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Part 79: Public Use Of That Portion Of Lakeview Wildlife Management Area Designated As Natural Beach

[Adopted September 9, 2009]

Contents:

Sec.

§79.0 Applicability

The provisions of this Part, in conjunction with Part 51 - Public Use of State Wildlife Management Areas, apply to the barrier beach portion of the Lakeview Wildlife Management Area and Black Pond Wildlife Management Area in Jefferson County. These areas are described as follows:

(a) Lakeview barrier beach. That tract of land comprising a barrier beach approximately 4.5 miles long, bounded by a continuous line extending from a point at the southwest corner of lands of Southwick Beach State Park, southerly along the mean low water level of Lake Ontario to the northwest corner of lands now or formerly owned by J.T. Robey; thence N88º44'E along the boundary of said lands of J.T. Robey 409.76 feet to a point, and continuing N88º44'E approximately 250 feet to the westerly edge of Lakeview Marsh; thence northerly along the edge of Lakeview Marsh to the south boundary of Southwick Beach State Park; thence N86º34'W along said Southwick Beach State Park boundary 450 +/- feet to the point of beginning.

(b) Black Pond barrier beach. That tract of land comprising a barrier beach approximately 4250 +/- feet, bounded by a continuous line extending from a point at the southwest corner of lands of The Nature Conservancy, southerly along the mean low water level of Lake Ontario to the northwestern corner of cottage lots known as North Jefferson Park; thence N87º56'50"E approximately 330 feet along the north boundary of said North Jefferson Park to the northeast corner of said lands; thence continuing N87º56'50"E approximately 200 feet to the edge of the Black Pond wetlands; thence northerly along the edge of said Black Pond wetlands to the south boundary of The Nature Conservancy; thence westerly along The Nature Conservancy south boundary to the point of beginning.

§79.1 Definitions

(a) "Barrier beach" is the zone including both beach and dune.

(b) "Beach" is the area extending landward from the mean low-water line to the toe of a dune.

(c) "Dune" is a ridge or hill of loose, windblown soil the principle component of which is sand.

(d) "Mean low water" is the approximate average low water level for a given body of water at a given location, determined by reference to hydrological information.

(e) "Dune access trail" is a footpath or walkway developed to provide access over dunes to the beach.

§79.2 Allowed activity

Public access to the Lakeview and Black Pond beaches and the associated dune access trails is permitted only between sunrise and 10 PM, unless specified otherwise by official posted notice.

§79.3 Prohibited activity

The following activities are prohibited:

(a) All public access to the dune portion of the barrier beaches, except by permit from the department;

(b) erecting or posting any sign or notice except as permitted by the Department of Environmental Conservation;

(c) building, maintaining, or using a fire;

(d) using devices to create sound, excluding personal electronics that produce sound audible only to the primary user; (d) erecting or maintaining a camp, tent, or structure of any kind;

(e) defacing, disturbing or damaging any structure, sign, equipment, or other property;

(f) removing, injuring or destroying any plants;

(g) removing any rocks, minerals, soil, or sand;

(h) walking or riding any hoofed animals including, but not limited to horses;

(i) use of any off-road vehicle including, but not limited to trail bikes, motorcycles, snowmobiles, and all terrain vehicles;

(j) engaging in any activity or behavior which may endanger the safety of persons or property;

(k) failure to keep household pets, including but not limited to dogs, caged or leashed (6' or less) and under control at all times; and

(l) possession of alcoholic beverages with intent to consume.

§79.4 Noncompliance provision

Noncompliance with any prohibited act of this Part may result in immediate eviction as well as the right to future use of the Area.