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Updated 2/16/2024
The Seashore must consider revisions to the 1987 regulations to address changes in development, access, technology, and use on Fire Island, as well as 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 must provide future flexibility as conditions continue to change. Revisions will 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 (NEPA) 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 before making a decision and to involve the public in the process.As part of the NEPA process, the National Park Service (NPS) will develop a proposed action and alternatives to update the ORV program and analyze the likely impacts of these alternatives in a NEPA document. NPS managers will rely on the NEPA document’s conclusions regarding impacts to Seashore resources and values when making decisions about the park's resources.
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 is complex. 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? As discussed in the spring 2022 Fire Island Off Road Vehicle Civic Engagement Newsletter, the Seashore is considering updates that will both improve program administration and protect Seashore visitor use and experience. The Seashore is considering updates to:
Additional information on the proposed action and alternatives is available for review and public comment during the NEPA scoping phase, scheduled for October 30, 2023 to December 4, 2023. Q: When will the regulation be changed? When will changes to the Off-Road Vehicle Management Program be implemented? The earliest that the NPS would issue a NEPA decision document is fall 2024. Then updates to the ORV Management Program which require changes to 36 CFR 7.20 must be published separately from the NEPA document. The proposed rule then undergoes a separate public comment period from the NEPA document. Implementation would not occur until after the NEPA decision document and final rule are issues, so the earliest any changes would be implemented would be fall 2024. Q: Will there be additional opportunities for public involvement and commenting? In addition to the two public comment periods noted above, the public will be invited to public meetings during NEPA scoping and after the release of the NEPA document. 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 on the ORV Driving Program for many years with the Towns and Villages inside the park’s administrative boundaries. We will continue to do so with or without any updates to 36 CFR 7.20. These municipalities retain their authority to issue permits. They have the right 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 working with the Towns of Brookhaven and Islip and the Villages of Saltaire and Ocean Beach throughout the NEPA and rulemaking process to improve the ORV Management Program. Q: How can the Fire Island communities and civic groups be involved in regulating driving on Fire Island?The Seashore strongly encourages Fire Island community members and civic groups to participate in the above civic engagement opportunities. Community and civic groups interested in further participation should work with their town and/or village on decisions regarding regulating driving on Fire Island, including limits on driving permits, traffic controls and enforcement on non-NPS land and enforcement. Q: I commented during the previous civic engagement process. How were my comments used? The previous civic engagement process, which took place in Spring 2022, included the release of a Fire Island Off Road Vehicle Civic Engagement Newsletter, two public meetings and a public comment period. We are using comments submitted during this period to guide NPS in the development of alternative actions and to analyze the impact of each. Your comments will continue to be useful throughout the NEPA process. 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 Park and the NPS make no profit from the sale of permits. 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. Fees associated with driving permits will increase 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 it has sufficient information to inform a NEPA analysis and potential rulemaking regarding the ORV Management Program. We are also accepting and considering new or additional information throughout the NEPA process. Currently the analysis includes the following information:
The NPS welcomes the submission of additional relevant information during the October 30, 2023 - December 4, 2023 public comment periods. 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: Why are emergency vehicles only allowed unrestricted driving during a verified emergency? The Seashore is not proposing to change current practice for authorized emergency vehicles. Under non-emergency conditions, authorized emergency vehicles must abide by existing federal laws and regulations pertaining to federal lands including, but not limited to, the Endangered Species Act, Wilderness Act, park closures issued by the Superintendent, etc. Emergency vehicle operation in restricted areas or during restricted times is allowed during emergencies only. The use of the term “lights and sirens emergency” in the Fall 2023 ORV Newsletter was confusing and language will be clarified in future communications about this project. Q: Why are year-round residents limited to absences of no more than two consecutive weeks? The proposed restriction of a two-week absence would be only during the driving season. This restriction is proposed to ensure that permits are issued to individuals who are truly full-time residents who have a consistent need to drive when ferry service isn’t available. The Seashore has received regular complaints for years about abuse of the driving program by people who claim to be year-round residents but only come to Fire Island for a portion of the month (e.g. one weekend a month). We understand that longer vacations and situations may arise that cause you to be away from the island for an occasional extended period. Exceptions can be requested for these occasions. The Seashore relies heavily on the school year calendar when implementing driving dates. We have based the proposed restriction on the two weeks of the Christmas/New Years break, which is the longest break in the school year.
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 10-15% 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: How do you determine if there is adequate ferry service? The Seashore proposes to remove this definition from the updated regulation. The intent is to focus on the seasonality of ferry service and driving to reduce the need for exception requests and to simplify the process for the Seashore and permit holders. The modified driving seasons proposed in Alternative B are intended to support community needs when ferry service is not available and ensure that the issuance of ORV permits does not undermine ferry service viability when residents and contractors should be using water-borne transportation. 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 and successful management by NPS and other federal agencies, 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: Will the updated regulation result in more driving in the summer? The only driving that occurs during the summer season, besides emergency and official vehicles, is driving that is essential to support island communities. This driving includes household and business garbage removal, PSEG and other utilities. The permitted driving times reflect when the beach visitation is generally slower, so that it does not affect the visitor experience. Note: these regulations only pertain to property that is administered by the Seashore and not in communities. Q: Why are utilities allowed multiple vehicles and multiple trips per day? Utilities typically have permits they use for various purposes, but on a given day, they only use the vehicle necessary for the immediate task. Most utility vehicles are white pickup trucks, which can create the appearance that multiple vehicles are being used. They also tend to travel in groups, with most of their driving being within the communities, which the Seashore cannot control. Q: Has the park considered the possible health issues that could be created from the 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, on drive weekdays (6:00 p.m. to 9:00 a.m.). 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 when plants that stabilize dunes systems or grow seasonally 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: Are you changing where will driving be allowed on NPS lands? Permits would continue to be required for access at these NPS locations:
Driving would remain prohibited in these areas:
In order to receive a NPS permit to drive, applicants must first obtain permits or authorization from the municipalities they need to traverse to reach their home or job site. Q: Will you be issuing temporary and ice-over permits? Under existing Code of Federal Regulations, Title 36, Section 1.6 the Superintendent may issue a permit to authorize an otherwise prohibited or restricted activity or impose a public use limit. Ice-over permits are not a type of permit that was defined in the 1986 regulation but were created for full-time residents on the waiting list so that they could access the island when the bay is frozen over. Under the proposed action, since the cap is increasing, there will no longer be a need for this practice. 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. 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: February 16, 2024