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Part 190: Use Of State Lands - Page 3

(Statutory authority: Part filed April 28, 1972 eff. May 1, 1972.)

Page 1(190.0-190.9) Page 2 (190.10-190.13) Page 3 (190.23-190.35)

Contents:

Sec.

• 190.23 Belleayre Mtn. Ski Center, Gore Mtn. Ski Center, Whiteface Mtn. Ski Center.
• 190.24 Boat launching sites
• 190.25 Zoar Valley Multiple Use Area
• 190.26 (Reserved)
• 190.27 Lake George Recreational Zone
• 190.28 Foot trail easements--Adirondack Mountain Reserve
• 190.29 Olympic area special regulations
• 190.30 Otter Creek State Forest (Lewis Reforestation Area 34) and Sand Bay State Forest (Lewis Reforestation Area 42)
• 190.31 Bog River Flow Area
• 190.33 William C. Whitney Area
• 190.34 Stewart State Forest
• 190.35 Severability

§190.23 Belleayre Mtn. Ski Center, Gore Mtn. Ski Center, Whiteface Mtn. Ski Center.

a. No person shall attempt to use any lift or tow at the ski centers or indulge in reckless skiing in a manner that might endanger himself or others.

b. No motor vehicle shall be operated at a speed in excess of 30 miles per hour on any road or parking area, nor shall any vehicle of any kind be allowed to park or stand on any road shoulder except when so directed by an attendant.

c. No person shall sell or offer for sale any article or commodity without written permission from the department, nor shall any person furnish another with instruction in skiing for hire without permission of the superintendent of the ski center.

d. Firearms and bows and arrows may be possessed and discharged on the ski center during the fall hunting season only, except that no firearms or bows and arrows shall be possessed within 1,000 feet of any road, parking area, lift, tow, building or other facility; nor shall any person possess fireworks of any nature within said area at any time.

e. Fires for cooking, smudge or picnic purposes will be permitted only in the fireplaces provided, and all garbage and other waste materials must be deposited in the receptacles provided for that purpose.

f. Dogs or cats are not permitted in the ski centers' area, except in the parking fields where they must be confined to vehicles or kept on leash. Other animals are not permitted anywhere in the area. Proof of a valid and current rabies inoculation is required for dogs.

g. The Belleayre Mountain Ski Center contains 2,211 acres of State-owned forest preserve lands on Belleayre Mountain, lying and situated in the Town of Shandaken, Ulster County, NY, being more particularly bounded and described in a document on file at the offices of the Belleayre Mountain Ski Center, the regional headquarters at New Paltz and the Department of Environmental Conservation headquarters at Albany.

h. The commissioner, pursuant to ECL 9-0903, will annually set the fees for the use of Belleayre Mountain Ski Center. The fee for any season ticket shall not exceed 30 times the cost of the highest valued daily ski lift ticked in effect for the season.

§190.24 Boat launching sites

a. No person shall use any boat launching site or any adjacent waters within 100 feet from the shore of a boat launching or ramp area for any purpose other than hauling, launching or loading of boats.

b. No person shall moor, dock, beach, leave, abandon or park any boat, auto trailer, float, raft or vehicle of any type for more than 24 hours at any boat launching site, and no vehicle except one used in loading and unloading or launching a boat shall be left or parked within such an area at any time.

c. No person shall erect or maintain a camp, tent or structure of any kind at a boat launching site.

d. No person shall conduct any business, buy, sell, offer or expose for sale, hire, lease or vend any article or merchandise of any kind at a boat launching site.

e. No person shall kindle, build, maintain or use a fire, except in an area approved for that purpose.

f. No person shall erect of post any sign or notice, except as permitted by the department.

g. No person shall dispose of any garbage, sewage, metal or glass containers, refuse, waste, fruit, vegetable, foodstuffs, paper or other litter, except in receptacles when provided for such purposes.

h. No person shall injure, deface, disturb or befoul any part of an area or building, sign, equipment or other property found thereon, nor shall any tree, flower, fern, shrub, rock or other plant or mineral be remover, injured or destroyed.

i. No person shall use threatening, abusive or insulting language; perform any obscene or indecent act; throw stones or other missiles; interfere with, encumber, obstruct or render dangerous any drive, path, dock, beach or public place; do any act tending to or amounting to a breach of the peace; enter or leave, except at established entrances or exits; engage in, instigate, aid or encourage a contention or fight; or assault any person.

j. No person shall at any time fail to comply with the reasonable demand or directions of any authorized person in using access roads, parking areas or launching sites, or fail to comply with directions of signs.

§190.25 Zoar Valley Multiple Use Area

a. Description. For purposes of this section, Zoar Valley Multiple Use Area means all those State lands lying and situated in the towns of Otto and Persia, Cattaraugus County, and the town of Collins, Erie County, including a five-mile segment of Cattaraugus Creek and a two-mile segment of the south branch of Cattaraugus Creek, and being the same lands as more particularly described in several deeds conveying said lands to the People of the State of New York, on file in the Department of Environmental Conservation, Albany, NY, and duly recorded in the office of the county clerk of the county of Cattaraugus and the office of the county clerk of the county of Erie, respectively. Said Zoar Valley Multiple Use Area shall be hereinafter referred to in this section as "area."

b. The area shall be closed to any and all public use of any kind between the hours of sunset and sunrise.

c. Motor vehicles, including snowmobiles but not limited thereto, are prohibited from operating in or on the area, except on town or county roads therein, or as permitted on roads and parking areas designated and marked for motor vehicle use by the commissioner.

d. No person shall park any motor vehicle, including self-propelled and nonself-propelled vehicles, except on and within areas designated and marked as such parking areas by the commissioner.

e. No person, other than employees of the department, State Police and police officers, shall possess, carry, discharge or use firearms, ammunition, explosives or explosive substances or fireworks on the area, except that during the small game and big game hunting seasons, provided for by law, firearms and bows and arrows may be possessed and discharged.

f. Fires shall be permitted for cooking, warmth or smudge, provided that and only under such conditions that:

1. no fires shall be lit until all flammable material within three feet or more of the fire, as is necessary to prevent its spread, has been removed;

2. no fire shall be left unattended until extinguished; and

3. all lighted matches, cigars, cigarettes or burning tobacco must be extinguished or deposited where they will not cause fire; and no wood, except from dead and down trees or from supplies furnished by the department, shall be used for fuel.

g. No person shall deposit in or on any part of the area any garbage, sewage, refuse, waste or other obnoxious material otherwise than in receptacles provided for such purposes.

h. No person shall throw, cast, lay, deposit or discharge into or leave in any waters flowing within or standing on said area, any substance, matter or thing, liquid or solid, which may or shall result in the pollution of said waters.

i. No person shall bathe, swim or wade in any of the waters flowing or standing through or on the area.

j. No camp, tent, trailer, shelter, lean-to or structure of any kind shall be erected or maintained within the area.

k. No person shall injure, deface, disturb, steal, molest or befoul any part of the area or building, spring, well, sign equipment or other structure or property found therein; nor shall any tree, flower, fern, shrub, grass, rock or other mineral, or any part thereof, be removed, injured or destroyed.

l. No person shall: disobey an order of a ranger, member of the State Police or any other police officer, or refuse to obey a lawful order given by an employee of the department authorized to give orders and identified by a uniform, badge or other identification; or disobey the directions of any departmental sign; use threatening, abusive, insulting language; do any obscene or indecent acts; throw stones or other missiles; annoy persons, interfere with, encumber, obstruct or render dangerous any drive, spring, well path, walk or public place; do any act tending to or amounting to a breach of peace; engage in, instigate, aid or encourage a contention or fight; or assault any person.

m. No person shall erect a sign, notice or poster at any place within the area without a permit therefor; nor shall any musical instrument, radio, talking machine or drum be operated or any noise be made for the purpose of attracting attention to any exhibition of any kind.

n. No person shall erect any structure, stand or platform, hold any meeting, perform any ceremony, make a speech, address or harangue, exhibit or distribute any sign, placard, notice, declaration or appeal of any kind or description; or being in or on a vehicle, race with another vehicle, whether such race be founded on any stake, bet or otherwise; except by permit.

o. No parade, drill or maneuver of any kind shall be conducted, nor shall any procession form for parade or proceed on the area without a permit therefor.

§190.26 (Reserved)

§190.27 Lake George Recreational Zone

The State-owned islands, the bed of Lake George, the State-owned shoreline to a point 1,000 feet back from the mean high-water mark, and the waters of Lake George, exclusive of Hearthstone Point, Rogers Rock, Lake George Battleground campsites, Lake George Battlefield Park, Lake George Beach Park and all private lands, are hereby designated the Lake George Recreational Zone.

§190.28 Foot trail easements--Adirondack Mountain Reserve

a. Application. This section applies to foot trail easements granted by the Adirondack Mountain Reserve to the State of New York by deed dated June 12, 1978, Book 660, Page 197, filed in the Essex County Clerk's Office at Elizabethtown, NY.

b. Trails. For the purpose of this section, foot travel by the general public is permitted on the following trails which are located on the property of the Adirondack Mountain Reserve, subject to the terms of the foot trail easement and the prohibitions hereinafter set forth:

1. trail to Mounts Marcy and Haystack from the northeast end of the Upper Ausable Lake;

2. trail to Sawteeth Mountain (sometimes spelled Sawtooth) from the northeast end of the Upper Ausable Lake;

3. the Carry Trail between the Lower and Upper Ausable Lakes;

4. the Stowe Memorial Trail;

5. the so-called "Scenic Trail" up Sawteeth (Sawtooth) Mountain from the northeast end of the Lower Ausable Lake;

6. the Alfred Weld Trail to the summit of Gothics Mountain from the northeast end of the Lower Ausable Lake, including a short spur trail to the foot of Rainbow Falls;

7. the Lost Lookout Trail;

8. the trail to Gothics Mountain summit from the Lake Road near the 1638-foot bench mark. This trail crosses the East and West River Trails;

9. the Wedge Brook Trail from the West River Trail to the summits of Lower and Upper Wolfjaw Mountains;

10. the West River Trail from the Lake Road near the Ausable Club clubhouse to the Lower Ausable Lake;

11. the East River Trail from the Lake Road near the Ausable Club clubhouse to the Lower Ausable Lake;

12. the trail network known as Cathedral Rocks and Bear Run, including a spur trail to a lookout on the flank of Lower Wolfjaw Mountain;

13. the trail from the start of the Lake Road to Snow and Roostercomb Mountains, and to the summit of Lower Wolfjaw Mountain via the W.A. White Trail;

14. the circuit trail known as "The Ladies' Mile";

15. the trail leading to the summits of Noonmark and Dix Mountains. The northern approach to Noonmark is known as the Henry L. Stimson Trail. The southern approach is known as the Felix Adler Trail;

16. the Henry Goddard Leach Trail over Bear Den and Dial Mountains to the summit of Nippletop Mountain;

17. the Gill Brook Trail from the Lake Road to the summits of Indian Head, Colvin and Nippletop Mountains;

18. a spur trail to No. 17 from 1927 foot bench mark on the Lake Road;

19. a trail from the Gill Brook Trail to the summit of Indian Head Mountain;

20. a trail from the northeast end of the Lower Ausable Lake to the summit of Indian Head;

21. the trail from the summit of Indian Head to the Gill Brook Trail via Fish Hawk Cliffs;

22. the trail from the southwest end of the Lower Ausable Lake to the summits of Colvin and Blake Mountains;

23. proposed cutoff trail to be built from junction of Crystal Brook Trail and trail to Marcy and Haystack from the northeast end of Upper Ausable Lake to Elk Lake-March Trail; and

24. the Lake Road extending from the clubhouse of the Ausable Club to the Lower Ausable Lake.

c. Prohibitions.

1. No person shall enter upon trails 1 through 24 located on the Adirondack Mountain Reserve for purposes other than access to and egress from adjacent State-owned lands or hiking on these trails.

2. No person shall carry firearms on Adirondack Mountain Reserve foot trail easements except at such times and on such trails as are hereinafter specified.

3. No person shall carry a firearm or be accompanied by a person carrying a firearm under any circumstances when using Trails 2, 4, 5, 7, 11, 12, 13, 14, 15, 18, 19, 20 and 21.

4. No person shall carry a firearm or be accompanied by a person carrying a firearm when using Trail 1, 3, 6, 8, 9, 10, 16, 17, 22, 23 or 24 except during such part of the annual Big Game and Small Game Seasons in the Northern Zone as shall occur from October 15th through December 15th and from January 15th through March 15th.

5. No person shall carry a firearm when otherwise permitted unless said firearm is unloaded and either securely fastened in a case or taken down as defined in section 180.3 of this Title.

§190.29 Olympic area special regulations

a. No person shall camp on lands under the jurisdiction of the Department of Environmental Conservation in Olympic Zone I lying within an 8.75-mile radius from the Lake Placid airport off New York Route 86, from February 1 to March 1, 1980. Zone I encompasses Lake Placid, Ray Brook and the Olympic event sites. The exact boundaries are DSP control check points; Hulls Falls Road and Route 73 intersection in Keene, Fox Farm Road and Route 86 south of Wilmington, and the intersection of the railroad crossing with Route 86 west of Ray Brook.

b. No person shall, between February 1 and March 1, 1980, enter or remain unlawfully on State lands, under the jurisdiction of the Department of Environmental Conservation, at the Whiteface Mountain Ski Center, the Mt. Van Hoevenberg Recreation Area or the Whiteface Memorial Highway, inclusive of State lands described as follows:

1. Whiteface Mountain area. Beginning at the Whiteface Landing trailhead, following said trail to the abandoned telephone line and Whiteface Brook to the castle at the upper end of the Whiteface Memorial Highway, also known as State Route 431; then along said road in a northerly direction to State Route 86; then along Route 86 in a southwesterly direction to southerly boundary of the High Falls Gorge property; then westerly through Sunrise Notch to the Whiteface Mountain foot trail; and then to Whiteface Landing to the place of beginning. All lands described are situated in the Jay Tract and Whiteface Mountain Tract, town of Wilmington, and in the Whiteface Mountain Tract and Township 11, town of North Elba.

2. Mt. Van Hoevenberg. Starting at the intersection of Heart Lake Road and the South Meadows Road, northerly along the Heart Lake Road to where the State land boundary line crosses the Heart Lake Road; thence northerly along the State land boundary from its intersection with the Adirondack Loj Road to where it meets New York Route 73; thence easterly along Route 73 to the intersection with the Keene-North Elba town line, southerly along the Keene-North Elba town line to South Meadow Brook, easterly along South Meadow Brook to the Mr. Van ski trail, southeasterly along the Mr. Van ski trail to the Klondike Trail, westerly along the Klondike Trail and the South Meadows Road to the place of beginning at the Heart Lake Road.

c. No person shall, between February 1 and March 1, 1980, enter or remain upon the following trails:

1. in the town of North Elba, Essex County:

i. the Klondike Trail, from the junction of the Yard Mountain Trail to the South Meadows Road;

ii. the Mr. Van ski trail, from the Marcy Dam truck trail to the Mt. Van Hoevenberg Recreation Area;

iii. the Sawdust Trail, from the South Meadows Road to the Mt. Van Hoevenberg Recreation Area;

iii. the Cascade Mountain Trail, from Route 73 to the North Elba-Keene town line;

iv. the Pitchoff Mountain Trail, from Route 73 to the North Elba-Keene town line;

v. the Whiteface Mountain Trail, from Whiteface Landing to the North Elba-Wilmington town line; and

vi. the Connery Pond truck trail, from Connery Pond to Whiteface Mountain Trail;

2. in the town of Wilmington, Essex County:

i. the Whiteface Mountain Trail, from the North Elba-Wilmington town line over the summit of Whiteface Mountain and to Route 431;

3. in the town of Keene, Essex County:

i. the Pitchoff Mountain Trail, from Route 73 to the Keene-North Elba town line; and

ii. the Cascade-Porter Mountain Trail, from Airport Road over Blueberry Mountains, Porter Mountain and Cascade Mountain to the Keene-North Elba town line.

d. No person shall camp on lands under the jurisdiction of the Department of Environmental Conservation lying within the Olympic Zone II, described as connecting lines between Bloomingdale, AuSable Forks, Elizabethtown, exit 30 on Route 87 and point of intersection of Routes 3 and 30, known as Wawbeek Corners, without a permit from February 1 to March 1, 1980.

§190.30 Otter Creek State Forest (Lewis Reforestation Area 34) and Sand Bay State Forest (Lewis Reforestation Area 42)

Notwithstanding other provisions of law, the following provisions apply to Otter Creek State Forest and Sand Bay State Forest:

(a) Description.

(1) For the purposes of this section, Otter Creek State Forest means all those State lands lying and situated in the Town of Greig, Lewis County and being parts of Lots 56, 57, 78 and all of Lots 58, 59 and 60 as acquired from the Central New York Power Corporation under a deed on December 9, 1949; and all of Lot 41 as acquired from Wellington G. Snyder, Ivan Fenton and Ada Palmer under a deed recorded on July 1, 1959.

(2) For the purpose of this section, Sand Bay State Forest means all those State lands lying and situated in the Town of Diana, Lewis County, and being parts of lots 919 and 920 of Great Lot 4, as acquired from the United States of America through the Administrator of General Services by deed on August 19, 1964.

The following provisions apply to both Otter Creek State Forest and Sand Bay State Forests unless otherwise indicated:

(b) Camping.

(1) Camping must be at designated sites only.

(2) Camping must be limited to five consecutive nights except by permit during the northern zone big game hunting season.

(3) Camping is prohibited from 11:00 a.m. Tuesday until 11:00 a.m. Thursday except by permit at Otter Creek State Forest during the northern zone big game hunting season.

(4) Camping must be limited to six persons or to a single family group of the same household at each site.

(c) Day users must park at designated parking areas only.

(d) Fires are prohibited excepted for the purposes of warmth, cooking or smudge. Fires must be located in fire rings at the designated camping and day use sites.

(e) It is illegal to possess alcoholic beverages in glass containers or in containers with a capacity greater than seven gallons.

(f) Quiet must be observed between 10 p.m. and 7 a.m.

(g) Other general provisions of Part 190 relating to Sate Forests also apply to the Otter Creek State Forest and Sand Bay State Forests except wherein such provisions are inconsistent, then the provisions of this section apply.

§190.31 Bog River Flow Area

a. Description. For the purposes of this section, Bog River Flow Area means those forest preserve lands lying and situated in the Towns of Clifton, Colton and Piercefield, St. Lawrence County, the Town of Long Lake, Hamilton County and consisting of the State-owned lands within 150 feet horizontal distance from high water of Lows Lake (including Grass Pond), Hitchins Pond, and the Bog River lying westerly from Lows Lower Dam.

b. Public use of Pole Island, Gooseneck Island and Frying Pan Island, all situated in Lows Lake in the Town of Colton in St. Lawrence County is prohibited during the months of June, July and August.

c. Public use of Boones Landing, Moose Bay Landing and Virgin Timber Landing all situated on the south shore of Lows Lake in the Town of Long Lake in Hamilton County is prohibited during the months of June, July and August except by permit.

§190.33 William C. Whitney Area

a. Description. For the purposes of this section, William C. Whitney Area means those forest preserve lands situated in the town of Long Lake, Hamilton County, New York and being portions of Townships 23 and 36 of Totten and Crossfield's Purchase as acquired from Whitney Industries, LLC by deeds dated June 1, 1998. Included within this area is the 80± acre Headquarters Lot, being that triangular shaped parcel of land bounded on the north by County Route 10, on the east by the County Route 10A bridge over the watercourse known as the Bog Stream, and on the south by the shoreline of Little Tupper Lake. The Headquarters Lot includes the former Whitney Headquarters complex and the buildings associated therewith.

b. Within the William C. Whitney Area, it is unlawful for any person to:

1. Enter into or upon any road, trail, land, lake, pond, river, or stream with a mechanically propelled vessel, motor vehicle, snowmobile, chainsaw, or generator, except that:

i. motor vehicles are permitted within the 80± acre Headquarters parcel; and

ii. parties holding reserved contractual rights are not subject to this regulation with respect to certain limited uses of mechanically propelled vessels on Little Tupper Lake and certain limited motor vehicle access over "Burn Road." This exception applies only to the extent that such activities are in strict conformance with the terms of said contract provisions and the companion deed restrictions.

2. Alight on any road, trail, land, lake, pond, river or stream in an aircraft.

3. Park a motor vehicle anywhere except in designated parking areas.

4. Park a motor vehicle with a horse trailer anywhere except in parking areas designated for their use.

5. Camp anywhere except at an officially designated campsite marked by an official sign.

6. Camp in a group larger than eight people.

7. Build a fire anywhere except at a designated campsite in a fire ring provided by the Department.

8. Launch a boat anywhere except at an officially designated location marked by an official sign.

9. Trap within the Headquarters Lot.

10. Have an unleashed dog within the Headquarters Lot.

11. Fail to obey the special fishing regulations for the area contained in 6 NYCRR Subpart 10.3.

§190.34 Stewart State Forest

In addition to other applicable general provisions of this Part, the following requirements apply to Stewart State Forest. In the event of a conflict, these specific requirements will control.

(a) Description. For the purposes of this section, Stewart State Forest means all those state lands lying and situated in the Towns of New Windsor, Montgomery, Hamptonburgh and the Village of Maybrook in Orange County and consisting of the State-owned lands designated by the department as State Reforestation Area Orange #4, Stewart State Forest.

(b) No person shall operate or possess a mechanically propelled vessel other than an electric powered vessel on any water body on the property.

(c) No person shall possess or discharge a rifle or handgun on the property, with the exception of .22 caliber rimfire handguns.

(d) Camping is by permit only and limited to designated sites. The permit must be obtained prior to set-up. Camping is prohibited from the first day of the early bowhunting season in the Southern Zone to the last day of the late muzzleloading and bowhunting season in the Southern Zone.

(e) No person shall operate or possess a snowmobile except:

(1) on trails designated and marked by the department as a "Snowmobile Trail" and only when the trail is completely covered with snow and/or ice; and

(2) on frozen lakes and ponds when access to same may be gained by public highways lawfully designated for snowmobile use, or by trails designated and marked by the department as a "Snowmobile Trail".

(f) No person shall kindle, build, maintain or use a fire except by permit from the Department.

(g) No person shall operate a motor vehicle on the property, except:

(1) persons possessing a permit for such use from the Department; or

(2) licensed hunters and trappers entering the area between one hour before sunrise and one hour after sunset for the purpose of hunting or trapping from October 1 to December 31, except when unsafe conditions prohibit such access; or

(3) adults accompanying youth pheasant hunters participating in the statewide youth pheasant hunt.

(h) From October 1 to December 31:

(1) Any person hunting must park their motor vehicle in a designated parking area and only then if the parking quota for that parking area is not filled.

(2) Hunters shall hunt only on the same side of the road as their vehicles are parked.

(3) Crossing of roads while hunting is prohibited.

(4) No person shall hunt or trespass in areas posted as restricted areas, except as permitted by the Department.

(i) No person shall enter Stewart State Forest during the Regular Hunting Season for deer as provided by Environmental Conservation Law section 11-0907, except for licensed hunters and trappers for the purpose of hunting or trapping or by permit from the Department.

(j) No person shall enter Stewart State Forest during the first two days of the Regular Hunting Season for deer without obtaining a reservation from the Department prior to entrance.

§190.35 Severability

If a provision of this Part or its application to any person or circumstance is determined to be contrary to law by a court of competent jurisdiction, such determination shall not affect or impair the validity of the other provisions of this Part or the application to other persons and circumstances.