Forests With Handrails

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Forests With Handrails?

• The ADA and Land Preservation

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http//www.nps.gov/history/history/online_books/sa
x/index.htm
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(No Transcript)
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ADA Purpose and Findings

• Historically, society has tended to isolate
  and segregate individuals with disabilities, and,
  despite some improvements, such forms of
  discrimination against individuals with
  disabilities continue to be a serious and
  pervasive social problem
• Discrimination against individuals with
  disabilities persists in such critical areas as
  employment, housing, public accommodations,
  education, transportation, communication,
  recreation, institutionalization, health
  services, voting, and access to public services.
• Therefore, the purpose of the ADA is
• to provide a clear and comprehensive national
  mandate for the elimination of discrimination
  against individuals with disabilities

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Part III of the ADA requires that places of
public accommodation be made accessible
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No individual shall be discriminated against on
the basis of disability in the full and equal
enjoyment of the goods, services, facilities,
privileges, advantages, or accommodations of any
place of public accommodation by any person who
owns, leases (or leases to), or operates a place
of public accommodation.
The United States Supreme Court has said
that There is a balance between the statutory
rights of the handicapped to be integrated into
society and the legitimate interests of the
State ... in preserving the integrity of a
public program. The Supreme Court struck that
balance by requiring that persons with
disabilities be provided meaningful access
through reasonable accommodations to publically
funded benefits or programs without otherwise
fundamentally or substantially altering the
underlying benefit or program.
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Does the ADA apply to Land Preserves?

• The definition of public accommodations
  includes a park, zoo, amusement park, or other
  place of recreation.
• Private property encumbered by a conservation
  easement is generally not a place of public
  accommodation.
• So does the ADA apply to trails?
• What about other structures on a nature preserve?

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The Access Boards Proposed Guidelines

• Access Board is the Governmental entity
  designated to develop rules for ADA compliance
• Draft rules have been promulgated for Federal
  Lands
• Guidelines can be found at http//www.access-boar
  d.gov/outdoor/nprm/
• Public comment is currently being taken on the
  proposed rules. The comment period ends October
  18, 2007.
• More information can be found at
• www.access-board.gov
• www.americantrails.org

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The Term trail is defined as a route that is
designed, constructed, or designated for
recreational pedestrian use or provided as a
pedestrian alternative to vehicular routes within
a transportation system.
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So what is an accessible trail?

• Clear tread width 36" minimum
• Tread Obstacles 2" high maximum (up to 3" high
  where running and cross slopes are 5 or less)
• Cross Slope 5 max.
• Running slope (trail grade) meets one or more of
  the following- 5 or less for any distance.-
  up to 8.33 for 200' max. Resting intervals no
  more than 200' apart.- up to10 for 30' max.
  Resting intervals 30'.- up to 12.5 for 10' max.
  Resting intervals 10'.
• No more than 30 of the total trail length may
  exceed a running slope of 8.33.
• Passing Space provided at least every 1000'
  where trail width is less than 60"
• Signs shall be provided indicating the length of
  the accessible trail segment.

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How does the ADA apply to trails?

• Existing trails do not need to be changed.
• General maintenance is allowed without upgrading
  existing trails.
• New trails or major reconstruction of existing
  trails are potentially subject to the ADA
  requirements
• Only trails that are connected to an accessible
  trailhead or another accessible trail are
  required to meet the trail construction
  requirements

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Exceptions in the Proposed Rules

• Compliance would cause substantial harm to
  cultural, historic, religious, or significant
  natural features or characteristics.
• Compliance would substantially alter the nature
  of the setting or the purpose of the facility, or
• portion of the facility.
• Compliance would require construction methods or
  materials that are prohibited by federal, state,
  or local regulations or statutes.
• Compliance would not be feasible due to terrain
  or the prevailing construction practices.

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How does the ADA apply to structures?

• Any new structure would need to be ADA compliant
• Same exceptions for trails apply
• If there is no ADA compliant access, you do not
  need to provide an ADA compliant structure

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Suggested approaches

• Federal guidelines do not necessarily need to be
  followed by a land trust, but it is a good idea
  to comply where possible.
• Work toward providing at least a portion of ADA
  compliant trails or structures on a land
  preserve.
• Work with disability organizations or interested
  persons within your community on access issues.

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