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The Trail Companion
Fall 1999
Theme: Trails and the ADA
Trails and the Americans with Disabilities Act
(ADA)
Since the Americans with
Disabilities Act was signed into law, nearly every one of
us has been touched in some manner by this far reaching
law. From curb ramps to handicap parking spaces, the Act
specifies an enormous number of architectural and design
specifications that aim to provide equal access to public
spaces which had been effectively off-limits to a large
(and growing) percentage of the population. The Act, in its
original form, did not address trails and parks in any
great detail and there has been some speculation about how
guidelines would be applied. Some have envisioned
requirements that would force all trails to meet
whole-access standards and thereby severely impact natural,
cultural and historical features. The Trail Center's
projects have only included three trails that allow access
without barriers in the sixteen years of our
existence-would all future trails have to meet ADA
standards-effectively prohibiting construction of any of
our trails which have a greater than 6% grade?
The task of defining what is
meant by barrier-free access to the outdoors is currently
underway by a 25-member Regulatory Negotiation Committee
under the authority of the Access Board (Washington, D.C.),
comprised of representatives from federal and state
agencies, advocates for the disabled, and trail groups,
including American Trails, American Hiking Society,
Appalachian Trail Conference, and the National Association
of State Trail Administrators. They are charged with
addressing the accessibility of trails in addition to
buildings and programs by developing new rules for trails
and outdoor recreation facilities under ADA.
The Committee released the
first draft of the guidelines in December 1998, revised
them in January and are still working to clarify them.
MacDonald notes that "various approaches have been
considered, but the framework must include these two main
parts:
- Scoping Provisions: where, when, and under
what circumstances a trail must be built to an accessible
standard.
- Technical Provisions: the dimensions,
materials, and specifications that define what an
accessible trail is in terms of trail grade, cross slope,
height of obstacles, tread width, surface materials,
etc.
"But trails into natural
surroundings clearly are different from access routes to
buildings. Often the trail itself, with all its challenges,
is the experience. Nor are trails always designed
specifically for pedestrians, such as those built or
adopted by mountain bicyclists or equestrians. While roads
would be excluded, hikers in many cases share motorized
trails with ATVs and other vehicles. How should ADA address
these shared-use trails? Then there is the problem of
severe topography, rocky or sandy terrain, or other
environmental concerns. What if building an accessible
trail to those standards is infeasible or, illogical?
"First, the Technical
Provisions would allow for a reduced standard of
accessibility (e.g. allowing for a steeper slope) under
certain circumstances which are still being debated.
Second, language would define broader exceptions, or
circumstances in which planners could document the need to
build a trail to a lower standard of accessibility."
The Committee met again in
July to further define the guidelines. Their July
clarification statement proposes that "accessibility
guidelines for trails are triggered when a trail is newly
constructed or altered. Operators and land managers make
the decision when and where they will construct or alter a
trail. Once they decide, the accessibility guidelines apply
ONLY to those trails connected to an accessible trail or
accessible trail head."
The guidelines will not apply
if one or more of the following conditions are present:
- 1. Where compliance would cause substantial harm to
cultural, historic, religious, or significant natural
features or characteristics;
- 2. Where compliance would substantially alter the
nature of the setting or the purpose of the facility, or
portion of the facility;
- 3. Where compliance would require construction
methods or materials that are prohibited by federal,
state, or local regulations or statutes;
- 4. Where compliance would not be feasible due to
terrain or the prevailing construction practices.
Two other general
exemptions are included that basically exempt trails where
the conditions are so extreme that it would be
inappropriate to apply the technical provisions. This
includes situations where there is a combination of
conditions or extreme site characteristics. Extreme
conditions include:
- (a) Where the combination of running slope and cross
slope exceeds 40% for over 20 feet
- (b) Where there is a trail obstacle 30 inches or more
in height
- (c) Where there is an unstable surface for 45 feet or
more
- (d) Where a trail width is less than 12 inches for 25
feet
- Technical provisions include:
- 1. New and altered trails that are not connected to
accessible trails or accessible trailheads.
- 2. Existing trails where no alteration is
planned.
- 3. Portions of existing trails that are being
connected by a new or altered portion.
The bottom line for the
draft proposal is that the guidelines should require only
sensible applications. Unlike requirements for buildings
and other facilities, the trail guidelines have many more
exceptions which protect the trail designer from being held
responsible for not meeting guidelines when repairing a
trail in the middle of a wilderness, while specifying what
is meant by "accessible trails" in an area that does have
full access.
After a period of public
comment early in 2000, the Access Board will publish a
final version of the guidelines and they will become
enforceable standards under the Dept. of Justice.
For more information on
the proposed guidelines, see the American
Trails website and the
Beneficial Designs website. An overview of the
guidelines work can also be found in a summary
paper by Dave Startzell, Executive Director,
Appalachian Trail Conference.
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