Off Road Vehicle Management Proposed Regulation Update

Updated September 3, 2025

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 updating the existing 1987 ORV regulations to accomplish multiple goals:  

allow appropriate and equitable vehicular access to supplement water-based transportation, which is the primary means of transport to Fire Island and the communities;

protect Seashore resources and a safe visitor experience; and

improve the administration of the ORV permitting program.

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) 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, including proposed updates to the ORV regulation.

Q: Who is the decision maker for updating the Off-Road Vehicle Management Program regulations?

Proposed changes documented in the EA (add release date) and Finding of No Significant Impact (FONSI) were developed by Seashore staff and are consistent with Federal laws and policies. The regional and national levels of NPS also provided guidance when developing the proposed regulation changes. The FIIS Superintendent has recommended decisions to the Regional Director of NPS Region 1. The Regional Director signed the FONSI that identified which updates to the regulations will be proposed and which changes to the Off-Road Vehicle Management Program will be made. The regulation will be reviewed and approved by the Secretary of the Interior.

Q: Why did the Seashore use 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 provided project management services. WSP USA was retained by NPS to provide administrative and analytical support. This support included 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 proposes updates to improve program administration while protecting Seashore visitor use and experience. The Seashore proposes updates to:

The number of permits issued annually.

Permit categories and how permit eligibility is determined.

Definitions, including but not limited to, “trip” and “essential services”.

The dates and times that driving is permitted.

Types of vehicles that may be permitted.

Program enforcement.

Extended driving season for recreational hunting and fishing access.

Detailed descriptions of the proposed updates are available in the FONSI, which can be accessed at: parkplanning.nps.gov/projectHome.cfm?projectId=97189 . These updates will be incorporated into a proposed rule that will be available for public review and comment in 2026.

Q: When will the regulation be changed? When will changes to the Off-Road Vehicle Management Program be implemented?

The NPS began drafting a new regulation in August of 2025 and anticipates releasing a proposed rule in early 2026. This timeline may change based on the administration’s priorities and the results of the public comment period. When the proposed rule is released, the public will be encouraged to review and comment. After considering public feedback the rule will be finalized later in 2026, pending DOI approval. The NPS anticipates implementing the new rule in January 2027 based on this current schedule, which is subject to change.

Q: What steps did the National Park Service (NPS) take to involve the community in the decision-making process?

The NPS conducted extensive civic engagement, including town hall meetings and consultations with various stakeholders, including residents, municipalities, and environmental groups, to gather input on the proposed ORV regulations.

Q: How did the NPS address public comments regarding the proposed action?

The NPS reviewed and incorporated substantive public comments into the Environmental Assessment (EA), leading to changes in permit caps, driving restrictions and definitions related to community employees and year-round residents.

Q: Why was the EA comment period for the EA not extended for 30 days as requested?

In response to public requests, the NPS did extend the comment period from the initial 30 days to a total of 48 days. This is in line with standard practices.

Q: How can the Fire Island communities and civic groups be involved in regulating driving on Fire Island?

The Seashore will continue to engage with stakeholders on the implementation of any potential changes to the program while preparing for implementation in January 2027.  Community and civic groups interested in further participation in decisions regulating driving on Fire Island, including limits on driving permits, traffic controls, and enforcement on non-NPS land should work with their town and/or village.

Q: I commented during the civic engagement processes. How were my comments used?

The civic engagement processes, which took place in Spring 2022, Fall 2023 and Summer 2024, included public meetings and comment periods. Comments submitted during these periods were used to guide the NPS in the development of NEPA alternative actions, analyze the impact of these alternatives, and finalize the NPS selected action in the FONSI. These comments will continue to be used throughout the 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 funds 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 determined that sufficient information was available to inform a NEPA analysis and potential rulemaking regarding the ORV Management Program but has accepted and considered new or additional information throughout the NEPA process. Currently, the following information has been incorporated into the analysis:

Multiple years of driving data collected from the Fire Island Lighthouse and Wilderness Visitor Center entrances to the Seashore.

Relevant data from law enforcement.

Available studies on transportation, environmental conditions, and natural and cultural resources within the Seashore boundaries, and in similar environments.

Multiple years of data on beach closures due to piping plover nesting.

Multiple years of Seashore ORV permit data.

Information submitted during the Spring 2022 Pre-NEPA and Fall 2023 NEPA-scoping civic engagement comment periods and previous engagement opportunities on this subject.

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 intense, more frequent storms 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. That 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 specific data did the NPS use to determine the appropriate cap for permits?

The NPS utilized over 700,000 data points collected over 12 years to analyze driving patterns and assess the impacts of proposed permit caps. This data was adjusted to account for pre-COVID conditions to ensure accurate representation.

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:

As of January 2024, approximately 222 year-round resident households were occupied year-round. The Seashore issued 145 driving permits to year-round residents (the current permit cap for this category), while 32 applicants were on the year-round resident driving permit waitlist.

Part-time resident permits will continue to be phased out as the number of residents who are eligible shrinks over time. Under the current regulation, the Seashore could issue 245 permits to residents (combining year-round and part time caps).

The park receives requests for year-round residents to drive when the bay is iced over. In 2023, 25 of these permits were issued. These temporary permits represent a large workload for Seashore staff relative to the value for residents. The Seashore plans to eliminate the practice of ice-over permits because the increase in the number of year-round resident permits will meet current needs.

To be eligible for a full-time permit, a resident must demonstrate that they have lived full-time on the island during the previous year. This is why we do not expect an immediate increase in the number of permit applications.

The Seashore’s cap is intended to be a ceiling on the number of permits issued. The Seashore only issues permits to residents after their residency status is vetted by the appropriate towns and/or villages and permits are issued by the municipalities. The Towns and Villages can set a cap on the number of permits they issue if they feel there is a burden in the individual municipality.

  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 resulted 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: Did the NPS consider community character while developing the EA? 

Yes, the NPS considered NEPA public 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 does the NPS plan to manage the potential increase in traffic on Burma Road?

The NPS acknowledges that traffic could increase but emphasizes that towns and villages have the authority to regulate traffic and parking within their jurisdictions.

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).

Q: Why was the US Fish and Wildlife Service (USFWS) not included as a cooperating agency?

The NPS determined that existing consultation documents under the Endangered Species Act provided sufficient coordination with the USFWS, which was engaged throughout the planning process.

Q: What is being done to ensure the safety of visitors and emergency responders with increased vehicle access?

The NPS will coordinate with local communities and first responders to address safety concerns on lands over which the NPS has jurisdiction and ensure that emergency access is maintained.

Q: How will the NPS address concerns about the socioeconomic impacts of the proposed action?

The NPS included a socioeconomic analysis in the EA and concluded that residents and businesses could benefit from reduced construction costs if costs are currently elevated because of access restrictions. The increase in the number of business permits could increase competition, which typically drives down costs.

Q: What steps will be taken to mitigate potential erosion and environmental impacts from ORV use?

The NPS will implement measures such as symbolic fencing, driver education, and monitoring to protect sensitive dune ecosystems and minimize erosion.

Q: Will there be transparency in the permit application process?

The NPS is committed to updating the vetting process for permit applications to ensure consistency and transparency and will collaborate with local authorities.

Q: How will the NPS handle violations of ORV regulations?

The NPS will enforce regulations through increased ranger patrols, driver education programs and potential suspension or revocation of permits for egregious violations.

Q: What is the NPS's response to concerns about increased crime due to more vehicles on the island?

Crime prevention and enforcement in communities are managed by local authorities, and the NPS will continue to work with these agencies to address any emerging concerns.

Q: How will the NPS ensure that the ecological integrity of Fire Island is maintained amidst increased ORV use?

The NPS will continue to monitor ecological impacts and implement intermittent closures as necessary to protect sensitive habitats and species. In the event there are unforeseen impacts, the NPS could consider another revision to the regulation.

Q: What measures are being taken to address concerns about the potential decrease in ferry ridership due to increased contractor permits?

The NPS has reduced the cap for construction/business permits from 145 (proposed in the EA) to 110 (proposed in the FONSI) to mitigate concerns about ferry ridership and ensure that water-based transportation remains a primary means of access to Fire Island.

Q: How does the NPS plan to balance the need for contractor access with the concerns of local communities regarding traffic and parking?

The NPS is committed to issuing permits only after local municipalities have done so, allowing communities to manage the number of permits up to the proposed NPS caps and reduce associated impacts. The reduction in the cap for construction/business permits is also expected to limit traffic in the communities.

Q: What steps will the NPS take to evaluate the carrying capacity of the inland travel infrastructure?

While the NPS has analyzed driving data to understand existing patterns, it encourages local communities to conduct their own carrying capacity studies to inform additional restrictions and manage traffic effectively.

Q: How does the NPS plan to respond to concerns about increased noise and emissions from additional vehicles?

The NPS has conducted an analysis of potential noise and emissions impacts and has determined that the proposed changes are not expected to result in significant increases.

Q: How will the NPS handle public comments and concerns regarding the implementation of the new regulations?
The NPS will conduct a public comment period for the proposed rule and will consider all feedback received to make necessary adjustments before finalizing the implementation strategy.

Q: What is the NPS's response to the suggestion to allow more trips per day for year-round residents?

The NPS has determined that two trips per day are sufficient for most residents based on data analysis. Increasing the limit to three trips per day could lead to a substantial increase in overall trips, which the NPS aims to avoid.

Q: What criteria will the NPS use to determine whether to grant exceptions to driving restrictions?

Exceptions will be granted based on demonstrated hardship or emergency situations. The NPS plans to streamline the process to focus on genuine needs.

Q: How does the NPS plan to address the concerns raised about the potential suburbanization of Fire Island communities?

The NPS acknowledges these concerns and will work with local communities, and work with the towns and villages through local zoning programs, to monitor changes and implement strategies to maintain the unique character of Fire Island.

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 updating the existing 1987 ORV regulations to accomplish multiple goals:  

allow appropriate and equitable vehicular access to supplement water-based transportation, which is the primary means of transport to Fire Island and the communities;

protect Seashore resources and a safe visitor experience; and

improve the administration of the ORV permitting program.

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) 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, including proposed updates to the ORV regulation.

Q: Who is the decision maker for updating the Off-Road Vehicle Management Program regulations?

Proposed changes documented in the EA (add release date) and Finding of No Significant Impact (FONSI) were developed by Seashore staff and are consistent with Federal laws and policies. The regional and national levels of NPS also provided guidance when developing the proposed regulation changes. The FIIS Superintendent has recommended decisions to the Regional Director of NPS Region 1. The Regional Director signed the FONSI that identified which updates to the regulations will be proposed and which changes to the Off-Road Vehicle Management Program will be made. The regulation will be reviewed and approved by the Secretary of the Interior.

Q: Why did the Seashore use 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 provided project management services. WSP USA was retained by NPS to provide administrative and analytical support. This support included 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 proposes updates to improve program administration while protecting Seashore visitor use and experience. The Seashore proposes updates to:

The number of permits issued annually.

Permit categories and how permit eligibility is determined.

Definitions, including but not limited to, “trip” and “essential services”.

The dates and times that driving is permitted.

Types of vehicles that may be permitted.

Program enforcement.

Extended driving season for recreational hunting and fishing access.

Detailed descriptions of the proposed updates are available in the FONSI, which can be accessed at: parkplanning.nps.gov/projectHome.cfm?projectId=97189 . These updates will be incorporated into a proposed rule that will be available for public review and comment in 2026.

Q: When will the regulation be changed? When will changes to the Off-Road Vehicle Management Program be implemented?

The NPS began drafting a new regulation in August of 2025 and anticipates releasing a proposed rule in early 2026. This timeline may change based on the administration’s priorities and the results of the public comment period. When the proposed rule is released, the public will be encouraged to review and comment. After considering public feedback the rule will be finalized later in 2026, pending DOI approval. The NPS anticipates implementing the new rule in January 2027 based on this current schedule, which is subject to change.

Q: What steps did the National Park Service (NPS) take to involve the community in the decision-making process?

The NPS conducted extensive civic engagement, including town hall meetings and consultations with various stakeholders, including residents, municipalities, and environmental groups, to gather input on the proposed ORV regulations.

Q: How did the NPS address public comments regarding the proposed action?

The NPS reviewed and incorporated substantive public comments into the Environmental Assessment (EA), leading to changes in permit caps, driving restrictions and definitions related to community employees and year-round residents.

Q: Why was the EA comment period for the EA not extended for 30 days as requested?

In response to public requests, the NPS did extend the comment period from the initial 30 days to a total of 48 days. This is in line with standard practices.

Q: How can the Fire Island communities and civic groups be involved in regulating driving on Fire Island?

The Seashore will continue to engage with stakeholders on the implementation of any potential changes to the program while preparing for implementation in January 2027.  Community and civic groups interested in further participation in decisions regulating driving on Fire Island, including limits on driving permits, traffic controls, and enforcement on non-NPS land should work with their town and/or village.

Q: I commented during the civic engagement processes. How were my comments used?

The civic engagement processes, which took place in Spring 2022, Fall 2023 and Summer 2024, included public meetings and comment periods. Comments submitted during these periods were used to guide the NPS in the development of NEPA alternative actions, analyze the impact of these alternatives, and finalize the NPS selected action in the FONSI. These comments will continue to be used throughout the 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 funds 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 determined that sufficient information was available to inform a NEPA analysis and potential rulemaking regarding the ORV Management Program but has accepted and considered new or additional information throughout the NEPA process. Currently, the following information has been incorporated into the analysis:

Multiple years of driving data collected from the Fire Island Lighthouse and Wilderness Visitor Center entrances to the Seashore.

Relevant data from law enforcement.

Available studies on transportation, environmental conditions, and natural and cultural resources within the Seashore boundaries, and in similar environments.

Multiple years of data on beach closures due to piping plover nesting.

Multiple years of Seashore ORV permit data.

Information submitted during the Spring 2022 Pre-NEPA and Fall 2023 NEPA-scoping civic engagement comment periods and previous engagement opportunities on this subject.

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 intense, more frequent storms 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. That 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 specific data did the NPS use to determine the appropriate cap for permits?

The NPS utilized over 700,000 data points collected over 12 years to analyze driving patterns and assess the impacts of proposed permit caps. This data was adjusted to account for pre-COVID conditions to ensure accurate representation.

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:

As of January 2024, approximately 222 year-round resident households were occupied year-round. The Seashore issued 145 driving permits to year-round residents (the current permit cap for this category), while 32 applicants were on the year-round resident driving permit waitlist.

Part-time resident permits will continue to be phased out as the number of residents who are eligible shrinks over time. Under the current regulation, the Seashore could issue 245 permits to residents (combining year-round and part time caps).

The park receives requests for year-round residents to drive when the bay is iced over. In 2023, 25 of these permits were issued. These temporary permits represent a large workload for Seashore staff relative to the value for residents. The Seashore plans to eliminate the practice of ice-over permits because the increase in the number of year-round resident permits will meet current needs.

To be eligible for a full-time permit, a resident must demonstrate that they have lived full-time on the island during the previous year. This is why we do not expect an immediate increase in the number of permit applications.

The Seashore’s cap is intended to be a ceiling on the number of permits issued. The Seashore only issues permits to residents after their residency status is vetted by the appropriate towns and/or villages and permits are issued by the municipalities. The Towns and Villages can set a cap on the number of permits they issue if they feel there is a burden in the individual municipality.

  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 resulted 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: Did the NPS consider community character while developing the EA? 

Yes, the NPS considered NEPA public 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 does the NPS plan to manage the potential increase in traffic on Burma Road?

The NPS acknowledges that traffic could increase but emphasizes that towns and villages have the authority to regulate traffic and parking within their jurisdictions.

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).

Q: Why was the US Fish and Wildlife Service (USFWS) not included as a cooperating agency?

The NPS determined that existing consultation documents under the Endangered Species Act provided sufficient coordination with the USFWS, which was engaged throughout the planning process.

Q: What is being done to ensure the safety of visitors and emergency responders with increased vehicle access?

The NPS will coordinate with local communities and first responders to address safety concerns on lands over which the NPS has jurisdiction and ensure that emergency access is maintained.

Q: How will the NPS address concerns about the socioeconomic impacts of the proposed action?

The NPS included a socioeconomic analysis in the EA and concluded that residents and businesses could benefit from reduced construction costs if costs are currently elevated because of access restrictions. The increase in the number of business permits could increase competition, which typically drives down costs.

Q: What steps will be taken to mitigate potential erosion and environmental impacts from ORV use?

The NPS will implement measures such as symbolic fencing, driver education, and monitoring to protect sensitive dune ecosystems and minimize erosion.

Q: Will there be transparency in the permit application process?

The NPS is committed to updating the vetting process for permit applications to ensure consistency and transparency and will collaborate with local authorities.

Q: How will the NPS handle violations of ORV regulations?

The NPS will enforce regulations through increased ranger patrols, driver education programs and potential suspension or revocation of permits for egregious violations.

Q: What is the NPS's response to concerns about increased crime due to more vehicles on the island?

Crime prevention and enforcement in communities are managed by local authorities, and the NPS will continue to work with these agencies to address any emerging concerns.

Q: How will the NPS ensure that the ecological integrity of Fire Island is maintained amidst increased ORV use?

The NPS will continue to monitor ecological impacts and implement intermittent closures as necessary to protect sensitive habitats and species. In the event there are unforeseen impacts, the NPS could consider another revision to the regulation.

Q: What measures are being taken to address concerns about the potential decrease in ferry ridership due to increased contractor permits?

The NPS has reduced the cap for construction/business permits from 145 (proposed in the EA) to 110 (proposed in the FONSI) to mitigate concerns about ferry ridership and ensure that water-based transportation remains a primary means of access to Fire Island.

Q: How does the NPS plan to balance the need for contractor access with the concerns of local communities regarding traffic and parking?

The NPS is committed to issuing permits only after local municipalities have done so, allowing communities to manage the number of permits up to the proposed NPS caps and reduce associated impacts. The reduction in the cap for construction/business permits is also expected to limit traffic in the communities.

Q: What steps will the NPS take to evaluate the carrying capacity of the inland travel infrastructure?

While the NPS has analyzed driving data to understand existing patterns, it encourages local communities to conduct their own carrying capacity studies to inform additional restrictions and manage traffic effectively.

Q: How does the NPS plan to respond to concerns about increased noise and emissions from additional vehicles?

The NPS has conducted an analysis of potential noise and emissions impacts and has determined that the proposed changes are not expected to result in significant increases.

Q: How will the NPS handle public comments and concerns regarding the implementation of the new regulations?

The NPS will conduct a public comment period for the proposed rule and will consider all feedback received to make necessary adjustments before finalizing the implementation strategy.

Q: What is the NPS's response to the suggestion to allow more trips per day for year-round residents?

The NPS has determined that two trips per day are sufficient for most residents based on data analysis. Increasing the limit to three trips per day could lead to a substantial increase in overall trips, which the NPS aims to avoid.

Q: What criteria will the NPS use to determine whether to grant exceptions to driving restrictions?

Exceptions will be granted based on demonstrated hardship or emergency situations. The NPS plans to streamline the process to focus on genuine needs.

Q: How does the NPS plan to address the concerns raised about the potential suburbanization of Fire Island communities?

The NPS acknowledges these concerns and will work with local communities, and work with the towns and villages through local zoning programs, to monitor changes and implement strategies to maintain the unique character of Fire Island.

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 documented public health concerns, the superintendent can issue permits to drive.

Q: What is the rationale behind the NPS's decision to categorize construction debris removal under the construction/business permit category instead of essential services?

The NPS aligns construction debris removal with the construction/business category to manage the adverse effects on visitor experience during peak seasons. This decision reflects the need to balance essential access with the preservation of natural resources.

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Off Road Vehicle Management Proposed Regulation Update

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November 5, 2022 presentation

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