Getting outdoors is good for our health and wellbeing regardless of where we live, our age and social or economic status. One of our goals at The Nature Conservancy is to help connect people with nature. We want to make it possible for as many people as possible to visit our preserves and have an enjoyable time there.
The Americans With Disabilities Act (ADA) regulations address the use of wheelchairs and “Other Power-Driven Mobility Devices” (“OPDMDs) by persons with mobility disabilities. These rules apply to “public accommodations,” which include TNC properties that are open to the public. The regulations provide that with regard to “public accommodations,” persons with mobility disabilities are entitled to:
- Use wheelchairs and manually powered mobility aids (canes, walkers, etc.) in areas that are open to pedestrian use. A “Wheelchair” includes a manually operated device or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or both indoor or outdoor locomotion.
- Use OPDMDs if the landowner can make “reasonable modifications to its practices to accommodate them.”
Where OPDMDs are permitted, they must adhere to the following restrictions:
- Be no wider than the path or trail surface, or 36 inches, whichever is less.
- Be able to accommodate the safe passage of other trail users around and alongside the OPDMD.
- Weigh no more than 250 pounds.
- Have low-pressure tires that are not “knobby” (which disturb soil and carry debris).
- Only electric OPDMDs permitted; gasoline and other fuel-powered devices are prohibited.
OPDMD Operator Rules
- Before using an OPDMD on TNC property, remove mud or other material that might inadvertently transport invasive weed seeds to the preserve.
- Unless you are a permitted hunter, stay on designated trails and pathways at all times.
- Travel at a pace no faster than a person can walk (approx. 4 miles per hour).
- Yield to pedestrians.
- Operate the device in a safe and responsible manner considering trail conditions, user volume, weather conditions and other applicable factors.
- Avoid using OPDMDs on trails when the ground is soft, wet, or muddy to prevent damage to the trail.
- Do not carry another person or object that would cause the OPDMD to tip or become unstable or cause harm to the driver or others on the trail.
- Follow the manufacturer’s recommendations, using the device only for activities for which it is designed.
- Meet all legal requirements for operating their specific device including but not limited to, safety gear, age requirements and registrations.
Proceed with Caution
- TNC preserves have visitation guidelines about use and visitation, which must be adhered to. We encourage all visitors to seek preserve-specific information on the web prior to visiting.
- Individuals accompanying a person with a mobility disability who do not themselves have a mobility disability are not permitted to use an OPDMD.
- TNC does not accept liability for damage to OPDMDs or injury to the operator, whether caused by the operator, another visitor to the property, or any other circumstance.
- TNC does not accept responsibility for the storage of OPDMDs.
- TNC does not accept liability for damage caused by the operator of the OPDMD or injury to others caused by the operator of such a device.
- TNC reserves the right to suspend the use of OPDMDs or change, modify or amend its OPDMD policies at any time.
- TNC does not represent that the TNC property is safe for use by an OPDMD. Certain risks are inherent in the use of natural areas, including rough surfaces and features such as snow, mud, vegetation, tree roots, and water crossings; all users must exercise reasonable care and judgment.
Credible Assurance of a Mobility Disability on TNC Property
A person using an OPDMD on TNC property may be asked to provide TNC with credible assurance that the OPDMD is required because of the person’s disability. TNC will accept the presentation of a valid, state-issued, disability parking placard or card, or other state-issued proof of disability as a credible assurance that the use of the OPDMD is for the person’s mobility disability.
A “valid” disability placard or card is one that is presented by the person to whom it was issued and is otherwise in compliance with the State of issuance’s requirements for disability placards or cards. In lieu of such evidence, TNC shall accept as a credible assurance a verbal representation, not contradicted by observable fact, that the OPDMD is being used for a mobility disability.
OPDMD Assessment by Property
An assessment has been completed for the following TNC properties in accordance with the ADA regulations. Based on the assessments, the use of OPDMDs on these properties is described below:
OPDMDs permitted with restrictions described above
- Big Walnut
- Chelsea Flatwoods
- Conrad Station Savanna (at Kankakee Sands)
- Douglas Woods
- Fern Cliff
- Gantz Woods
- Heart of Calumet: Grand Calumet River Conservation Area
- Green’s Bluff
- Limestone Glades of Harrison County
- Hitz-Rhodehamel Woods
- Kankakee Sands
- Oppenheim Woods
- Pennywort Cliffs
- Prairie Border
- Twin Creek Valley
- Wallow Hollow Woods
OPDMDs are prohibited
- Cedar Bluffs
- Heart of Calumet: Ivanhoe Dune and Swale
- NIPSCO Savanna
- Ober Sand Savanna
- Plaster Creek Seeps
- Saunders Woods
- Spinn Prairie
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