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Part 606: Use, Operation and Maintenance Of Great Sacandaga Lake (Formerly The Sacandaga Reservoir)

(Statutory authority: Environmental Conservation Law, § 15-2109)

[page 1 of 1]

Historical Note

Part (§§ 606.1/606.110) added by renum. Part 326; repealed, new filed April 28, 1972 eff. May 1, 1972.

Contents:

Sec.

§606.1 Definitions

The following terms whenever used in this Part, except as otherwise specifically intended, shall be defined to mean and shall be held to include each of the meanings hereinbelow specifically set forth, and any such terms used in the singular shall be held to include the plural.

(a) Person shall be interpreted to mean person, firm, partnership, association or corporation.

(b) Board shall be interpreted to mean Board of Hudson River-Black River Regulating District.

(e) District shall be interpreted to mean Hudson River-Black River Regulating District.

(d) Reservoir shall include all lands or interest in lands acquired, pursuant to the provisions of article 15 of the Environmental Conservation Law, in the matter of the construction and operation of the Great Sacandaga Lake and any and all structures erected in connection therewith. It shall also include the definition thereof contained in subdivision 2, section 15-2101, article 15 of the Environmental Conservation Law.

(e) Commercial permit shall be interpreted to mean any permit granted by the board for access to and use of the reservoir, including the privilege of engaging in the business authorized by the permit.

(f) Noncommercial permit shall be interpreted to mean any permit granted by the board for access to and use of the reservoir, other than a commercial or special permit.

(g) Special permit shall be interpreted to mean any permit granted by the board for access to and use of the reservoir in such cases which, in the board's judgment, are not specifically provided for or do not come entirely within the provisions of either of the other classes defined in this section.

(h) Occasional user shall include any person making temporary use of the land for recreation purposes.

(i) A structure shall mean any building or construction of any kind situated on state lands under the jurisdiction of the district.

(j) Work project shall be interpreted to mean any other type of structure not included within the definition of a structure.

(k) SEQR shall be interpreted to mean State Environmental Quality Review, section 8- 0101, Environmental Conservation Law.

Historical Note

Sec. added by renum. 326.1; repealed, new filed April 28, 1972; amd. filed June 30, 1980; repealed, new filed Jan. 12, 1993 eff. Jan. 27, 1993.

§606.2 Application

The following rules and regulations are of general application and shall govern all who make use of the reservoir area.

Historical Note

Sec. added by renum. 326.2; repealed, new filed April 28, 1972 eff. May 1, 1972.

§606.3 Defacement

No official sign, or structure maintained under permit, shall be defaced.

Historical Note

Sec. added by renum. 326.3; repealed, new filed April 28, 1972 eff. May 1, 1972.

§606.4 Use for private revenue or commercial purposes

The use of the reservoir or the improvements thereon for private revenue or commercial purposes is prohibited, unless as specifically designated and permitted by the board.

Historical Note

Sec. added by renum. 326.4; repealed, new filed April 28, 1972 eff. May 1, 1972.

§606.5 Nonliability for injury or damage

Any person making use of the lands for any purpose within the area of the reservoir, or boating upon or fishing or swimming in or otherwise using the waters in the reservoir, shall do so at his own risk, and neither the State, the district nor the board shall be liable in any respect for any loss, damage or injury to person or property caused or occasioned thereby.

Historical Note

See. added by renum. 326.5; repealed, new filed April 28, 1972 eff. May 1, 1972.

§606.6 Camping

Camping shall not be permitted in or upon reservoir lands under the district's jurisdiction.

Historical Note

Sec. added by renum. 326.6; repealed, new filed April 28, 1972; amd. filed June 30, 1980; repealed, new filed Jan. 12, 1993 eff. Jan. 27, 1993.

§606.15 Discharge of sewage

There shall be no discharge of sewage or wastes into the reservoir without a written permit from the Department of Environmental Conservation.

Historical Note

Sec. added by renum. 326.15; repealed, new filed April 28, 1972 eff. May 1, 1972.

§606.16 Human excreta

No privy or other place for the deposit or storage of human excreta shall be constructed, located or maintained on any of the lands embraced within the area of the reservoir. No human excreta shall be placed, left or stored on said reservoir area. No installation of any sewage disposal plant shall be made without the approval of the board and the State Department of Health, and shall not be put into use until the finished work has been accepted and the use permitted by the board and the State Department of Environmental Conservation.

Historical Note

Sec. added by renum. 326.16; repealed, new filed April 28, 1972 eff. May 1, 1972.

§606.17 Discharge of waste material

No house slops, sink, laundry, garage or stable wastes, ashes, brush cuttings, tree cutting debris of any character or waste material of any character, nor any polluted liquid or matter, nor any garbage, shall be thrown or discharged into the reservoir or any of the streams tributary thereto within the reservoir area, nor shall any such be placed or left upon said reservoir area.

Historical Note

Sec. added by renum. 326.17; repealed, new filed April 28, 1972; amd. filed June 30, 1980 eff. June 30, 1980.

§606.25 Issuance of permits

(a) Permits and renewals thereof are hereby authorized to be issued granting access to and on the reservoir area. Such permits shall be of three general classes: noncommercial, commercial and special.

(b) An applicant for a commercial or a special permit must own private land fronting or adjoining the proposed permit area. This provision shall not apply to certain special permits which the board may choose to issue to local government boards, religious, fraternal and charitable organizations or associations or similar organizations or associations. No permit shall be issued except to a person owning real property within the delineated area. Maps of the delineated area are on file in the Albany and Northville offices.

Historical Note

Sec. added by renurn. 326.25; repealed, new filed: April 28, 1972; Jan. 12, 1993 eff. Jan. 27,1993.

§606.26 Applications for permits

Applications for all permits, renewals thereof, and all permits themselves, shall be made and granted upon forms therefor approved and adopted by the board. Applications for permit renewals must be filed by March 15th.

Historical Note

Sec. added by renum. 326.26; repealed, new filed April 28, 1972; amd. filed June 30, 1980; repealed, new filed Jan. 12, 1993 eff. Jan. 27, 1993.

§606.27 Contents of applications

Applications and permits shall set forth, sufficient for identification and location, the access area, and shall specifically set forth the existing and proposed structure or structures to be erected or placed on such access area.

Historical Note

Sec. added by renum. 326.27; repealed, new filed April 28, 1972; amd. filed June 30, 1980 eff. June 30, 1980.

§606.28 Review of applications

Applications for permit and renewal thereof shall be submitted to the board for such action and determination thereon as in the judgment and discretion of the board may be deemed just and proper. No permit shall be granted, issued or renewed without the authority of the board.

Historical Note

See. added by renum. 326.28; repealed, new filed April 28, 1972 eff. May 1, 1972.

§606.29 Width of access area

The board reserves the right to determine the width of the access area to be granted.

Historical Note

Sec. added by renum. 326.29; repealed, new filed April 28, 1972 eff . May 1, 1972.

§606.30 Application of other laws, rules and regulations

The Public Health Law of the State, the rules and regulations of the State Department of Environmental Conservation, the laws, rules and regulations of local boards of health and local health authorities, the Environmental Conservation Law of the State, the rules and regulations of the Adirondack Park Agency, local zoning boards, and the rules and regulations of the board, together with any other rules and regulations or laws now in force or which may hereafter be adopted or enacted applicable to any permit, or renewal thereof, are hereby constituted part thereof, the same as if fully set out therein.

Historical Note

Sec. added by renum. 326.30; repealed, new filed April 28, 1972@ amd- filed June 30, 1980 eff. June 30, 1980.

§606.31 Acceptance and types of permit

(a) Each person to whom a permit or renewal thereof is granted shall execute thereon a written acceptance thereof and agree therein faithfully to comply with and be bound by the rules and regulations of the board and all the terms and conditions of the permit, set forth or referred to therein. Permits will not be required for occasional access to or use of the reservoir on areas not covered by permits. In such cases, these rules and regulations shall be fully complied with excepting as to the application for the issuance of permit and payment of charges or fees therefor. Also, occasional use is hereby restricted to daylight hours only.

(b) No noncommercial permit shall be granted, issued or renewed by the board to two or more individuals, except in cases where the individuals are all members of the same family or have joint ownership of a lot or a cottage, residing together, and provided further that only one lot or one cottage is involved.

(c) Any person who is engaged in a business on property adjoining the reservoir, or on property separated from the reservoir by a highway, who makes application for a permit shall be required to apply for a commercial permit.

Historical Note

Sec. added by renum. 326.31; repealed, new filed April 28, 1972-, amd. filed June 30, 1980 eff. June 30, 1980. Amended (a).

§606.32 use of permits

(a) Noncommercial permits when granted and issued, or renewed, shall be for the use of permittees, their families and guests for access to the shoreline; any commercial use or transfer thereof is prohibited.

(b) Commercial permits when granted and issued, or renewed, shall be for the use of the permittees only; any transfer thereof is prohibited.

(c) The use of motorized vehicles is prohibited except for access to the shoreline.

Historical Note

Sec. added by renum. 326.32; repealed, new filed: April 28, 1972; Jan. 12, 1993 eff. Jan. 27,1993.

§606.33 Number of boats authorized

Noncommercial permits, when granted and issued, will authorize the use of not more than two boats.

Historical Note

Sec. added by renum. 326.33; repealed, new filed April 28, 1972 eff. May 1, 1972.

§606.34 When permits take effect

No permit or any renewal thereof shall become effective, nor shall any use be made or any privilege enjoyed thereunder, until the acceptance of the permit shall have been duly executed, and all fees and charges prescribed and required by this Part have been paid to the board or its duly authorized representative.

Historical Note

See. added by renum. 326.34; repealed, new filed April 28, 1972 eff. May 1, 1972.

§606.35 Acceptance of permit exempts State, district and board from liability

The granting and issuance of any permit or any renewal thereof is upon the express understanding, and its acceptance by any permittee is a covenant and part of the consideration therefor, that the permittee will save the State of New York, the district and board harmless from any and all damages of every kind and nature which may be caused to such permittee, or to any other person or persons, or to his or their property in connection with such permit or while on the access area granted therein, by reason of the maintenance, operation and regulation of said reservoir, or by reason of the use of the permit or of the access area, or by reason of the construction or use of any structure that may be erected thereon, or by reason of the use of said reservoir, its area or any part thereof, or by reason of the conduct and operation of any business by the permittee; and the permittee shall be liable to all persons for any and all damages to persons or property which may be caused, occasioned or brought about by any of the foregoing matters and things, and without any recourse therefor to the State of New York, the district or said board. Neither the State of New York, the district nor the board shall be liable in any respect by reason of the issuance of any permit, any use thereof, or any approval or direction given, or requirement prescribed in connection therewith.

Historical Note

See. added by renum. 326.35; repealed, new filed April 28, 1972 eff. May 1, 1972.

§606.36 Noninterference with reservoir operations

The granting and issuance of any permit, or any renewal thereof, shall in no wise prejudice or interfere with the rights of the board or the district to release water from, or impound or store water in, the reservoir, or to do any other act or acts in the operation, maintenance and regulation of said reservoir; all risks and hazards in respect thereto, as well as any resultant damage therefrom, shall be assumed by the permittee or any person or persons exercising the privileges of the permit, without any recourse to or right of action against the State of New York, the district or said board.

Historical Note

Sec. added by renum. 326.36: repealed, new filed April 28, 1972 eff. May 1, 1972.

§606.37 Rights and powers of district and board

The granting and issuance of any permit, or any renewal thereof, for access to and on the reservoir and its area, shall not constitute an exclusive right or privilege, but the same shall be subservient and subject to the rights and powers of the district and the board, their officers, representatives, agents and employees, to do and perform any act or acts in the operation, maintenance and regulation of said reservoir, and in the inspection, regulation and control of the access areas and the granting of other permits; the district and the board, their officers, agents and employees to have, at all times, absolute right of entry upon and over the access area for the purposes aforesaid; access areas shall be subject to right-of-way of other authorized permittees for necessary ingress and egress to other access areas by foot-pass.

Historical Note

See. added by renum. 326.37; repealed, new filed April 28, 1972; amd. filed June 30, 1980; repealed, new filed Jan. 12, 1993 eff. Jan. 27, 1993.

§606.38 Termination and renewal of permits

All permits shall terminate and be come ineffective on the 15th day of March of the following year for which the same are granted and issued, unless sooner revoked or abandoned.

Historical Note

Sec, added by renum. 326.38; repealed, new filed April 28, 1972; amd. filed June 30, 1980; repealed, new filed Jan. 12, 1993 eff. Jan. 27, 1993.

§606.39 maintenance of area by permittee

Each permittee must keep and maintain the access area in clean and sanitary condition.

Historical Note

Sec. added by renum. 326.39; repealed, new filed: April 28, 1972; Jan. 12, 1993 eff. Jan. 27,1993.

§606.40 Rights of permittee

Any permittee shall have the right to keep the access area set forth in his permit free from parked cars, campers and other interference or disturbance, excepting as otherwise provided herein and excepting as provided in sections 606.36, 606.37 and 606.45 herein; provided, however, that any permittee exercising such right shall assume all risks and be liable for any and all damages or injuries to persons or property sustained thereby. Neither the State, the district nor the board shall be liable in any respect for any such damages or injuries.

Historical Note

See, added by renum. 326.40; repealed, new filed April 28, 1972; amd. filed June 30, 1980 eff. June 30, 1980.

§606.41 Structures on access area

All structures to be erected or placed on the access area shall be approved as to design by the chief engineer or the assistant chief engineer of the board, and shall be located, erected, constructed and maintained in accordance with the directions and approval of said chief engineer or the assistant chief engineer; no other structure or structures shall be erected or placed on the access area.

Historical Note

Sec. added by renum. 326.41; repealed, new filed April 28, 1972; amd. filed June 30, lD80 eff. June 30,1980.

§606.42 Erection of signs

Such sign or signs as may be deemed necessary by the chief engineer or the assistant chief engineer of the board shall be erected, at the cost and expense of the permittee, on the access area, and the same shall be approved as to design, number, location, erection and construction by said chief engineer or the assistant chief engineer; at least one of said signs shall have placed thereon notice to all persons of the nonliability of the State, the district or the board for damages to person or property by reason of any use of the permit or the exercise of any privilege thereunder; no other sign or signs shall be erected or placed on the access area.

Historical Note

Sec. added by renum. 326.42; repealed, new filed April 28, 1972; amd. filed June 30, 1980 eff. June 30, 1980.

§606.43 Cost and maintenance of structures

Any landing, dock, float, or other structure permitted to be erected or placed on the access area, shall be erected or placed and constructed at the cost of the permittee, and the same shall be kept and maintained in good condition and repair.

Historical Note

Sec. added by renum. 326.43; repealed, new filed: April 28, 1972; Jan. 12, 1993 eff. Jan. 27, 1993.

§606.44 Placement of structures

Boats, floats, or any other movable structure, authorized by permit, shall not be anchored, placed or located in excess of 40 feet from the shore line, at any given time, of the reservoir immediately fronting the access area granted by the permit, or any renewal thereof, excepting as otherwise permitted by the board. Ice fishing "shacks" must be removed from the reservoir property by March 15th.

Historical Note

Sec. added by renum. 326.44; repealed, new filed April 28, 1972; amd. filed June 30, 1980; repealed, new filed Jan, 12, 1993 eff. Jan. 27, 1993.

§606.45 Removal of structures and other property

In case of revocation or abandonment of any permit, or renewal thereof, the permittee shall forthwith remove from the access area and the reservoir, all landings, docks, floats, boats and other structures, and all other property belonging to the permittee or any other person; failing in which the district, the board or their duly authorized representative may summarily, and without instituting any legal proceedings therefor, enter upon and remove the same from the reservoir access area and charge former permittee for all costs incurred therefrom.

Historical Note

Sec. added by renum. 326.45; repealed, new filed April 28, 1972; amd. filed June 30, 1980 eff. June 30, 1980.

§606.46 Work projects on access areas

Permission to carry out a work project on any permit access areas of the regulating district's property shall be requested on forms supplied by the district at any district office. No project shall be undertaken prior to the approval by the board or approval authorized by the board. This is in conformity with procedures which were adopted by the board after public hearings which the board deemed necessary to implement SEQR, pursuant to article 8 of the New York Environ. mental Conservation Law, for environmental quality review of actions which may have a significant effect on the environment, and article 15 of the New York State Environmental Conservation Law pertaining to dredging below the high-water mark.

Historical Note

Sec. filed June 30,1980 eff. June 30,1980.

§606.65 Fees or charges for engineering services

(a) Each applicant for a permit shall pay to the board, at the time of filing the application therefor, the following named charges or fees for engineering service to be rendered by the board in case of the granting and issuance of a permit:

(1) the basic survey fee where the access area applied for does not exceed 100 feet in width; and

(2) the supplemental survey fee, in addition to the basic survey fee, for each additional 100 feet in width of access area, or fractional part thereof, for which application is made.

(b) Each permittee requesting a new survey to be made of an access area shall pay to the board the basic survey fee.

(c) Each said applicant shall pay in addition to the foregoing, at the time of filing application for permit, the basic application clerical fee to defray clerical and other incidental expenses in connection with the application and the basic sign fee as payment for one sign to be furnished and erected on the access area by the board.

(d) The said charges or fees shall be refunded in case of nonissuance of permit. The said charges or fees specified in this section are not required to be paid upon renewal of permit, excepting as prescribed in section 606.69 of this Part.

(e) Fee for work project.

Historical Note

Sec. added by renum. 326.65; amd. filed Dec. 9, 1969; repealed, new filed April 28, 1972; amd. filed June 30, 1980; repealed, new filed: Jan. 27, 1986; Jan. 12, 1993 eff. Jan. 27, 1993.

§606.66 Commercial permit fees - general

Excepting as to the business of renting out boats, each applicant for a commercial permit, in addition to the charges or fees hereinbefore prescribed, shall pay to the board, at the time of filing the application for permit, as a part of the consideration for the granting thereof, a charge or fee, to be determined by the board after consideration of the permit privileges for which application is to be made. Said charge or fee shall be an annual charge, subject to revision by the board from time to time, and shall be paid to the board at the time of filing original application for commercial permit, and also at the time of filing an application for any renewal or renewals thereof. The said annual charge or fee shall be refunded in case of nonissuance of permit, renewal or renewals thereof. No refund will be made if permit or renewal is issued, excepting a pro rata refund in cases where the access area is granted for a width less than that for which application was made.

Historical Note

Sec. added by renum. 326.66; repealed, new filed April 28, 1972; amd. filed June 30, 1980 eff. June 30, 1980.

§606.67 commercial permit fees for boating business

(a) An applicant shall pay to the board at the time of filing new application or application for annual renewal of permit to engage in the business of a marina or boat livery on the reservoir, in addition to the charges and fees named in section 606.65 of this Part, and as a part of the consideration therefor:

(1) a boat livery fee, which shall be based on the number of boats and/or the number of docking berths for hire; and

(2) when appropriate, a launching ramp fee.

(b) The total number of boats and the total number of berths for hire shall be stated in the application and permit. The board reserves the right in each case to fix and limit the number of boats, the number of berths, and the width of the area to be granted.

(e) No refund will be made if a permit is issued, excepting a pro rata refund in cases where the width of the access area, and the number of boats and/or berths in connection therewith, is granted for and fixed at less than that for which application was made. In case of the nonissuance of the permit or renewal thereof, a refund will be made in the amount of the payment accompanying the application.

Historical Note

Sec. added by renum. 326.67; amd. filed Dec. 9, 1969; repealed, new filed: April 28, 1972; Jan. 27, 1986 eff. Jan. 27, 1986.

§606.68 Powers of board

(a) The board reserves the right to fix the dollar amounts for all of the charges or fees described in these rules and regulations after:

(1) publishing a notice in each of the officially designated district newspapers,once a week for three consecutive weeks, that a change in the fee (s) or charge (s) is under consideration. Such notice shall specify the date, time and place of the meeting of the board when consideration of such fees may be anticipated:

(i) the published notice shall include an invitation for written public input to be submitted to the district at the office(s) of the district designated therein;

(ii) no action on setting or amending such changes in charges and fees shall occur for a period of 30 days following the last date of publication of such notice; and

(2) adopting a resolution fixing said fees or charges at a regular public meeting of the board at which a quorum of the board is present and at which a period for public comment has been provided.

(b) The board reserves the right to grant, issue and renew special permits, and to fix the fees therefor, and to modify the width of the access areas to be granted.

Historical Note

Sec. added by renum. 326.68; repealed, new filed: April 28, 1972; Jan. 27, 1986 eff. Jan. 27,1986.

§606.69 Fees or charges for access areas

All permit holders shall pay annually to said board, at the time of filing new application or application for renewal of permit, an access width charge, an administrative charge, and, if it has been found necessary to erect a new sign on the access area during the preceding year, the further charge of the basic sign fee.

Historical Note

Sec. added by renum. 326.69; amd, filed Dec. 9, 1969; repealed, new filed: April 28, 1972; Jan. 27, 1986 eff. Jan. 27, 1986.

§606.70 Payment of fees and charges

Each applicant for a permit shall pay the full amount of charges or fees required, whether the permit is effective for a full calendar year or only a fractional part thereof.

Historical Note

Sec. added by renum. 326.70; repealed, new filed: April 28, 1972; Jan. 27, 1986 eff. Jan. 27, 1986.

§606.71 Exemptions from fees or charges

The board reserves the right to exempt from the provisions of these sections, as to the payment of charges or fees, religious, charitable or fraternal organizations or associations, or similar organizations or associations; provided, however, in case of any such exemption, all the other rules and regulations herein shall be fully complied with.

Historical Note

Sec. added by renum- 326.71; repealed, new filed April 28, 1972 eff- May 1, 1972.

§606.80 Coverage

The board reserves the right to require that commercial and certain other special permit areas be covered by public liability and property damage insurance.

Historical Note

Sec. added by renum. 326.80; repealed, new filed April 28, 1972 eff. May 1, 1972.

§606.81 Conditions for issuance of permits and renewals

The following conditions must be met before the granting and issuance of such permits or renewals thereof:

(a) Public liability insurance covering the access permit area in such amounts as deemed necessary by the board.

(b) Permittee's policy of insurance shall include the Hudson River-Black River Regulating District as an additional named insured, and such other information as deemed necessary by the board.

(c) A certificate of insurance or duplicate policy must be filed before the board will act upon any application for permit or permit renewal.

Historical Note

Sec. added by renum. 326.81; repealed, new filed April 28, 1972; amd. filed June 30, 1980; repealed, new filed: Jan. 27, 1986; Jan. 12, 1993 eff. Jan. 27, 1993.

§606.85 Reservation of right, use or purpose

In any case where the deed conveying lands and premises to the State of New York, for the uses and purposes of the reservoir, reserves a right of access or use, in respect to said lands and premises, such right of access or use shall be exercised in pursuance of the provisions of the deed relating thereto; subject, however, to these rules and regulations. Any person claiming to have any such right of access or use shall, before exercising the same, make and file with the board an application for a permit therefor and for renewal or renewals thereof, in accordance with these rules and regulations. All permits and any renewal or renewals thereof granted and issued in respect to any such right of access or use shall be so granted and issued in accordance with these rules and regulations. In any case where it is claimed that the deed reserves several rights of access or several uses or purposes in relation to lands and premises acquired by the State for the purposes of the reservoir, a separate application shall be filed for each such right, use or purpose, and the application and permit shall definitely and specifically set forth such right, use or purpose.

Historical Note

Sec. added by renum. 326.85; repealed, new filed April 28, 1972 eff. May 1, 1972.

§606.86 Preference with respect to reserved access rights

Persons claiming access rights reserved in deeds shall have preference in respect to the determination an allocation by the board of the areas in reference to such access rights. The board shall determine such areas upon applications made for permits therefor. The board upon application therefor shall.have the right to grant and issue permit or permits to othe person or persons for any area remaining after such determination.

Historical Note

Sec. added by renum. 326.86; repealed, new filed April 28, 1972 eff. May 1, 1972.

§606.87

Historical Note

Sec. added by renum. 326-87; repealed, new filed April 28, 1972; repealed, filed Jan. 12, 1993 eff. Jan. 27, 1993.

§606.95 Cause for revocation

(a) The following shall constitute sufficient cause for the board to cancel and revoke any permit:

(1) any violation of, or failure to comply with, any of the rules and regulations of the board, including SEQR procedures adopted by the board pursuant to article 8 of the New York State Environmental Conservation Law;

(2) any violation of, or failure to comply with, any rule, regulation or law, either local, State or Federal, applicable thereto; or

(3) any other cause or reason deemed by the board to be sufficient.

(b) The board shall by resolution determine the matter of the cancellation and re vocation of any permit, with or without notice or hearing, excepting as in section 606.9 of this Part otherwise provided, and thereupon such permit shall be declared cancelled and revoked.

Historical Note

Sec. added by renum. 326.95; repealed, new filed April 28, 1972; amd. filed June 30, 1980 eff. June 30, 1980. Amended (a).

§606.96 Notice and hearing

(a) In cases where any access right or use is reserved in a deed, the board, before any determination is made by it cancelling or revoking a permit granted and issued in reference to such access right or use, shall serve on the permittee a 10-day notice of a hearing to be had by the board, accompanied with a statement of the cause or causes upon which the proceeding for the cancellation and revocation of the permit is based.

(b) The permittee may appear in person or by attorney and make and file answer to such statement. On such hearing oral or documentary testimony or both may be taken and considered by the board. At the conclusion of such hearing, the board shall make a determination which shall be deemed final, and serve a copy thereof on the permittee. If such determination is against the permittee, the permit involved shall be declared cancelled and revoked.

Historical Note

Sec. added by renum. 326.96; repealed, new filed April 28, 1972 eff. May 1, 1972.

§606.100 Amendment, abrogation or suspension

The board reserves the right to alter, amend or abrogate any or all of the rules and regulations in this Part, and may adopt new ones at any time the board may deem expedient. In any case wherein the board deems it just and proper, the operation or application of any rule or regulation herein may be suspended.

Historical Note

Sec. added by renum. 326.100; repealed, new filed April 28, 1972 eff. May 1, 1972.

§606.105 Penalties and construction

(a) All persons will be held responsible for compliance with the foregoing rules and regulations. Any person causing or responsible for any trespass upon, or injury or damage to, lands acquired in the name of the people of the State of New York for the uses and purposes of the reservoir, will be held liable in respect thereto for penalties, damages and administrative fees as established by the board.

(b) Any person violating any of the foregoing rules and regulations shall, in addition to the other prescribed liabilities and penalties, be deemed to have interfered with the operation of, or caused injury to, a regulating reservoir, and be subject to the provisions of subdivision 3, section 15-2133, article 15 of the Environmental Conservation Law.

(c) No permit granted and issued by the board shall be deemed to authorize the permittee to trespass upon any private lands or to do any injury thereto, or exclusively occupy and land owned by the State, including lands under water, or exclusively use any public waters of the State.

(d) Nothing contained in any of these rules and regulations shall be construed as compelling the granting and issuance of a permit to any person, nor to prevent the revoking, as herein provided, of any permit.

Historical Note

Sec. added by renum. 326.105; repealed, new filed April 28, 1972; amd. filed June 30, 1980; repealed, new filed Jan. 12, 1993 eff. Jan. 27, 1993.

§606.109 Saving provision

Any rules or regulations set forth in this Part shall be deemed to be in addition to rules and regulations prescribed for the use of lands of the State of New York, and in the event any rule or regulation herein set forth is contrary to the existing law, then such rule or regulation shall be deemed to be null and void, but the voiding of any rule or regulation herein contained shall not affect the remaining rules and regulations,

Historical Note

Sec. added by renum. 326.109; repealed, new filed April 28, 1972 eff. May 1, 1972.

§606.110 Effective date

The foregoing rules and regulations shall be effective and in force on and after the date of approval thereof by the Department of Environmental Conservation and compliance with sections 101-a and 102 of article 6 of the Executive Law.

Historical Note

Sec. added by renum. 326.110; repealed, new filed April 28, 1972; amd. filed June 30, 1980 eff. June 30, 1980.