 Undefined standards
 Too costly
 Too few disabled users
 Increased liability
 Site impacts
Encourages a comprehensive and integrated
view of people (with and without disabilities).
UD considers anthropometrics, spatial
requirements, and other needs of people
with disabilities and accommodates these
needs in a fashion that also addresses the
abilities and needs of the able-bodied
population, incorporating features designed
to accommodate both groups.
Universal – doesn’t refer to all trails
Universal – doesn’t refer to the broadest
spectrum of human uses, but rather, the
broadest spectrum of human abilities
A common sense approach to accessibility that:
 Minimizes physical and social barriers for visitors
with disabilities
 Minimizes creation of aesthetic barriers or
detractors
 Facilitates connections with nature for all users
 Preserves and protects the integrity of the resource
50 + Million Americans have some level of disability
Conservatively – (20 %) of the population – @ ½ of those
have severe disabilities; however, 85% of all disabilities
are not obvious
Only @ 8 million of the nearly 30 million people with
mobility impairments use wheelchairs, walkers, canes or
other assistive devices
 Ambulatory – (6.9 %)
 Independent Living – (5.5 %)
 Cognitive – (4.8 %)
 Hearing – (3.5 %)
 Visual – (2.3 %)
Disabilities associated with extremes of size & weight,
shortness of breath, lack of stamina, etc.
AND THEN …
Factor in friends,
families, and loved
ones of individuals
with disabilities …
and you easily have
somewhere
between 1/3 and ½
the population of
America whose
choice of activities
is limited by
accessibility issues.
AND THEN
SOME …
The Great Outdoors
is for everyone.
Universal Design
allows us to make it
accessible to the
broadest possible
range of individuals,
regardless of the type
or extent of their
disabilities.
 1918 – Smith-Sears Veteran’s Rehabilitation Act
 1959 – Tentative Guide: Facilities in Public Buildings for
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Persons With Ambulatory Impairments, (York)
1968 – Architectural Barriers Act
1970 – The Urban Mass Transit Act
1973 – Rehabilitation Act
1990 – Americans With Disabilities Act
1997 – Regulatory Negotiation Committee on Outdoor
Recreation Developed Areas
2004 – ADA-ABA Accessibility Guidelines
2007 – Access Board Notice of Proposed Rulemaking
FINAL ACCESSIBILITY GUIDELINES FOR OUTDOOR DEVELOPED AREAS
– The Access Board
Covers requirements for:
 Camping facilities
 Picnic facilities
 Viewing areas
 Access routes
 Beach access
 Trails
PLUS all elements contained within those facilities
(drinking fountains, parking areas, restrooms, play areas, boating facilities,
fishing platforms, etc)
 All federal land management agencies
 State or local government entities
 Private entities
 Non-profit organizations
(that design, construct, or alter any facilities on federal
lands intended for public use) AND, under ADA Title II &
III , all other “public accommodations “ that include
trails open to the public on privately or commercially
managed lands
Exceptions to specific technical provisions are
permitted where certain conditions exist:
 Routine maintenance or repair to existing facilities
 Compliance is not feasible due to terrain
 Compliance cannot be accomplished with prevailing
construction practices
 Compliance would fundamentally alter the function or
purpose of the facility or setting
 Compliance is precluded by: ESA, NEPA, NHPA,
Wilderness Act, etc
 Determine what portions of trail cannot fully comply
 Document the basis for determinations and maintain
records for the project
 All portions must comply to the maximum extent
feasible
 Determine if it is impracticable for entire trail to comply
 Federal agencies are required to notify the Access Board
when exempting an entire trail *
The Access Board has the legal authority to
require a trail to be rebuilt if a complaint is
filed by any member of the public as to a lack
of accessibility on the trail … if it (the Board)
determines the trail is not compliant with the
Guidelines. The Board will decide if the trail
designer/builder’s decision to not make the
entire trail comply with guidelines was or was
not “reasonable” … based only on their
judgement.
WHEELCHAIR
ACCOMMODATIONS
AS BASELINE FOR
ACCESSIBILITY
• Surface material
• Sustained running
slope
• Maximum slope
• Cross slope
• Clear width
• Tread obstacles
• Edge protection
• Passing/resting space
intervals
New DOJ ruling adopts a two-tiered
approach to mobility devices, drawing
distinctions between wheelchairs and
“other power-driven mobility devices”
to be allowed for use on trails by
individuals with mobility disabilities.
So, what the heck is an OPDMD?
“any mobility device powered by batteries, fuel, or
other engines – whether or not designed primarily
for use by individuals with mobility disabilities –
that is used by individuals with mobility disabilities
for the purpose of locomotion …”
In short, anything with a motor that can be driven,
regardless of size or horsepower, if it is driven by a
person who has a mobility related disability …
including:
Anyone who can provide “credible assurance” that
the OPDMD is required because of the person’s
disability
“CREDIBLE ASSURANCE” can be a valid, state-issued
disability parking placard or card, or other stateissued proof of disability … or … lacking any of
those, the person may simply say the OPDMD is
being used for a mobility disability
Every entity open to the public must make reasonable
modifications in its policies, practices, or procedures to
allow the use of OPDMDs by individuals with mobility
disabilities, UNLESS: that entity can document
that it has completed an assessment of the
facility, trail, route, or area, BEFORE the
person requesting use of the device arrived
onsite, and determined that class of OPDMD
could not be used at that location due to one
or more DOJ assessment factors
 The type, size, weight, dimensions, & speed of the
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device
The volume of pedestrian traffic
The design & operational characteristics of the facility
Whether legitimate safety requirements can be
established to permit the safe operation of the device
Whether the use of the device creates a substantial risk
of serious harm to the immediate environment or
natural or cultural resources, or poses a conflict with
Federal land management laws and regulations
 Assess and determine which OPDMDs are permitted or
excluded from your site
 Clearly state the circumstances under which the devices
are permitted or excluded
 Provide clear, concise statements of specific rules
governing the operation of such devices
 Provide public notice of policies regarding use of
OPDMDs and what rules apply to the operation of those
devices
 US Architectural and Transportation Barriers Compliance
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www.access-board.gov
Dept of Justice
www.ada.gov
American Trails
www.AmericanTrails.org
Beneficial Designs
www.beneficialdesigns.com
Steve Kirkindall, Ph.D.
mskphd@yahoo.com