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Part 193: Trees and Plants - Page 1

(Statutory authority: Environmental Conservation Law, § 3-0301, 9-0105, 9-1503)

[page 1 of 3] Pages in this Part: §193.1 to §193.2
[page 2 of 3] Pages in this Part: §193.3
[page 3 of 3] Pages in this Part: §193.4 to §193.8

Contents:

Sec.

§193.1 Nurseries and planting stock

a. The department may sell to owners of private land, or managers of public land, planting stock from nurseries which it operates.

b. Reforestation, for the purposes of this Part, is the action of renewing forest cover by planting seeds or young trees.

c. Planting stock shall be sold at a price determined by the department which shall not exceed the cost of production of such stock.

d. The department may refuse to sell planting stock to persons who have not complied with the provisions of this section.

e. Persons who purchase planting stock for their own use shall:

1. be the owner or co-owner of land meeting the requirements of paragraph (4) of this subdivision or the legal agent of such owner or co-owner; and

2. plant such stock only on such land;

3. provide transportation and pay all transportation charges to point of delivery;

4. plant such stock within the State of New York, on open land and, except in the case of wildlife shrubs, in a block of not less than one acre, for conservation purposes;

5. take necessary measures to protect the plantings from fire, grazing and other avoidable damage; and

6. report the condition of the plantings to the department on request and permit representatives of the department to inspect such plantings during reasonable hours.

f. Persons who purchase planting stock for their own use shall not:

1. plant such stock for ornamental or landscaping purposes;

2. dig up such stock or remove them with their roots attached for any purpose except to move them from a transplant bed to the planting site; or

3. sell, barter, give or otherwise transfer such stock to any other person or abandon or discard such stock.

g. The department may distribute seedlings from State-operated nurseries to schools at no charge. For the purposes of this subdivision, schools are defined as colleges or universities and elementary or secondary schools operated by a school district chartered by or under the supervision of the Regents. The school must complete an application form provided by the department, which includes the following agreement:

1. The seedlings shall be planted for the purpose of encouraging environmental awareness and conservation education. The seedlings shall not be planted for ornamental or landscaping purposes.

2. After planting, the seedlings shall not be dug up or removed with the roots attached for any purpose except to move them from a transplant bed to the planting site.

3. The student body shall be informed of the proper practices for the care of the seedlings before, during and after planting.

4. The department reserves the right to deny future application by the school for seedlings if the terms of the agreement are violated.

h. The department may distribute or sell planting stock from state-operated nurseries to individuals, organizations, governmental agencies or businesses for their use in programs, events or actions that enhance the environment. The purchaser or recipient of the planting stock must complete an application form provided by the department, which includes the following agreement:

1. The planting stock shall be distributed without charge for the purpose of encouraging environmental awareness. The planting stock shall not be planted for ornamental or landscaping purposes.

2. The recipient shall be given reasonable insturctions in the care and nurturing of the planting stock.

3. Proper and reasonable care shall be given to the planting stock prior to and during its distribution to avoid unnecessary damage to it.

4. The department reserves the right to deny future application by the individual, organization, governmental agency or business for planting stock if the terms of the agreement are violated.

i. The department may distribute or sell planting stock from state-operated nurseries to other states and governmental agencies for resale for conservation purposes. The recipient of the planting stock must complete an application form provided by the department, which includes the following agreement:

1. The planting stock shall be distributed or sold with reasonable instructions for its care prior to, during and after planting.

2. The planting stock shall not be distributed or sold for ornamental or landscaping purposes.

3. Transportation of the planting stock shall be provided by and all related charges shall be paid for by the applicant to the point of delivery.

4.The department shall not be held accountable for any planting stock.

5. The department reserves the right to deny future application by a state or governmental agency for planting stock if the terms of the agreement are violated.

§193.2 Protected trees

The following trees, by reason of their rarity, uniqueness, scarcity or endangered status, shall be protected pursuant to section 9-1503 of the Environmental Conservation Law: Balmville Tree (eastern cottonwood x carolina poplar) located at the intersection of River Road, Balmville Road and Grand Avenue in the unincorporated community of Balmville, Town of Newburgh, Orange County.