AccessibilityGuide.docx

May 22, 2006 Forest Service Trail Accessibility Guidelines

FSTAG

Contents Executive Summary Preamble:

Background and Development: Why these guidelines and why now?

A Section by Section Analysis that explains in detail each portion of the FSTAG.

FSTAG -Technical Provisions:

Contains the scoping requirements, technical specifications and all definitions.

Appendices:

A. Overview of FSTAG Implementation Process:.

A flowchart on how to apply the FSTAG one step at a time.

(Best if printed in color.)

E. Citations from Forest Service Outdoor Recreation Accessibility Guidelines (FSORAG) F. Architectural Barriers Act Accessibility Standards Citations Referenced in FSTAG Technical Provisions

USDA Forest Service Trail Accessibility Guidelines

Executive Summary The Forest Service Trail Accessibility Guidelines (FSTAG) provide guidance for maximizing accessibility of trails in the National Forest System, while recognizing and protecting the unique characteristics of their natural setting. The FSTAG applies only to trails in the National Forest System that (1) are new or altered; (2) have a designed use of hiker/pedestrian under the Interagency Trail Data Standards (ITDS) and Forest Service Trail Planning and Management Fundamentals; and (3) connect directly to a currently accessible trail or a trailhead. Appropriate application of the FSTAG will ensure that the full range of trail opportunities continues to be provided, from primitive long-distance trails to highly developed trails and popular scenic overlooks. All Forest Service and ITDS trail classes will remain unchanged.

The FSTAG integrates the Forest Service policy of universal design (Forest Service Manual 2330.5) to ensure the integration of all people, to the greatest extent possible, without separate or segregated access for people with disabilities. Under the Forest Service’s universal design policy, with few exceptions, all new or altered facilities and associated constructed features at recreation sites must comply with the technical provisions of the FSTAG, rather than only a certain percentage of those facilities.

The FSTAG is based on draft guidelines for outdoor developed areas created by a regulatory negotiation committee (Reg Neg Committee) established by the Architectural and Transportation Barriers Compliance Board (Access Board).

Like the Reg Neg Committee’s draft guidelines, the FSTAG establishes one level of accessibility. The uniqueness of each trail is preserved through the use of conditions for departure and exceptions from the guidelines, when application of a technical provision would cause a change in a trail’s setting or the purpose or function for which a trail was designed.

The FSTAG probably will not apply to most portions of existing primitive, long-distance trails. However, the FSTAG may apply to some segments of those trails, such as where they pass through a more developed area. The FSTAG contains exceptions that will prevent accessibility from being pointlessly applied in a piecemeal fashion along a trail when access between trail segments is not possible. The FSTAG also contains requirements to provide accessibility to special features where possible.

The Access Board is preparing to publish the Reg Neg Committee’s draft guidelines for public notice and comment. The Access Board’s guidelines will apply to federal agencies subject to the Architectural Barriers Act. When the Access Board finalizes its accessibility guidelines for outdoor developed areas, the Forest Service will revise the FSTAG to as needed to incorporate the Access Board’s standards, where those provisions are a higher standard, as supplemented by the Forest Service. The supplementation will ensure the agency’s application of equivalent or higher guidelines and universal design, as well as consistent use of agency terminology and processes.

Preamble The preamble provides background on the FSTAG, beginning with the Forest Service’s development of universal design guidelines for outdoor recreation areas. The preamble also addresses applicability of the FSTAG, including a discussion of alteration versus maintenance, and provides a detailed explanation of the FSTAG’s key provisions.

The FSTAG contains 11 technical provisions that apply to trails or trail segments in the National Forest System that (1) are new or altered (an alteration is a change in the original purpose, intent, or design of a trail); (2) have a designed use of hiker/pedestrian under the ITDS and Forest Service Trail Planning and Management Fundamentals; and (3) connect directly to an accessible trail or to a trailhead. For purposes of the FSTAG, a trailhead is a site designed and developed by the agency, a trail association, a trail maintaining club, trail partners, or other cooperators to provide staging for trail use. For purposes of the FSTAG the following do not constitute a trailhead: (1) junctions between trails where there is no other access and (2) intersections where a trail crosses a road or users have developed an access point, but no improvements have been provided by the Forest Service, a trail association, a trail maintaining club, trail partners, or other cooperators beyond minimal signage for public safety.

The FSTAG contains a definitions section and enumerates four conditions for departure and exceptions that provide for deviation from the technical provisions. Appendix A includes an overview of the FSTAG implementation process, which provides a graphic summary of the key FSTAG steps and process sequencing. Appendix B contains the ITDS trail classes. Appendix C contains the ITDS summary of trail designed use and managed use and the Forest Service Trail Planning and Management Fundamentals. Appendix D contains the technical provisions from the Forest Service Outdoor Recreation Accessibility Guidelines that are referenced in the FSTAG. Appendix E contains the provisions from the Architectural Barriers Act Accessibility Standards that are referenced in the FSTAG.

Background

The Architectural Barriers Act of 1968 (ABA) and Section 504 of the Rehabilitation Act of 1973 (Section 504) require newly constructed or altered facilities to be accessible, with few exceptions. The applicable standard for new construction and alteration of Forest Service facilities under these laws is the Architectural Barriers Act Accessibility Standards (ABAAS).

While Chapter 10 of the ABAAS addresses some recreation facilities, including boating and fishing facilities, swimming pools, play areas, sports arenas, miniature golf courses, and amusement parks, the ABAAS does not address camping and picnicking areas and elements, outdoor recreation access routes, beach access routes, and pedestrian hiking trails.

Since the late 1980s, the USDA Forest Service (Forest Service) has been committed to the development of accessibility guidelines that protect the unique characteristics of the natural setting. In 1993, the Forest Service developed and implemented the Universal Access to Outdoor Recreation: A Design Guide (Design Guide), which contains accessibility guidelines for the outdoor recreation environment.

The applicability of the provisions in the Design Guide was based on the Forest Service’s recreation opportunity spectrum (ROS). Under this approach, the degree of modification for accessibility in a given area reflects that area’s level of development, resulting in a spectrum of opportunities for all people with the diversity of challenge and risk that is inherent in the outdoor recreation environment. The Design Guide also incorporated the universal design policy of developing programs and facilities to serve all people, to the greatest extent possible. The goal of universal design is to ensure integration of all people, without separate or segregated access for people with disabilities. Under the Forest Service’s universal design policy, new or altered facilities and associated constructed features in recreation areas are required to be accessible, rather than only a certain percentage of those facilities, with few exceptions.

The Forest Service presented the Design Guide to the Access Board, the federal agency responsible for accessibility guidelines and for enforcement of the ABA. The Access Board established a Recreation Access Advisory Committee (RAAC) in July 1993 to develop additional recreation-oriented provisions for the federal accessibility guidelines. The RAAC issued a report in July 1994 that addressed the various types of recreation facilities and identified the features of each type that were not addressed by the current federal accessibility guidelines. The RAAC made recommendations for developing accessibility guidelines for those facilities.

The Access Board published an advance notice of proposed rulemaking in September 1994 requesting public comment on the RAAC’s recommendations. The public comments expressed support for many of the recommendations. However, the public comments also revealed a lack of consensus among interested parties on some major issues regarding outdoor developed areas. Consequently, the Access Board decided to develop proposed accessibility guidelines for outdoor developed areas through a regulatory negotiation process. The Forest Service was one of the 24 members of the Regulatory Negotiation Committee on Outdoor Recreation Developed Areas (Reg Neg Committee).

The Reg Neg Committee’s scope of work included outdoor recreation access routes, beach access routes, camping and picnicking areas and elements, and pedestrian hiking trails. The Reg Neg Committee determined that the applicability of its guidelines would not be based on the ROS. Rather, the Reg Neg Committee’s guidelines would apply regardless of the setting, unless one or more conditions for departure existed and an exception applied for a specific technical provision. Further, the Reg Neg Committee’s guidelines would not integrate a universal design policy.

In 1999, the Reg Neg Committee issued draft accessibility guidelines for outdoor recreation facilities and trails. While awaiting completion of the rulemaking process for these guidelines, the Forest Service began developing internal guidelines for both trails and outdoor recreation facilities that would apply only in the National Forest System and that would comply with the public notice and comment process for Forest Service directives pursuant to 36 CFR Part 216. The agency took this step to provide a consistent and reliable method for designing accessible outdoor recreation facilities and trails pending promulgation of the Access Board’s guidelines. The Forest Service’s guidelines are based on the Reg Neg Committee’s draft guidelines. The Forest Service’s guidelines are in two parts: the Forest Service Outdoor Recreation Accessibility Guidelines (FSORAG) and the Forest Service Trail Accessibility Guidelines (FSTAG).

In 2006, the Access Board plans to publish for public notice and comment the Reg Neg Committee’s draft guidelines for outdoor developed areas managed by federal agencies. The Forest Service and the other federal land management agencies will work with the Access Board as it develops final accessibility guidelines for outdoor developed areas. The final FSTAG and FSORAG will incorporate the Access Board’s standards, as supplemented by the Forest Service. The supplementation will ensure the agency’s application of equivalent or higher guidelines and universal design, as well as consistent use of agency terminology and processes.

The FSTAG integrates the universal design policy contained in the Design Guide. For example, the FSTAG requires that signs be posted at the trailhead of new or altered trails and trail segments, as well as at the trailhead of trails that have been evaluated for accessibility, to provide information to all users concerning grade, width, and other characteristics that affect accessibility.

To deal specifically and in depth with trail-related issues, the Forest Service developed the FSTAG as a separate document from the FSORAG. The FSORAG addresses accessibility for campgrounds, picnic areas, outdoor recreation access routes, beach access routes, benches, trash, recycling, and essential containers, viewing areas at overlooks, telescopes and periscopes, mobility device storage, pit toilets in general forest areas, warming huts, and outdoor rinsing showers, and other constructed features associated with outdoor recreation areas. Both the FSTAG and the FSORAG are available at www.fs.fed.us/recreation/programs/accessibility.

The FSTAG integrates Forest Service trail terminology and policy. The Forest Service Trail Planning and Management Fundamentals, which mirror the ITDS, are available at the Forest Service Recreation Integrated Business Management website at www.fs.fed.us/r3/measures/TR.htm.

The FSTAG also references trail classes. A trail manager determines the applicable trail class by referring to the Forest Service and ITDS Trail Class Matrix that is included in Appendix B of the FSTAG and is posted on the agency’s trails website at http://www.fs.fed.us/r3/measures/Inventory/trails%20files/Trail_Class_Matrix_1_312005.doc.

On February 17, 2005, the Forest Service published in the Federal Register for public notice and request for comments on the proposed directive to Forest Service Manual (FSM) 2350 that would require compliance with the FSTAG. On May 22, 2006, the Forest Service published, in the Federal Register (Volume 71, Number 98), notice of the final directive that requires compliance with the FSTAG, effective on that date. In the notice for the final directive, the agency also responded to the comments made on the proposed directive and noted the changes to the FSTAG made in response to comments.

The Forest Service will work closely with its many partners in implementing the FSTAG and FSORAG. The agency understands that some aspects of implementation may prove challenging, particularly with regard to expense, design expertise, and labor. The Forest Service is committed to assisting its partners in implementing the FSTAG and FSORAG.

Development of the FSTAG

The FSTAG was developed jointly by Forest Service trail and accessibility specialists to integrate with the Forest Service’s trail program and the ITDS. The FSTAG was drafted by a committee of USDA employees consisting of Jaime Schmidt, the National Trail Information Manager; Ruth Doyle, Santa Fe National Forest Landscape Architect and Assistant Recreation Staff Officer, the Forest Service representative on the Reg Neg Committee, and the primary Forest Service author of the Design Guide; Peter Irvine, Trails Coordinator; Janet Zeller, the National Accessibility Program Manager; Jim Miller, the National Trails Program Manager; James Schwartz, National Trails Coordinator; Ellen Hornstein, Attorney Advisor, Office of the General Counsel, Natural Resources Division, and Gail van der Bie, Deputy Director of the Recreation and Heritage Resources Staff. The FSTAG was reviewed by the Forest Service Trails Development Team and the Regional Recreation Access Coordinators, as well as other agency employees and trail partners.

Purpose of the FSTAG

MM

The purpose of the FSTAG is to provide guidance for maximizing accessibility, while protecting the unique characteristics of the natural setting. Specifically, the FSTAG:

· Protects forest resources and the environment.

· Preserves the recreation experience.

· Provides for equality of recreation opportunities.

· Maximizes accessibility.

· Is reasonable.

· Addresses public safety.

· Provides guidance.

· Is enforceable and measurable.

· Is based on independent use by persons with disabilities.

· Complies with the ABA, Section 504, and, to the greatest extent possible, current federal accessibility guidelines and standards.

· Integrates the Forest Service’s universal design and trail policies.

Definitions

All trail-related definitions used in the FSTAG are from the ITDS and the Forest Service Trail Planning and Management Fundamentals.

Wheelchair Dimensions and Reach Ranges

The FSTAG bases standards for trail construction and alteration on wheelchair dimensions and reach ranges in the ABAAS.

SECTION-BY-SECTION ANALYSIS

SECTION 7.1 APPLICABILITY

The FSTAG applies only to trails in the National Forest System that are

(1) new or altered; (2) have a designed use of hiker/pedestrian under the ITDS and Forest Service Trail Planning and Management Fundamentals; and

(3) connect directly to an accessible trail or to a trailhead.

Alteration An alteration is a change in the original purpose, intent, or design of a trail.

If a facility was constructed by a federal agency after 1968 or by any other entity after 1990, that facility had to be constructed in compliance with applicable accessibility standards that were in effect at the time of construction. If the facility is not accessible, when it is altered it must be brought into compliance with applicable accessibility requirements.

The Forest Service recognizes that not all the facilities it administers comply with this requirement. Since the early 1990s, the agency has been working hard to ensure that all new and altered facilities comply with applicable accessibility requirements. The agency also has developed transition plans to bring facilities that are not accessible into compliance.

Designed Use of Hiker/Pedestrian A trail may be managed for multiple uses, such as cycling, horseback riding, and hiking. However, according to the ITDS and Forest Service Trail Planning and Management Fundamentals, each trail or trail segment has only one designed use (i.e.,.the managed use of a trail that requires the most demanding design, construction, and maintenance parameters). Since the FSTAG applies to construction and alteration of trails, rather than to management of trails, the FSTAG applies to trails with a designed use, rather than a managed use, of hiker/pedestrian.

Connection to an Accessible Trail or to a Trailhead

The FSTAG takes into consideration a newly constructed or altered trail located in a remote area that connects to a trail that is not accessible. To address this concern, section 7.0 provides that the technical provisions apply only to new or altered trails and trail segments that connect directly to an accessible trail or to a trailhead. For purposes of the FSTAG, a trailhead is a site designed and developed by the Forest Service, a trail association, a trail maintaining club, a trail partner, or other cooperators to provide staging for trail use.

Maintenance

Trail maintenance is not subject to the FSTAG. Maintenance is routine or periodic repair of trails or trail segments to restore them to the standards to which they were originally designed and built. In contrast to alteration, maintenance does not change the original purpose, intent, or design of a trail.

Maintenance includes but is not limited to:

· Removal of debris and vegetation, such as downed trees or broken branches on a trail; clearing trail of encroaching brush or grasses; and removing rock slides.

· Maintenance of trail tread, such as filling ruts and entrenchments; reshaping a trail bed; repairing a trail surface and washouts; installing rip rap (rock placed to retain cut and fill slopes); and constructing retaining walls or cribbing to support trail tread.

· Erosion control and drainage; replacing or installing necessary drainage structures, such as drainage dips, water bars, or culverts; and realigning sections of trail to deter erosion or avoid boggy areas.

· Repair of trail or trailhead structures, including replacing deteriorated, damaged, or vandalized parts of structures, such as sections of bridges, boardwalks, information kiosks, fencing, and railings; painting; and removing graffiti.

Trail maintenance is completed in accordance with the standards established for each trail based on its trail management objectives. While accessible trails are likely to fall within a trail class that provides for more frequent maintenance, there may be times when a trail segment is not accessible due to normally occurring conditions in the outdoor environment, such as fallen branches. Routine maintenance of an accessible trail does not have to occur more frequently solely because the trail was constructed in compliance with the FSTAG.

While the FSTAG does not apply to trail maintenance, the Forest Service policy is to improve accessibility wherever possible. Trail designers and managers should take advantage of opportunities to improve accessibility in maintaining a trail that has a designed use of hiker/pedestrian.

The term “reconstruction” is not used in federal accessibility guidelines or the FSTAG, even though it is frequently used in the trails community. For the purposes of the FSTAG, actions are categorized as construction, alteration, or maintenance.

An Outdoor Recreation Access Route (ORAR) Versus a Trail An ORAR is a continuous, unobstructed path designated for pedestrian use that connects elements at a recreation site such as a picnic area, campground area, or trailhead. In contrast, a trail is a route that is designed, constructed, or designated for recreational pedestrian use or provided as an pedestrian alternative to vehicular routes within a transportation system. Thus, a trail is not an ORAR and does not have to comply with the technical provisions for ORARs in section 2.0 of the FSORAG.

Associated Constructed Feature In the FSTAG, the term “associated constructed feature” in relation to trails includes shelters, toilets, and other structures that provide support for trail users. To comply with the ABA and Section 504 requirement that new or altered facilities be accessible, the FSTAG requires associated constructed features to comply with the FSORAG.

These associated constructed features must be designed appropriately for the setting and in compliance with the FSTAG to ensure that the facility can be used for its primary purpose by all hikers, including hikers with disabilities. Illustrations of this principle follow.

· Pit toilet with no walls in a general forest area (GFA). The total height of the toilet seat and the riser it sits on must be 17 to 19 inches above the ground or floor. A clear floor or ground space complying with section 6.6.6 of the FSORAG must be provided adjacent to the riser. Since walls are not provided, grab bars are not required.

· Trail shelter or lean-to with three walls in a GFA. Where the constructed finished floor elevation is above the ground, the shelter or lean-to must be located so that at least one section of the floor on the open side of the shelter is 17 to 19 inches above the ground to facilitate transfer from a wheelchair.

· Bench. If a bench is provided along a trail, the bench must comply with section 6.1 of the FSORAG.

Specifications for tent pads and pit toilets constructed in GFAs are contained in sections 5.2 and 6.6 of the FSORAG. For convenience, the FSORAG technical provisions cited in the FSTAG and the section-by-section analysis of each are included in Appendix D of the FSTAG.

In GFAs, the path connecting associated constructed features, as well as the path connecting them to a trail, must comply with section 7.0 of the FSTAG. These paths are not ORARs and are not required to meet the technical provisions for an ORAR in the FSORAG.

Wheelchair Access A wheelchair or mobility device, including one that is battery-powered, is a device that is designed solely for use by a mobility-impaired person for locomotion and that is suitable for use in an indoor pedestrian area (Title V, sec. 507c, of the ADA; 36 CFR 212.1). “Designed solely for use by a mobility-impaired person for locomotion” means that the wheelchair was designed and manufactured solely for use for mobility by a person with a disability. Thus, this term does not include a motorized unit that has been retrofitted to make it usable by a person with a disability. “Suitable for use in an indoor pedestrian area” means usable inside a home, mall, courthouse, or other indoor pedestrian area.

A disabled person who requires use of a wheelchair or mobility device may use a wheelchair or mobility device that meets the definition in the preceding paragraph anywhere foot travel is permitted (FSM 2353.05 and Title V, sec. 507c, of the ADA). Wheelchairs and mobility devices are not defined as motor vehicles under Forest Service regulations (36 CFR 212.1). A motor vehicle cannot be used on National Forest System trails that are designated only for non-motorized use.

While the FSTAG does not require widening or flattening of primitive trails that would change their setting or purpose, in the coming years wheelchairs and other assistive medical technology will continue to change. It is likely that wheelchairs that meet the definition in the agency’s regulations will be able to travel across narrow, steep terrain and not be dependent on firm and stable surfaces or electrical plug-in recharging. Individuals with disabilities utilizing these devices will access primitive areas and will expect to be able to use the toilet that has been constructed at that location. Even now, using the current technology of non-motorized wheelchairs and crutches, individuals with limited mobility are choosing to hike to mountain summits via non-accessible trails. These hikers are also utilizing the accessible toilets and shelters along those trails. Accordingly, under the Forest Service’s accessibility guidelines, the door of a toilet structure must be at least 32 inches wide when opened fully, and its interior must meet minimum specifications.

Wheelchair Access to Non-Motorized Trails Nothing in these guidelines permits the use of a motor vehicle on a National Forest System trail that is not designated for motor vehicle use. To prevent motor use on non-motorized trails, gates, rocks, berms, posts, or other restrictive devices may be placed at a trailhead. However, under Section 504, an individual may not be denied participation in a federal program that is open to all other people. Thus, when foot travel is encouraged beyond a restrictive device, as it is at a trailhead, at least 32 inches of clear passage must be provided around or through the device to ensure that a person who uses a wheelchair can use the trail beyond the restriction. A 32-inch minimum width has been deemed sufficient because it is the minimum width required for a door under the ABAAS. Where foot travel is not encouraged but is permitted beyond a restrictive device, if a disabled individual expresses a need to access the area beyond the restrictive device, the administrative unit must work with that individual to provide access around the restriction. If a trail beyond a restrictive device does not meet the criteria for the FSTAG to apply, there is no requirement to make that trail accessible simply because there is clear passage of 32 inches around or through the device.

Puncheon, Boardwalks, and Trail Bridges

Puncheon, boardwalks, and trail bridges are trail constructed features and part of the trail tread, since they must be constructed in accordance with the width and other features of the trail. Thus, if a segment of a trail designed for hiker/pedestrian use is subject to the FSTAG’s technical provisions, the puncheon and bridges on that trail segment are also subject to the FSTAG’s technical provisions.

On any trail actively managed for pedestrian snow use (i.e., for snow-shoeing or cross-country skiing), trail bridge widths must accommodate passage by the intended users. For example, if a trail is managed for cross-country skiing, the bridges must be wide enough to provide safe passage by the skiers.

Section 7.1.1 Conditions for Departure Complying with the FSTAG will not always result in trails that are accessible to all persons with disabilities. Characteristics of the natural environment, such as terrain, soils, and hydrology, could prevent compliance with some of the FSTAG’s technical provisions.

Allowing some deviation is essential, as the outdoor environment is very different from a constructed indoor environment. Factors that influence the ability to provide fully accessible facilities, such as soil, surrounding vegetation, hydrology, terrain, and surface characteristics, are fundamental to outdoor areas. Without deviations from the technical provisions, compliance could significantly and unacceptably alter the nature of the outdoor experience.

Deviations are permitted from certain technical provisions of the FSTAG where one or more of four conditions for departure exist and an exception applies. Section 7.1.1 does not provide a blanket exemption from the technical provisions. Rather, each technical provision must be examined to determine whether a condition for departure exists and an exception applies that would permit deviation from that provision.

Section 7.1.1 authorizes deviation from specific technical provisions due to the presence of a site-specific condition. When that site-specific condition no longer exists, the technical provision reapplies. For example, if complying with the provision for clear tread width would cause substantial harm to a significant natural feature, a condition for departure and an exception apply that would permit deviation from the provision. Although a deviation from the clear tread width provision would be permitted where the trail passes that feature, the other technical provisions would still apply at that point. Once the trail passes that feature, the technical provision for clear tread width would reapply.

The following are the four conditions for departure that permit deviations from specific technical provisions where an exception applies.

1. Where compliance would cause substantial harm to cultural, historic, religious, or significant natural features or characteristics.

A significant natural feature may include a large rock, outcrop, tree, vegetation, or body of water that is regarded as distinctive or important locally, regionally, or nationally. Significant natural features also could include areas protected under federal or state laws, such as areas with threatened or endangered species or wetlands that could be threatened or destroyed by full compliance with the technical provisions, or areas where compliance would directly or indirectly substantially harm natural habitat or vegetation.

Significant cultural features include areas such as archaeological sites, sacred lands, burial grounds and cemeteries, and protected tribal sites. Significant historical features include properties listed or eligible for listing in the National Register of Historic Places or other places of recognized historic value. Significant religious features include sacred tribal sites and other properties held sacred by an organized religion.

If the significant feature would be directly or indirectly altered, destroyed, or otherwise negatively impacted by construction of the outdoor recreation facility or element in the process of providing accessibility, this condition for departure would apply.

When determining whether substantial harm would be incurred by the proposed change, consider only the additional impact of increasing the size, relocating the feature, or other change necessary to provide accessibility. This condition for departure does not apply where substantial impact will result from construction of non-accessible features and only a little more impact is due to construction directly related to accessibility.

For example, there may be concern about the number of wildflower plants being removed on cut and fill slopes for an accessible trail along the side of a hill, where the plants are an uncommon species for which the surrounding river drainage and a nearby town are named. The trail construction would destroy most of the flowers, as well as the meadow that provides their habitat. This condition for departure would not apply if 300 square feet must be disturbed to make way for a non-accessible trail and only another 80 square feet must be removed to provide an accessible trail. The majority of the proposed damage to the wildflowers is not attributable to compliance with accessibility requirements. In this case, an alternate location should be selected for the trail.

2. Where compliance would substantially change the physical or recreation setting or the trail class, designed use, or managed uses of the trail or trail segment or would not be consistent with the applicable land management plan.

Examples include a trail intended to provide a rugged experience, such as a cross-country training trail with a steep grade or a challenge course with abrupt and severe changes in level. If these types of trails were flattened out or otherwise constructed to comply with the technical provisions for accessible trails, they would not provide the desired level of challenge to users. Trails that traverse boulders and rock outcroppings are another example. The purpose of such a trail is to provide people with the opportunity to climb the rocks. To remove the obstacles along the way or reroute the trail around the rocks would destroy the purpose of the trail. The nature of the setting may also be compromised by actions such as widening for placement of an imported surface on a trail in a remote location or removing ground vegetation in meadows or alpine areas.

Compliance with the technical provisions of the FSTAG should not change the nature of the recreation opportunities provided. Further, compliance with the FSTAG should not negatively impact the unique characteristics of the natural setting, which prompt people to recreate in the outdoor rather than the indoor environment. People using primitive trails, for example, often experience the outdoor environment in a more natural state, with limited or no development. Evidence of manufactured building materials or engineered construction techniques in such a setting can change its primitive character and therefore the user’s experience. In these settings, people are generally looking for a higher degree of challenge and risk where they can use their outdoor and survival skills. The Forest Service’s firm position is that the fundamental, primitive character of trails designed as simple footpaths must not be compromised Compliance with the FSTAG’s technical provisions, particularly those related to surface and obstacles, could destroy the natural or undeveloped nature of the setting. This condition for departure addresses these concerns.

3. Where compliance would require construction methods or materials that are prohibited by federal, state, or local law.

For example, use of mechanized equipment is prohibited in wilderness areas. Construction methods are limited to hand tools in those areas. Imported materials may be prohibited to maintain the integrity of the natural setting. Construction methods and materials employed in wetlands or coastal areas are strictly limited. For traditional, historic, or other reasons, many trails are built using only native soil for surfacing, which may not be firm and stable. Federal statutes such as the Wilderness Act and the Endangered Species Act and state and local laws often impose restrictions to address environmental concerns. Many aquatic features are protected under federal or state laws. Some constructed water crossings that are required to provide accessibility may not be permitted under certain laws or regulations.

Local law has been included in this condition for departure to address situations where conservation easements or local ordinances prohibit or restrict construction methods and practices. For example, where land is purchased from farms, certain use restrictions may prohibit importation of surfacing materials.

4. Where compliance would be impractical due to terrain or prevailing construction practices.

Complying with the technical provisions, particularly those governing trail grade in section 7.3.1, in areas of steep terrain may require extensive cuts or fills that would be difficult to construct and maintain or that would cause drainage and erosion problems. Furthermore, constructing a trail on steep slopes may make it significantly longer, causing a much greater impact on the environment. Certain soils are highly susceptible to erosion. Other soils expand and contract in accordance with their water content. If compliance requires techniques that are incompatible with the natural drainage or existing soil, the trail will be difficult, if not impossible, to maintain.

This condition for departure may also apply where an obstacle or construction methods for particularly difficult terrain require the use of equipment other than that typically used throughout the length of the trail. One example is requiring the use of a bulldozer to remove a rock outcropping when hand tools are commonly used. Several of these conditions for departure are consistent with similar exceptions in the Reg Neg Committee’s draft guidelines.

Compliance with the provision for a surface that is both firm and stable (section 7.3.3) might conflict with prevailing construction practices by requiring importation of surfacing material that would not otherwise have been used. For example, if prevailing construction practices do not involve importation of surfacing material and the natural surfacing material cannot be made firm and stable, it may be impossible to comply with section 7.3.3.

The phrase “would be impractical” in this condition for departure refers to what is not reasonable, rather than to what is technically infeasible. This condition for departure applies when the effort and resources required to comply would be disproportionately high relative to the level of access established. Although compliance is technically possible, the amount of effort and resources required is not reasonable. For example, it may be possible to provide a trail with a 1:20 grade (5%) or less up a 1,500-foot mountain using heavy construction equipment, but the trail would be at least 5.8 miles long (rather than 2 miles long under a traditional backcountry layout), which could cause unacceptable environmental and visual impacts.

Trail construction practices vary greatly, from the use of volunteer labor and hand tools to professional construction with heavy, mechanized equipment. For trail alteration, “prevailing construction practices” means the methods typically used for construction of the trail. For new trails, the land manager determines the construction practices to be used on each trail. However, the choice of construction practices is primarily determined by available resources, such as machinery, skilled operators, and environmental conditions (e.g., soil type and depth, vegetation, and natural slope).

The intent of this condition for departure is to ensure that compliance with the technical provisions of the FSTAG does not require the use of construction practices that are beyond the skills and resources of the organization building the trail. This condition for departure is not intended to exempt the organization building the trail from the technical provisions of the FSTAG simply because of a particular construction practice (e.g., the use of hand tools) or to encourage the use of a certain construction practice to avoid compliance when more expedient methods and resources are available.

Moreover, when the Forest Service is funding a project, the agency cannot use cost as the reason for not making the project accessible, unless the cost to make that project accessible would have a significant adverse impact on the agency’s appropriations.

Regardless of the amount of money that is available to the agency, consistent with the principles of the FSTAG, the natural setting should not be changed to make a trail or other area accessible. Thus, there is no requirement to use drastic measures to provide accessibility if doing so would unacceptably change the character of the setting and the recreation opportunity.

While the FSTAG addresses the special circumstances where trail designers and managers may not be able to achieve accessibility, they are always encouraged to provide access to the greatest extent possible.

Section 7.1.2 GENERAL EXCEPTIONS A combination of factors may make it impractical to make an entire portion of a trail accessible according to the technical provisions of the FSTAG. As discussed under section 7.1.1, deviations from specific provisions are permitted where one or more conditions for departure exist and an exception applies. Once the conditions for departure no longer exist, the technical provisions must be met.

Given terrain and other environmental factors, only scattered portions of a trail or trail segment may meet all the technical provisions. Trail managers need to be able to determine whether the intent and objectives of an accessible hiking opportunity are being met on that trail. Section 7.1.2 includes two general exceptions to assist trail managers in making this determination.

Section 7.1.2.1 General Exception 1 The first general exception addresses situations where extreme, but not uncommon, environmental factors may be present along a trail that could render compliance with the technical provisions impractical. These factors, listed below, are associated with trail grade, surface, tread width, and tread obstacles.

Specifically, the first general exception provides that where one or more conditions for departure in section 7.1.1 and at least one limiting factor exist, then only that segment of trail between the trail terminus and the first limiting factor must comply with section 7.3, if that segment is more than 500 feet long. If the segment of trail between the trail terminus and first limiting factor is 500 feet or less in length, section 7.3 does not apply. However, if a prominent feature is located between the trail terminus and first limiting factor and is 500 feet or less from the trail terminus, section 7.3 applies up to the prominent feature.

The limiting factors are:

(a) The combination of trail grade and cross slope exceeds 20% for over 40 feet (6100 mm).

(b) The surface is not firm and stable for a distance of 45 feet or more.

(c) The minimum tread width is 18 inches or less for a distance of at least 20 feet.

(d) A trail obstacle of at least 30 inches (770 mm) in height extends across the full width of the trail.

The rationale for this general exception is that certain natural conditions or limiting factors can present extreme environmental barriers to many people with disabilities, making independent access across or beyond that point on the trail very difficult or impossible. Further, it may not be possible to remove or otherwise design around these limiting factors because one or more conditions for departure exist. Independent access is one of the driving principles of the FSTAG, as well as the work of the Reg Neg Committee.

To incorporate accessibility where it would have the most impact, be feasible, and provide a meaningful hiking opportunity, the Forest Service and the Reg Neg Committee determined that the distance between the trail terminus and the limiting factor had to be over 500 feet for section 7.3 to apply. If the segment between the trail terminus and limiting factor were 500 feet or less in length, section 7.3 would not apply.

However, to maximize accessible hiking opportunities, if a prominent feature is located between the trail terminus and limiting factor and is less than 500 feet from the trail terminus, section 7.3 would apply up to the prominent feature. Even if a prominent feature is close to the trail terminus, being able to experience the prominent feature would provide a meaningful, albeit short, accessible hiking opportunity.

A prominent feature is a natural, cultural, or historic feature located along or adjacent to a trail that is determined by the trail designer or manager to have national, regional, or local distinction or significance. It may be the focal point, main attraction, or destination of the trail or it may simply be an interesting secondary feature. Examples include but are not limited to boulder outcrops, waterfalls, groupings of old or unique trees or other vegetation, vistas that may not be part of a developed overlook, and cultural or historic structures.

Section 7.1.2.2 General Exception 2 The second general exception provides that where one or more conditions for departure exist that result in deviations from the technical provisions for over 15% of the length of a trail, section 7.3 applies only to the trail segment between the trail terminus and the first point of deviation, if that segment is more than 500 feet long. If the trail segment between the trail terminus and first point of deviation is 500 feet or less in length, section 7.3 does not apply to the trail. However, if a prominent feature is located between the trail terminus and first point of deviation and is 500 feet or less from the trail terminus, section 7.3 applies up to the prominent feature.

Under this exception, the 15% figure is calculated by adding up the length of trail impacted by each deviation. For example, a new 1-mile trail is being designed, and the slope provision cannot be met because conditions for departure apply in different sections of the trail for a total length of 400 feet. Likewise, the width provision cannot be met for a total of 250 feet. The trail manager keeps a running tally of the length of all deviations. Once the total deviations equal 792 feet (15% of 1 mile), section 7.3 applies only to the segment between the trail terminus and the first point of deviation, if that segment is more than 500 feet long. If the segment is 500 feet or less in length, section 7.3 does not apply to that segment unless there is a prominent feature between the trail terminus and first point of deviation.

For long-distance trails, such as National Forest System trails that span multiple districts or Forests, the Continental Divide National Scenic Trail, the Appalachian Trail, and the North Country Trail, the second general exception applies to the trail segments that are planned for construction or alteration within a given planning period, rather than over the entire length of the trail. Multiple segments that are not connected but are covered by the same planning process should be treated separately. Planning periods will vary considerably, as will the length of segments, based on the situations and entities involved. For example, if a trail manager or association typically plans trail work over 2 to 5 years, the second general exception applies to the total number of miles of trail that are constructed or altered during that period.

Section 7.1.3 Documentation Often when trail managers leave their positions, they take with them the institutional knowledge and memory for a particular project. Therefore, documentation is being required for any construction or alteration of a trail that is designed for hiker/pedestrian use if a decision is made not to make the trail accessible.

If a determination is made that the FSTAG does not apply to an entire trail or cannot be met on portions of a trail, a brief document must be drafted and retained in the project file enumerating the rationale for that determination, which conditions for departure and exceptions apply, the date of the determination, and the name of the individuals who made the determination.

There is no standard format for this documentation; each unit may develop its own format to meet its specific needs. The documentation need not be lengthy; one page should be sufficient. The documentation will show that applicability of the FSTAG was considered at the onset of the project and that a good-faith effort was made to consider accessibility.

7.3 TECHNICAL PROVISIONS

Section 7.3.1 addresses both trail grade and cross slope. An exception permits deviation from the trail grade and cross slope provisions where one or more conditions for departure (section 7.1.1) exist.

Section 7.3.1.1 requires that trails comply with one or more of four separate provisions for trail grade: up to 1:20 (5%), up to 1:12 (8.33%), up to 1:10 (10%), and up to 1:8 (12%). Resting intervals of specified length are required when trail grades exceed 1:20 (5%). No more than 30% of the total trail length may exceed a trail grade of 1:12 (8.33%).

In addition, section 7.3.1.1 addresses the trail grade of drain dips. .To ensure proper drainage, a trail grade of up to 1:7 (14%) is permitted into and out of a drain dip where the cross slope does not exceed 1:20 (5%).

Because the terrain in outdoor environments is often steep, applying current slope and ramp requirements in the ABAAS is not reasonable. The Reg Neg Committee’s draft guidelines and the FSTAG differ from the ABAAS in that handrails are not required on trails. Handrails are impractical in the outdoor environment. In addition, steeper grades on trails are usually contiguous with the surrounding terrain, rather than elevated above it, as is a ramp to a building. Instead, in the Reg Neg Committee’s draft guidelines and the FSTAG, the length of steep trail segments has been limited, and resting intervals are required. The trail grades and maximum distances in the Reg Neg Committee’s draft guidelines and the FSTAG strike a balance between accessibility and the constraints imposed by natural topography.

Section 7.3.1.2 requires that the cross slope of trail segments not exceed 1:20 (5%). Cross slope, or the side-to-side slope of a trail, can be difficult to traverse. At the same time, trails need to be designed to provide sufficient drainage to prevent accumulation of water and water damage to a trail. Non-paved surfaces generally require a steeper cross slope than paved surfaces Section 7.3.1.2.1 addresses drain dips, permitting a cross slope of 1:10 (10%) at the bottom of the drain dip where the clear tread width is at least 42 inches.

Section 7.3.2…