DECISION & ORDER Town of Clare (“Respondent” or “Town”) enacted Local Law No 1, titled “Town Road ATV Use Law” (“ATV Use Law”) (NYSCEF Doc. 23), designating Tooley Pond Road, a Town Road, open for all-terrain vehicle (“ATV”) use. Petitioner Adirondack Council, Inc. (“Petitioner” or “Council”) brings this hybrid N.Y. C.P.L.R. Art. 78/Declaratory Judgment proceeding to nullify the ATV Use Law as not complying with New York Vehicle and Traffic Law (“VTL”) §2405; Article IX, §2 of the New York State Constitution (“State Constitution”); and, the State Environmental Quality Review Act (“SEQRA”) (Environmental Conservation Law ["ECL"] §§08-0101 to 8-0117). For the reasons which follow, the Court dismisses the Petition and declares the ATV Use Law to be valid. SUMMARY OF FACTS Petitioner is a New York not-for-profit corporation. In its Verified Petition (“Petition”) (NYSCEF Doc. 1), the Council alleges many of its members are users of the New York State Forest Preserve in the Adirondack Park, and some members own property and regularly use New York State forest lands in the Town of Clare. Petition at 3. With over 35,000 members, the Council asserts it is the “largest Citizen Environmental Group working full-time on Adirondack issues.” Affidavit of Council Executive Director William C. Janeway (“Janeway”) (Doc. 4) dated November 3, 2020 (“Janeway aff.”), at 5. Respondent is a New York municipal corporation, located within the Adirondack Park Preserve in St. Lawrence County, New York (“County”). The Council commenced this hybrid proceeding on November 5, 2020, alleging the Town’s ATV Use Law, enacted July 8, 2020, is null and void because the Town did not comply with (1) N.Y. VTL §2405; (2) Article IX, §2 of the State Constitution; and, (3) SEQRA. The Town contends this proceeding must be dismissed because the Council lacks standing. The Town further contends that, if standing is found, the ATV Use Law was properly enacted and satisfies SEQRA. In 2012, the County completed a Generic Environmental Impact Statement (“GEIS”) (Doc. 7) for a proposed County-wide multi-use recreational trail system (“Trail System”), which among other things, would provide trails for ATV use. The GEIS included as a proposed ATV trail segment the entire length of Tooley Pond Road within the Town. Tooley Pond Road runs through the Town for a distance of 10.75 miles from the Town of Clifton (“Clifton”) Town Line to the Town of Russell (“Russell”) Town Line. It is maintained by the Town and used by dump trucks, plows, skidders, logging trucks, cars, motorcycles, and pickup trucks. Affidavit of Town Supervisor Francis Sharpstene (Doc. 38) at 4. Snowmobile and ATV trails cross or abut it. Id. The Town Board commenced a public hearing on the ATV Use Law on March 11, 2020, which was concluded July 8, 2020. Town Answer and Return (“Answer”) (Doc. 17) at
28, 30. As now pertinent, the ATV Use Law divides Tooley Pond Road into two segments, separately designating each segment as open to ATV use. These segments are: (1) an approximately 4.1 mile segment from the Clifton Town Line to its intersection with the Allen Pond Connection Road and Trailhead (“Trailhead”); and, (2) an approximately 6.7 mile segment running from the Trailhead to the Russell Town Line. Id. at 25. An existing County ATV trail intersects Tooley Pond Road at the Trailhead. ATV use of Tooley Pond Road pursuant to the Town ATV Law also connects existing segments of the Trail System already open to ATV traffic. See Answer at 30. The south branch of the Grasse1 River runs parallel to Tooley Pond Road. The DEC had purchased land for Forest Preserve directly adjacent to the Grasse River, which lies between the Grasse River and Tooley Pond Road. In considering the proposed ATV Use Law, the Town Board relied upon the affidavit of County Senior Civil Engineer Andrew E. Willard (“Willard”) dated March 11, 2020 (included in Doc. 25 at pp. 6-9) (“Willard aff.”). Willard averred both the Grasse River and the Forest Preserve land between it and Tooley Pond Road prevented ATV access to the Trailhead and trailhead areas. Willard aff. at
