National Park Service Recognizes Legitimacy of Off-Leash Recreation
In a letter dated October 15, 2009, Michael D. Wilson, Chief, State and Local Assistance Programs, National Park Service, Unites States Departement of the Interior, writes
dog parks are a use for which there is a growing demand at public outdoor recreation facilities and can, in and of themselves, be construed as a form of recreation for dog owners.
The letter, released by the Newton Dogs Off-Leash Advisory Committee, is addressed to Peter F. Harrington, Harrington & Harrington, in response to his argument that the off-leash recreational area at Cold Spring Park in Newton was a violation of the Land and Water Conservation Fund (LWCF) Act and that the approval of the US Secretary of the Interior was required to change the use of the park to something “other than public outdoor recreation uses”.
Harrington claimed that the city took money from the federal government to develop the land for specific uses and that off-leash recreation is not one of those specific uses.
In its response to Harrington the National Parks Service (NPS) explains the federal, state and local roles in the management of LCWF-funded parks. Accordingly, the NPS cc'd Ian Bowles, Secretary, Executive Office of Energy and Environmental Affairs (EOEEA), Commonwealth of Massachusetts, and asked him to address "the status of the dog park experiment and [Harrington's] clients concerns with the city of Newton."
In a letter dated October 26, 2009, Melissa Cryan, Land and Water Conservation Fund Coordinator, EOEEA, replied to the National Park Service saying that she found that "the city is not in violation of its agreement with the National Park Service." "As a side note," she concluded,
the park was found to be in good condition, with the trails well maintained and the main entrance a welcoming place for the park's visitors.
I am greatly pleased that the US Secretary of the Interior does not interfere with the ability of cities and towns to make decisions about how local parkland can best serve citizens' recreational needs. I am delighted that NPS has made an official statement acknowledging that enjoying the benefits of socializing and exercising our dogs off-leash is a legitimate recreational use of public open space!
Harrington appeared on WGBH Greater Boston to promote his claim, refuted by the NPS in a letter dated October 15, that an off-leash recreational area at Cold Spring Park in Newton was a violation of Land and Water Conservation Fund (LWCF) Act.