likely impacts of these alternatives in the Environmental Assessment (EA). NPS managers will rely on the EA's conclusions regarding impacts to Seashore resources and values when making decisions. Q: Who is the decision maker for updating the Off-Road Vehicle Management Program regulations? Decisions will be developed by Seashore staff and will be consistent with Federal laws and policies. The regional and national levels of NPS also provide guidance when developing regulations. The Superintendent of the Seashore will recommend decisions to the Regional Director of NPS Region 1. The Regional Director will sign a record of decision that will identify which updates to the regulations will be proposed and which changes to the Off-Road Vehicle Management Program will be made. Q: Why is the Seashore using outside support from the NPS Environmental Quality Division and a consulting firm? Managing the NEPA and Federal rulemaking processes are complex and resource-intensive efforts. To assist the Seashore with updating the ORV Management Program, the NPS Environmental Quality Division is providing project management services. WSP USA has been retained by NPS to provide administrative and analytical support. This support includes preparing NEPA documents, organizing and coding public comments, analyzing data, and assisting with public engagement and project management. Q: What specifically is being updated? The Seashore is considering updates to improve program administration while protecting Seashore visitor use and experience. The Seashore is considering updates to:
The updates being considered is currently in development, and incorporates public feedback provided during the public engagement efforts that ran from April 18, 2022 to May 20, 2022; and from October 30, 2023 to December 4, 2023. Additional information on the proposed action and alternatives is in the newsletter and Environmental Assessment, which were released May 28, 2024. Q: When will the regulation be changed? When will changes to the Off-Road Vehicle Management Program be implemented? The NPS is taking comments on the EA from May 28 to June 30, 2024. After reviewing the comments, the NPS will draft a proposed rule to update 36 CFR 7.20, which will be published in the Federal Register for a separate public comment period in late summer 2024. In Fall 2024 the NEPA decision document and final rule will likely be published. The Seashore intends to delay implementation of the updated regulation until January 2026 to allow for well-planned implementation and time to coordinate implementation with partners. Q: Will there be additional opportunities for public involvement and commenting? Public involvement opportunities include the NEPA EA public comment period (May 28, 2024 – June 30, 2024), and the proposed rule public comment period (expected Summer 2024). During the NEPA EA public comment period there are public meetings on June 5, 2024 and June 12, 2024. Please visit https://parkplanning.nps.gov/FIIS_ORV for more information. Q: How can the Fire Island communities and civic groups be involved in regulating driving on Fire Island? Fire Island community members and civic groups are strongly encouraged to participate in the above civic engagement opportunities. Community and civic groups interested in further participation in decisions regarding regulating driving on Fire Island, including limits on driving permits, traffic controls, and enforcement on non-NPS land and enforcement should work with their town and/or village. Q: I commented during the previous civic engagement process. How were my comments used? The previous civic engagement processes, which took place in Spring 2022 and Fall 2023, included public meetings and a public comment period. Comments submitted during these periods were used to guide NPS in the development of NEPA alternative actions and analyze impact of these alternatives. These comments will continue to be used throughout the NEPA and rulemaking processes. Q: How does the Seashore’s Off Road Vehicle program relate to the Off-Road Vehicle permits from the Town of Islip, the Town of Brookhaven, Village of Ocean Beach, Village of Saltaire? The Seashore has worked with the Towns and Villages within the Seashore’s administrative boundaries on the ORV Driving Program for many years and will continue to do so with or without any updates to 36 CFR 7.20. These municipalities will retain their authority to issue permits and may choose to set limits on the number of permits issued regardless of the number of permits that the Seashore intends to issue annually. The Seashore cannot override decisions regarding who is allowed to drive on municipal-owned lands within our boundaries. The Seashore is committed to engaging the Towns of Brookhaven and Islip and the Villages of Saltaire and Ocean Beach throughout the NEPA and rulemaking process and working with these municipalities on improving the ORV Management Program. Q: What will be the proposed costs for new permits? Does the National Park Service and/or the Seashore make revenue off driving permit? Will permit costs change? The cost of any NPS Special Use Permit is based on NPS recovering the costs associated with issuing and managing those permits. All funding collected from the permit program supports the administration of the Seashore’s Off Road Vehicle Driving Program. The fees associated with driving permits will be increased incrementally each year until the fees collected through the program equal the cost of administering the program. These adjustments in permit fees are unrelated to any potential changes to 36 CFR 7.20. Q: Does the National Park Service have enough data to make a decision regarding updating The Off-Road Vehicle Management Program? The NPS has determined that sufficient information is available to inform a NEPA analysis and potential rulemaking regarding the ORV Management Program but is accepting and considering new or additional information throughout the NEPA process. Currently, the following information has been incorporated into the analysis:
The NPS welcomes the submission of additional relevant information during the current public comment period. Q: How will the Seashore respond if impacts from updating the Off-Road Vehicle Management Program are different than anticipated? Under both the current ORV Management Program and any updated program, if unforeseen impacts from driving occur or environmental conditions change, the Superintendent may take temporary actions to protect Seashore resources and visitors. These temporary actions would be published in the Superintendent’s Compendium. If unforeseen impacts or changed conditions are more than temporary, and regulatory action is required to address the issues, the Seashore may again update 36 CFR 7.20, building off of the current NEPA and rulemaking process. Q: How will the updates to the Off-Road Vehicle Management Program account for extreme high tides and storm surges that make the beach impassible? How will sea level rise and climate change be accounted for? Per 36 CFR 7.20(a)(2)(i), driving is permitted between the water’s edge and 20 feet seaward of the of dune vegetation line. If the water is higher than this 20-foot line, no vehicle travel is permitted. The Seashore intends to retain this portion of the existing regulation in any updates to 36 CFR 7.20. Further, the Superintendent has the authority to temporarily close access to any Federal lands within the administrative boundaries of the Seashore, including for unsafe driving conditions. The impacts to driving conditions associated with climate change and sea level rise have been considered as part of the NEPA Environmental Assessment that is part of the process of updating 36 CFR 7.20. Q: Why does the EA state that the no-action alternative is not selectable? The no-action alternative includes modifications to the 1987 regulations outside of what is described in 36 CFR 7.20, such as changes to the seasonal driving windows, allowing driving by the wait-list applicants when the Great South Bay is frozen, and allowing all-wheel drive vehicles. Because current ORV management practices have essentially modified the 1987 regulations, additional regulatory changes would still be needed, and therefore, it is not selectable. Q: Will there be changes to where vehicles are allowed to drive? Permits would continue to be required for access at these NPS locations:Burma Road at the Lighthouse tract All Atlantic Ocean beaches Sailors Haven/Sunken Forest Talisman/Barrett Beach Watch Hill Beach in front of Otis Pike Wilderness area between Watch Hill and Smith Point Driving would remain prohibited in these areas: Bayside beaches William Floyd Estate Burma Road within the Carrington Tract (between Fire Island Pines and Cherry Grove) Interior of Fire Island Wilderness Fire Island Lighthouse driveway (except vehicles with disabled placard) Kismet Pond Trail Q: Why not allow plumbers and electricians to be considered essential services? Plumbers and Electricians do not fall into the category of Essential Services, but they are considered necessary for the continued residence of individual homeowners on the island, which is why they are permitted under the Construction and Business category. The Essential Service category is meant to provide regular recurring access to community-wide needs, such as home heating fuel (similar to a utility) and sanitation removal (household waste, typically provided by a municipality). Plumbers and electricians do not provide this type of regular recurring service to the community. If there were an emergency on the island that required the immediate services of plumbers and electricians during no driving seasons, the Superintendent may temporarily deem these services essential.
Q: What information did you use to support the increase in the number of permits for year-round residents? The Seashore considered the following in developing a proposed cap for year-round residents:
Considering all of this information, the increase in the cap acknowledges the round number of permitted driving that occurs now among year-round residents, part-time residents and ice-over permits for residents, while improving certainty about when those when they can drive for year-round residents who are eligible for permits. This also streamlines administration of the program for Seashore staff.
Q: What information supports the increase in the number of permits for construction/business permits? By changing the definition of a trip from a trip off island to a trip through the gate, the seashore expects a 8% reduction in the number of trips by contractors. To be eligible for a construction/business permit, the applicant must demonstrate that they have proof of year-round work. While the number is higher than what is currently allowed, it accounts for the number of applicants on the waitlist and the ice-over permit requests. It also allows for the construction debris carting which is proposed to be only authorized under the construction/business permit category.
Q: Will the regulation change driving closures due to the nesting of piping plovers? The regulation will not change driving closures related to piping plovers or any other protected species. The Seashore’s manages piping plovers in accordance with the Endangered Species Act and Piping Plover Atlantic Coast Population Revised Recovery Plan. Generally, due to environmental factors, successful management by NPS and other federal agencies, and respect for closures by Fire Island stakeholders, piping plover numbers have increased on Fire Island. This has resulting in more driving closures. Long term, federal and state protections on species may or may not change. Management actions may also be adjusted in consultation with the U.S. Fish and Wildlife Service. These changes are independent of the Seashore’s driving regulation.
Q: Has the park considered public health and storage of waste that is awaiting transport by barge, or accumulation of construction debris during the summer when visitation is highest? Construction and Demolition (C&D) debris is a type of waste that is not included in municipal solid waste (MSW). Materials included in the C&D debris generation estimates are steel, wood products, drywall and plaster, brick and clay tile, asphalt shingles, concrete and asphalt concrete. These materials are used in buildings, roads and bridges and other sectors. Municipal garbage removal will still be permitted to occur by vehicle year-round with seasonal restrictions on time of day. To determine which activities are permitted under each driving category, the Seashore considered what services are needed by communities (as opposed to individuals), when these activities occur, park resource concerns and visitor use pattern. Generally, construction activities are concentrated outside of the summer. This season is also when visitation is high, migratory shorebird activity peaks, and plants that stabilize dunes systems on the beach grow. Public health and the source of construction and demolition materials, which are the result of decisions made by individuals who live outside of Seashore jurisdictional areas, were also considered. If a situation were to arise where there were public health concerns, the superintendent can issue permits to drive.
Q: Did the NPS consider community character while developing the EA? Yes, the NPS considered NEPA public scoping comments about community character while developing the EA. The NPS is not adding new roads, paving existing roads, or adding new areas where driving will be allowed, nor is it proposing any changes to the built environment. If concerns about vehicle use arise, the towns and villages will retain their ability to manage this use in areas where they have jurisdiction.
Q: How would the NPS address additional parking needs that may be generated by an increase in driving permits? The Seashore cannot regulate parking within communities. The Town of Islip, Town of Brookhaven, Village of Ocean Beach, and Village of Saltaire all have permitting jurisdiction within the respective municipalities and may choose to include requirements related to parking in their permitting process. The Seashore proposes to issue no permits without the necessary municipal permits being issued first. Parking vehicles on NPS lands is generally not permitted.
Q: Will the updated ORV regulation address e-bikes? E-bikes are not included in the regulation as e-bikes are not considered motor vehicles as defined in 36 CFR 1.4. As per 36 CFR 4.30(i), park superintendents may restrict or impose conditions on e-bike use on NPS property, but any such restrictions are outside of the scope of the ORV management program. E-bike use within Fire Island communities is not under the jurisdiction of NPS. For more information see: Electric Bicycles (e-bikes) in National Parks - Biking (U.S. National Park Service) (nps.gov).
ORV Public Scoping Announcement (PDF - 175KB)
Flyer Text: You’re invited to participate! The National Park Service (NPS) is announcing the upcoming commencement of a public scoping period for the Off-Road Vehicle (ORV) management planning for Fire Island National Seashore. This is part of the National Environmental Policy Act (NEPA) process for this project. October 30, 2023
December 4, 2023
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Last updated: June 28, 2024