Part 191: Forest Fire Prevention

(Statutory authority: Environmental Conservation Law, §§ 9-0105, 9-1103, 9-1109)

[Effective Date: Part (§ 191.1-191.3) filed April 28, 1972 eff. May 1, 1972]

[Amendment Dates: § 191.1 filed April 28, 1972; amds. filed: March 22, 1976; Sept. 26, 1977 eff. 30 days after filing.
§ 191.2 filed April 28, 1972, repealed, new files May 14, 1975; May 15, 1990; amd. filed Aug 16, 2000 eff. Sept. 6, 2000. Amended (i).
§ 191.3 filed April 28, 1972; amd. filed Sept. 26, 1977 eff. 30 days after filing.
§ 191.4 Order filed Sept. 17, 1972; rescinded, filed Nov. 29, 1972; new filed April 4, 1973; recinded, filed Nov. 19, 1973; new filed May 14, 1975 eff. immediately.
§ 191.5 filed Sept. 26, 1972 eff. 30 days after filing]

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§191.1 Permits to set fires

No person shall set or cause to be set, an open fire, except small fires for cooking, warmth or smudge, and open fires for the purpose of on site disposal of rubbish or other debris generated by residential activities without having first obtained from the department a written permit to do so, in the following areas, excepting therein within the corporation tax limits of any city or village; or in any town with a total town population, including incorporated or unincorporated areas, of greater than 10,000 people; all of Columbia County; all of Dutchess County except the town of Poughkeepsie; the town of New Bremen in Lewis County; all of Orange County; all of Putnam County; all of Rensselaer County; the towns of Brasher, Hermon, Lawrence, Russell and Stockholm in St. Lawrence County; the towns of Galway, Greenfield, Milton, Moreau, Northumberland, Providence, Saratoga and Wilton, and the city of Saratoga Springs outside the corporation tax limits, all in Saratoga County; the towns of Bethel, Callicoon, Cochecton, Delaware, Fallsburg, Forestburg, Fremont, Highland, Liberty, Lumberland, Mamakating, Thompson and Tusten, all in Sullivan County. No fire shall be left unattended or unquenched.

§191.2 Forest fire districts

The following counties or portions thereof, except cities and villages located therein, shall constitute forest fire districts pursuant to section 9-1109 of the Environmental Conservation Law:

a. Albany County. Towns of Berne, Knox, Rensselaerville and Westerlo.

b. Allegany County.

c. Broome County.

d. Cattaraugus County.

e.Cayuga County. Towns of Locke, Moravia, Niles, Sempronius and Summerhill.

f.Chautauqua County. Towns of Arkwright, Busti, Carroll, Charlotte, Chautauqua, Cherry Creek, Clymer, Ellery, Ellicott, Ellington, French Creek, Gerry, Harmony, Kiantone, Mina, North Harmony, Poland, Sherman, Stockton, Villenova and Westfield.

g. Chemung County.

h. Chenango County.

i. Clinton County. Towns of Beekmantown, Chazy, Champlain, Cinton, Mooers, Peru, Plattsburgh and Schuyler Falls.

j. Columbia County.

k. Cortland County.

l. Delaware County. The entire county except the fire towns of Andes, Colchester, Hancock and Middletown.

m. Dutchess County.

n. Erie County. Towns of Colden, Collins, Concord, Holland and Sardinia.

o. Franklin County. Towns of Bangor, Bombay, Brandon, Dickinson, Malone and Moira.

p. Fulton County. Towns of Broadalbin, Ephratah, Johnstown, Oppenheim and Perth.

q. Greene County. The entire county except the fire towns of Hunter, Jewett, Lexington and Windham.

r. Herkimer County. The entire county except the fire towns of Ohio, Russia, Salisbury and Webb.

s. Jefferson County. Towns of Adams, Ellisburg, Lorraine, Rodman and Worth.

t. Lewis County. The entire county except the fire towns of Croghan, Diana, Greig, Lyonsdale and Watson.

u. Livingston County. Towns of North Dansville, Ossian, Sparta, Springwater and West Sparta.

v. Madison County. Towns of Brookfield, DeRuyter, Georgetown, Hamilton, Lebanon and Nelson.

w. Montgomery County. Towns of Charleston and Root.

x. Oneida County. Towns of Annsville, Ava, Boonville, Bridgewater, Camden, Florence, Lee, Sangerfield, Steuben, Vienna and Western.

y. Onondaga County. Town of Fabius.

z. Ontario County. Towns of Bristol, Canadice, Naples, Richmond and South Bristol.

aa. Orange County.

ab. Oswego County. Towns of Albion, Amboy, Boyleston, Constantia, Orwell, Redfield, Richland, Sandy Creek and Williamstown.

ac. Otsego County.

ad. Putnam County.

ae. Rensselaer County.

af. Rockland County. The entire county except the fire towns of Clare, Clifton, Colton, Fine, Hopkinton, Parishville, Piercefield and Pitcairn.

ag. St. Lawrence County.

ah. Saratoga County. The entire county except the fire towns of Corinth, Day, Edinburg and Hadley, but including that part of the City of Saratoga Springs outside the corporation tax limits.

ai. Schenectady County. Town of Duanesburg.

aj. Schoharie County.

ak. Schuyler County.

al. Steuben County.

am. Sullivan County. The entire county except the fire towns of Neversink and Rockland.

an. Tioga County.

ao. Tompkins County. Towns of Caroline, Danby, Dryden, Enfield, Groton, Ithaca, Lansing and Newfield.

ap. Ulster County. The entire county except the fire towns of Denning, Gardiner, Hardenburgh, Olive, Rochester, Shandaken, Shawangunk, Wawarsing and Woodstock.

aq. Washington County. The entire county except the fire towns of Dresden, Fort Ann and Putnam.

ar. Westchester County. Towns of Beford, Cortlandt, Greenburgh, Lewisboro, Mount Pleasant, New Castle, North Castle, North Salem, Ossinging, Pound Ridge, Sommers and Yorktown.

as. Wyoming County. Towns of Arcade and Java.

at. Yates County. Town of Italy, Jerusalem, Middlesex and Potter.

§191.3 Closing of forest lands because of fire hazards

No person, except when on official business or in cases of emergency, shall enter upon State-owned lands, or upon privately owned forest lands where the owner of said forest lands has consented to extend the application of subdivision 3 of section 9-0105 of the Environmental Conservation Law to said privately owned forest lands, after the department has determined that a serious fire hazard exists thereon.

§191.4 Payment for forest fire fighters and equipment

a. The following shall be the wages paid by the department to persons other than its regular employees who are employed by the department to suppress forest fires:

1. Fire warden--$3 per hour;

2. Foreman--$2.25 per hour;

3. Equipment operator--the rate paid for such work in the locality in which the person is employed to suppress the fire, as determined by the department;

4. Fire fighter--$1.75 per hour.

b. The owner of automotive equipment, aircraft or teams of horses hired to suppress forest fires shall be paid at a rate not to exceed that paid for such services in the locality in which such services are hired, as determined by the department.

§191.5 Definitions

Rubbish or other debris. Solid waste material, including but not limited to paper and paper products; rags; trees or leaves, needles and branches therefrom; vines, lawn and garden debris; cartons; wood; sawdust and demolition materials. Rubbish or other debris shall not include garbage, incinerator residue, street sweepings, dead animals, offal, liquid waste material, furniture, cans, crockery, plastics, chemicals, paint, petroleum products, tires, vehicles or parts thereof.

Open fire. Any outdoor fire or outdoor smoke producing process from which air contaminants are emitted directly into the outdoor atmosphere.