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Part 190: Use Of State Lands - Page 1

(Statutory authority: Environmental Conservation Law, §§ 1-0101, 3-0301, 9-0105; Executive Law, § 816; L. 1970, ch. 140)

[Part filed April 28, 1972 eff. 2-15-06.]

Page 1(190.0-190.9) Page 2 (190.10-190.13) Page 3 (190.23-190.33)

Contents:

Sec.

• 190.0 Introduction
• 190.1 Fire
• 190.2 Official signs and structures
• 190.3 Camping sites
• 190.4 Camping permits
• 190.5 Permissible structures
• 190.6 Open camps
• 190.7 Public campgrounds
• 190.8 General
• 190.9 Use of pesticides on State lands

§190.0 Introduction

a. The provisions of this Part shall apply to all persons entering upon or using State lands which are subject to the provisions of article 9, article 45, or article 49 of the Environmental Conservation Law or defined as "unique areas", "environmentally sensitive lands" or "conservation easements" in this section.

b. Definitions. As used in this Chapter, the following words shall have the indicated meanings:

1. Bicycle shall mean a vehicle with two or more wheels, a steering handle, a saddle seat, or seats and pedals by which it is propelled.

2. Camp shall mean any form of temporary shelter, including but not limited to a tent, motor home travel trailer, mobile home, or the use of any vehicle for shelter or sleeping.

3. Commissioner shall mean the State Commissioner of Environmental Conservation.

4. Conservation easement means an easement, covenant, restriction or other interest in real property, which limits or restricts development, management or use of such real property for the purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural, or natural condition, character, significance or amenities of the real property in a manner consistent with the public policy and purpose set forth in section 49-0301 of the Environmental Conservation Law.

5. Department means the New York State Department of Environmental Conservation.

6. Environmentally sensitive lands means State lands of exceptional scenic beauty, exceptional forest character, open space, pine barrens, trailways, unique character or public access acquired under the authority of section 52-0701 of the Environmental Conservation Law.

7. Mechanically propelled vessel shall mean any boat or other vessel for transporting personnel, supplies or material on water, which incorporates a motor or engine of any type for propulsion.

8. Motor vehicle shall mean a device for transporting personnel, supplies or material incorporating a motor or an engine of any type for propulsion, and with wheels, tracks, skids, skis, air cushion or other contrivance for traveling on or adjacent to land, water or ice. It shall include such vehicles as automobiles, trucks, jeeps, all-terrain vehicles, duffel carriers, snowcats, bulldozers and other earth-moving equipment, but shall not include snowmobiles.

9. Motorized equipment means machines not designed for transporting people, supplies or material, or for earth moving but incorporating a motor, engine or other non-living power source to accomplish a task, such as, but not limited to, chain saws, brush saws, rotary or other mowers, rock drills, cement mixers, and generators.

10. Person with a disability for the purposes of this Part shall mean a person with a physical impairment that substantially limits one or more of the major life activities of such individual.

11. Public campgrounds means any intensive use area designated as a public campground, operated by the Department of Environmental Conservation, where a user fee is collected for public use. Public campgrounds also include the following special facilities: Lake George Beach Park, Lake George Battlefield Park, Prospect Mountain Veterans Memorial Highway, Fourth Lake Picnic Area and Hinckley Reservoir Picnic Area.

12. Self-issuing permit means a department form which is filled out by visitors at trailhead register boxes or is issued by a department employee, the original of which is deposited in the register box and a copy of which is carried by the visitor. Such permits may include information on rules and regulations, safety, and general backcountry guidelines.

13. Unique area means State lands acquired under the authority of section 51-0701(3) of the Environmental Conservation Law.

14. Wilderness area means a unit of state land in the Adirondack Park or Catskill Park which is classified as wilderness by the Adirondack Park State Land Master Plan or Catskill Park State Land Master Plan, respectively.

§190.1 Fire

a. No fires are permitted except for cooking, warmth or smudge. No fire shall be lit until all flammable material has been removed from its perimeter as is necessary to prevent its spread. No fires shall be left unattended until extinguished.

b. No person shall deposit lighted matches, cigars, cigarettes or other burning tobacco where they will cause fire.

c. No wood, except from dead and down trees or from supplies furnished by the department, shall be used for fuel.

§190.2 Official signs and structures

a. No person shall deface, mutilate or destroy any department sign, structure, barrier or object.

b. No person shall throw, dump, deposit or place or cause to be thrown, dumped, deposited or placed on or in any department lands or structures any refuse, trash, garbage, rubbish, litter or any nauseous or offensive matter.

§190.3 Camping sites

a. Areas used for temporary camping and adjacent lands under the jurisdiction of the department must be kept in a neat, clean and sanitary condition. Garbage and refuse must either be deposited in receptacles provided, or removed.

b. Camping is prohibited within 150 feet of any road, trail, spring, stream, pond or other body of water except at camping areas designated by the department.

c. No person may pollute in any manner nor deposit waste material of any kind in or on waters under the jurisdiction of the department.

d. Except in an emergency, or during the period December 15 to April 30 each year in the Adirondack Park, or during the period December 21 to March 21 each year in the Catskill Park, no person may camp on lands under the jurisdiction of the department which are located at an elevation in excess of 4,000 feet above sea level in the Adirondack Park or in excess of 3,500 feet above sea level in the Catskill Park.

e. Except in an emergency, no open fires are permitted on lands under the jurisdiction of the department which are located at an elevation in excess of 4,000 feet above sea level in the Adirondack Park or in excess of 3,500 feet above sea level in the Catskill Park.

f. No person other than a qualified person with a disability and that person's associated camping group, shall occupy any camping site that the Department has designated as "reserved" for use by persons with disabilities. Eligibility records for determination of qualification shall include: a valid Temporary Revocable Permit for Motor Vehicle Access for Persons With Disabilities or a Non-Ambulatory Hunting Permit as issued by the Department, a Handicapped Parking Permit issued pursuant to Section 1203-a of the Vehicle and Traffic law, an Access Pass issued by the New York State Office of Parks, Recreation, and Historic Preservation or an equivalent certification of disability.

§190.4 Camping permits

a. Temporary camping in one location for four nights or more is prohibited except under permit. Except during the big game hunting season, no temporary camping permit will be issued to any person for a period in excess of 14 consecutive nights. No temporary camping permit may be renewed, or a new permit issued, to the same person for the same location in the same calendar year.

b. Temporary camping is restricted in certain posted areas and no person may camp on such areas without a permit.

c. Upon termination of camping all equipment and supplies must be removed from State land. The storage of personal property on State lands is prohibited.

d. No temporary camping permits will be issued to individuals under 18 years of age.

e. No group of 10 or more individuals may camp on State lands at any time except under permit.

§190.5 Permissible structures

a. Permits for the erection of permanent tent platforms and/or lean-tos (open camps) will not be issued by the department under any condition. No person shall erect a tent platform or lean-to (open camp).

b. The transfer of existing lean-tos (open camps) will not be permitted under any condition.

c. Current permits for lean-tos (open camps) will be cancelled:

1. upon the death of the permittee;

2. when the permittee no longer desires to continue to use and maintain the structure;

3. when as a result of an inspection the lean-to is found to be deteriorated or does not meet department specifications and the condition is not rectified within a reasonable time.

d. Any of the above structures heretofore erected in accordance with department standard plans are and shall remain the property of the State.

e. Temporary wooden platforms may be erected in connection with any tent camping permit but shall be removed at the expiration of the permit. No person shall erect tar paper or plastic structures of any sort.

f. Portable canvas houses with or without platforms are permitted under general camping permits.

g. Camping permits granted under subdivision (a) of section 190.4 of this Part will permit the use of tents without platforms or on temporary wooden platforms. When occupied for more than three successive nights, permits for the use of a lean-to (open camp) shall be secured in accordance with subdivision (a) of section 190.4 of this Part and the department may grant similar permits to persons other than the builder when not occupied by him under permit.

§190.6 Open camps

a. Open camps (lean-tos) may not be occupied by the same person or persons for more than three successive nights or for more than 10 nights in any one calendar year, provided others wish to use such camps.

b. The enclosure of the fronts of open camps is prohibited, except by tying canvas or nylon tarpaulins in place or erecting snow walls. The use of wood, nails, screws or other fasteners is prohibited.

c. The erection of tents in open camps is prohibited.

§190.7 Public campgrounds

a. Applicability. The following sections of this Part apply to persons using public campgrounds under the jurisdiction of the department unless specified otherwise in this section: 190.0, 190.1, 190.2, 190.8 and 190.9. The following additional requirements apply to public campgrounds and in the event of a conflict, these specific regulations will control:

1. All persons entering a public campground for any purpose must register with the facility supervisor or his designated representative.

2. All persons who are camping will occupy and place equipment only on the site assigned by the facility supervisor or his designated representative.

3. Firearms may be possessed on the public campground only during the spring and fall hunting seasons. Unless otherwise posted, no discharge of firearms is permitted.

4. Except for fires in stoves, all fires in public campgrounds must be built in the fireplaces provided for that purpose.

5. Swimming on any public campground bathing area is prohibited from one-half hour before sunset to one-half hour after sunrise.

6. All persons camping on a public campground must obtain a camping permit from the facility supervisor or his designated representative. No person under 18 years of age shall apply for, or be issued a camping permit. Permittees must produce adequate identification and proof of age upon demand and furnish the full names of all persons in the camping party. The person to whom the camping permit is issued is responsible for the conduct of all persons under 18 years of age in the party and is liable for any violations of campground rules and regulations committed by any member of the party under 18 years of age. No person under 18 years of age shall be permitted to camp unless they are accompanied and supervised during their stay by a person who is 18 years of age or older and who has signed the permit for the camping party of which such person under 18 years of age is a member.

7. The playing of athletic games or the engaging in other activities of a rough or boisterous nature is prohibited except on designated game areas.

8. No person shall fail to comply with a lawful instruction of an employee of the department.

9. No water toys, tubes or floating devices will be permitted on the designated bathing areas of any campground or in the water with the exception of Coast Guard-approved personal flotation devices.

10. All animals, except household pets, are prohibited on public campgrounds when the campground is open. Horses are allowed only on designated areas. Household pets are not permitted on bathing areas or in picnic areas or structures at any time. When harbored or possessed in camping sections, pets must be confined on a leash or otherwise confined to restrict them to the campsite area of the owner. Pets cannot be left unattended. Disruptive or vicious animals must be removed from the campground. Dogs may be walked on a leash no more than 6 feet long, provided they are under control at all times. The owner must also properly dispose of the animal's excrement. Proof of a valid rabies inoculation for dogs is required.

11. No person shall operate a motor vehicle on any portion of any campground at a speed in excess of the posted speed limit, and no person shall fail to comply with any traffic control sign or device within the recreational facility, nor shall vehicles of any kind be allowed to park or stand on any roadway within the campground.

12. Quiet must be observed between 10 p.m. and 7 a.m.

13. The possession of alcoholic beverages or glass containers of any kind on campground bathing beaches is prohibited.

14. The changing into or out of bathing suits or any clothing which would require completely undressing is prohibited except in fully enclosed tents, in house trailers, in motor homes or in bathhouses provided for the purpose.

15. Camping permits at the public campgrounds will be issued for periods not in excess of 14 nights and may be renewed depending upon availability of sites. At Rollins Pond Public Campground and Bear Spring Mountain Public Campground the department may elect to permit seasonal camping.

16. Unless accompanied by a parent or guardian, no person under 21 years of age shall possess alcoholic beverages within any campground. Persons age 21 or over who possess or consume alcoholic beverages must produce adequate identification and proof of age upon demand by the campground facility supervisor, park ranger or any peace or police officer.

17. Any use of a public campground by any person who is not a member of a camping party is day-use. Day-use shall be from 7 a.m. to 10 p.m. unless otherwise posted. No day-users are allowed in recreational facilities between 10 p.m. and 7 a.m.

18. The possession of fireworks of any nature within a public campground is prohibited.

19. No person shall sell or offer for sale any articles, commodities or services within a public campground without a permit from the department.

20. No boat or other watercraft of any type will be allowed within the bathing area at a public campground. No boat or other watercraft of any type shall be launched or beached within the campground except at points designated for that purpose.

21. Violation of any provision of this Part shall be grounds to remove the violator from the campground and deny the violator use of the facility. Any person so denied shall not be entitled to any refund of fees or to future use of the facility within one week of denial.

b. For the purpose of this subdivision, the term Lake George Islands Public Campground means all State-owned islands and developed day-use and camping areas on the mainland at Black Mountain Point, Red Rock Bay, Commission Point and Black Mountain shoreline. At Lake George Islands Public Campground, the following additional regulations apply:

1. No dogs, except for Seeing Eye dogs in actual use, are permitted on State lands, docks, or on vessels moored at docks, comprising the Lake George Islands Public Campground.

2. Boats will not be permitted overnight mooring at State docks located adjacent to picnic areas without obtaining a camping permit and prior approval from the facility supervisor or his representative. Permission will only be granted under permit if regular tent sites or cruiser docks are not available. Parties granted permission to moor overnight at picnic area docks will be subject to a service charge and will be required to vacate the dockage by 9 a.m. of the next morning.

c. At Lake George Battlefield Park, the following additional regulations apply:

1. Hunting, trapping or possessing firearms on any portion of the Lake George Battlefield Park is prohibited at all times.

2. No person shall operate a motor vehicle on any portion of the Lake George Battlefield Park at a speed in excess of 15 miles per hour, nor shall any person operate a motor vehicle at a speed in excess of 30 miles per hour on that portion of the Fort George Park County Road No. 20A, commonly known as the Dowling Road, lying within the Lake George Battlefield Park, nor shall any vehicle of any nature be parked or allowed to stand on the pavement or shoulders of this portion of the road.

3. Unless otherwise permitted, there shall be no overnight camping on any portion of the Lake George Battlefield Park or adjoining State lands.

4.Any person who possesses a household pet on the Lake George Battlefield Park shall keep such animal on a leash or otherwise confined at all times.

d. At Lake George Beach Park, the following additional regulations apply:

1. No person shall operate a motor vehicle on any park road or parking area at a speed in excess of 30 miles per hour, nor shall any vehicle of any kind be allowed to park or stand on any roadway within the park.

2. Household pets are permitted only in the parking field, on the roadways and on the through walkway provided they are kept on leash or otherwise confined at all times.

3. Swimming in the park or in the water adjacent thereto is prohibited from one-half hour before sunset to one-half hour after sunrise.

e. Saranac Lake Public Campground. The State-owned islands and shoreline, to a point 1,000 feet landward from the water's edge of Lower Saranac Lake, the Saranac River from Lower Saranac Lake to and including First Pond and Second Pond, not including the public access to the Saranac waterway located on Second Pond, shall be designated the Saranac Lake Public Campground.

f. For the purpose of this subdivision, Rollins Pond Public Campground means those forest preserve lands lying and situated in the Town of Santa Clara, Franklin County and consisting of the State-owned lands on the eastern shore of Rollins Pond within 300 feet horizontal distance from the high-water mark of Rollins Pond.

1. No person who is a registered or permitted user of the Rollins Pond Public Campground shall launch any mechanically propelled vessel powered by a motor with a rating of greater than 25 horse power from the boat launching site at said pond.

§190.8 General

a. The use of State forest preserve land or any improvements thereon for private revenue or commercial purposes is prohibited.

b. Except in an emergency, no mechanically propelled vessel equipped with living quarters shall be anchored or moored to (1) State land above water except under permit from the department, or (2) State land under water for a period in excess of 24 hours. The permit and the 24-hour period referred to hereinabove may be terminated by the department in the event that the vessel operator fails to comply with any provision of the Navigation Law of the State of New York or any rule or regulation adopted pursuant thereto, or anchors, moors, or otherwise maintains such vessel in such a manner as to create a hazard to navigation.

c. No boat of any kind shall be tied up or otherwise fastened to any State dock so as to prevent free access to such structure.

d. The use of toboggans, sleds and snowmobiles on ski trails and ski slopes is prohibited.

e. Any tent or other camping structure left unoccupied for more than 48 hours may be taken down or removed by the department.

f. The sale of all alcoholic beverages is prohibited on all State lands at any time except by concessionaires and then only when such sales are provided for in concession agreements.

g. No person shall deface, remove, destroy or otherwise injure in any manner whatsoever any tree, flower, shrub, fern, moss or other plant, rock, fossil or mineral found or growing on State land, excepting under permit from the Commissioner of Environmental Conservation and the Assistant Commissioner for State Museum and Science Service, pursuant to section 233 of the Education Law as amended by chapter 121 of the Laws of 1958, nor shall songbirds and their nests and other wildlife be molested or disturbed at any time, except during the open season therefor, if any.

h. Gambling for money or any other valuable thing upon any State land is prohibited.

i. No person shall erect or post any notice or sign upon State land at any time.

j. No person shall, while on State land or waters under the jurisdiction of the department:

1. intentionally obstruct, prevent or attempt to prevent any officers or employees of the department from performing their legal duties, by means of intimidation, physical force, interference or disobedience of any lawful order or by means of any independently unlawful act;

2. intentionally expose the private or intimate parts of his or her body in a lewd manner;

3. obstruct vehicular or pedestrian traffic with intent to cause public inconvenience, annoyance or alarm, or recklessly create a risk;

4. engage in fighting or violent, tumultuous or threatening behavior; or

5.engage in any other activity which violates the Penal Law.

k. No person shall operate a vehicle on any State truck trail or road maintained by the Department of Environmental Conservation on State reforestation areas at a speed in excess of 25 miles per hour.

l. No motor vehicle towing, pushing, or hauling a trailer will be permitted access to the Fourth Lake picnic area. The launching of boats other than those carried on cartops is prohibited.

m. Use of motor vehicles on State land under the jurisdiction of the Department of Environmental Conservation outside the forest preserve is prohibited, except where specifically permitted by posted notice or by permit issued by the department. Use of motor vehicles within the forest preserve is governed by Part 196 of this Chapter.

n. The riding, driving or leading of horses will be permitted anywhere on State lands under the jurisdiction of the Department of Environmental Conservation unless otherwise prohibited by law, regulation, posted notice or this subdivision. No person shall ride or permit a horse on:

1. land devoted to intensively developed facilities, such as boat launch sites, day use areas, campsites, ski centers, education centers, fish hatcheries, game farms or headquarters complexes, and lands managed for public safety, such as flood control levees;

2. foot trails, except where such trails are part of a publicly maintained road, or are specifically designated to allow travel by horses thereon; and

3. designated snowmobile trails and cross-country ski trails that are covered with ice or snow.

o. No person shall use any portion of State lands for agricultural purposes, including but not limited to the grazing of cattle or domestic animals of any kind thereon, unless he has obtained a permit from the department.

p. No person shall fail to comply with the instructions contained on a sign of the Department of Environmental Conservation.

§190.9 Use of pesticides on State lands

a. No pesticide shall be applied to any State land under the jurisdiction of the Department of Environmental Conservation except by written authorization from the department.

b. This section shall not apply to the use of pesticides within the confines of a tent, trailer or other shelter site located on lands owned by the State, or to pesticides applied directly to the person.