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Lands and Forests Emergency, Proposed & Recently Adopted Regulations

Emergency Regulations

There are currently no emergency regulations.

Proposed Regulations

There are currently no proposed regulations.

Recently Adopted Regulations

A new 6 NYCRR Part 592 Conservation Easements

The purpose of this regulation is to provide standards and a procedure for Department of Environmental Conservation staff to utilize when modifying or extinguishing a conservation easement administered by DEC. It will also provide the public with an opportunity to participate in the conservation easement amendment process.

This regulation appeared in the State Register on December 21, 2016 and became effective the same day.

Addition of Section 190.35 to 6 NYCRR Peekamoose Valley Riparian Corridor

This rulemaking is necessary to protect public health, safety, and general welfare, as well as the natural resources on the Peekamoose Valley Riparian Corridor.

This regulation appeared in the State Register on October 12, 2016, and became effective the same day.

Express Terms

6 NYCRR Section 190.35 Peekamoose Valley Riparian Corridor

Section 190.35 is renumbered 190.36 and a new section 190.35 Peekamoose Valley Riparian Corridor is added to read as follows:

In addition to other applicable general provisions of this Part, the following requirements apply to the Peekamoose Valley Riparian Corridor. In the event of a conflict between this section and another section of this Part, the more restrictive provision will control.

(a) Description. For the purposes of this section, Peekamoose Valley Riparian Corridor means all those state forest preserve lands lying and situated in the Town of Denning in Ulster County located within 300 feet on either side of the centerline of the Roundout Creek, beginning at the New York State land boundary where it crosses Ulster County Route 42 southwest of the Lower Field Parking Area, thence heading northeast for approximately 3.75 miles, and ending with the New York State land boundary approximately one mile east of the Buttermilk Falls parking area, encompassing lands designated by the department as the Sundown Wild Forest and Slide Mountain Wilderness Area of the Catskill Park.

(b) No person shall kindle, build, maintain or use a fire within the Peekamoose Valley Riparian Corridor, including, but not limited to, charcoal fires, wood fires, gas grills, propane stoves or other portable stoves, except at designated campsites.

(c) No person shall possess a glass container within the Peekamoose Valley Riparian Corridor, except when necessary for the storage of prescribed medicines.

(d) No person shall possess a portable generator within the Peekamoose Valley Riparian Corridor, except at designated campsites.

(e) No person shall play a musical instrument or audio device, including, but not limited to, radios, tape players, compact disc or digital players, except at designated campsites unless the noise is rendered inaudible to the public by personal noise-damping devices such as headphones or earbuds. At designated camp sites no person shall use any audio device which is audible outside the immediate area of the campsite.

(f) No person shall deposit or cause to be deposited any solid waste, garbage, food waste, human wastes or other sanitary waste products within the bounds of the Peekamoose Valley Riparian Corridor except at facilities provided and designated by the department.

(g) No person shall park any motor vehicle within the Peekamoose Valley Riparian Corridor except at areas designated and marked by the department as parking areas.

(h) No person shall enter the Peekamoose Valley Riparian Corridor area between
one-half hour after sunset and one-half hour before sunrise except for: (1) persons camping at designated campsites; (2) licensed hunters and trappers for the purpose of hunting or trapping; (3) pedestrians using the marked hiking trails crossing the corridor; or (4) persons otherwise authorized by permit issued by the department.

Assessment of Public Comment

The 45 day public comment period from June 8 through July 23, 2016 resulted in eight written comments. In addition, the Department hosted a public meeting on June 21, 2016 in the local community to explain the regulations and receive public comments. Approximately 20 people attended the meeting and several made verbal comments.

Comment: Strongly support the proposed regulations. Feels that the regulations will help deter abuse and overuse of the property. (eight written comments, several verbal comments)
Response: Thank you.

Comment: Post "Park head-on" signs to encourage people to park in the most efficient way, given the limited parking available.
Response: The Department will look into ways to delineate parking spaces in gravel lots to improve parking.

Comment: Limit the number of people who use the property on a given day. Require permits for camping and day use.
Response: The new regulations are intended to help reduce natural resource damage by addressing the types of uses, not the number of users, which is limited by available parking. If this approach is unsuccessful, limiting the number of users could be considered.

Comment: Need more officers to enforce the regulations.
Response: The Department is working with other agencies including the State Police, New York City Department of Environmental Protection, and Ulster County to assist with law enforcement in the valley.

Comment: Hiking trailhead parking is not useable due to Blue Hole visitors filling it up.
Response: The trailhead parking lot is available to people accessing the forest preserve for a variety of public uses, including hiking, hunting, backpacking, fishing and picnicking.

Comment: What are the results of water samples taken downstream of the Blue Hole?
Response: Water quality samples have not shown adverse impacts to water quality.

Comment: Can New York City Department of Environmental Protection close the road to protect the drinking water supply?
Response: No.

Comment: No cell service delays emergency response.
Response: The Department does not provide cell service, but we recognize this problem and are working to improve radio reception for emergency response.

Comment: Prohibit diving or swinging from a rope in the Blue Hole.
Response: The Department prohibits rope swings and removes them when found.

Comment: Any progress on a radio repeater?
Response: Yes, we are working to develop a repeater on private land that will improve radio reception for law enforcement and emergency response organizations.

Comment: Prohibit shooting.
Response: Hunting with a firearm is allowed on state forest preserve lands consistent with all laws and rules and regulations.

Comment: Get people off the road.
Response: The Department is considering the construction of a pedestrian trail from the trailhead parking lot to the Blue Hole Kiosk to reduce pedestrian use of the road. This proposal will be included in the Sundown Wild Forest Unit Management Plan revision.

Comment: Bear-proof dumpsters and outhouses are needed.
Response: The Department has made arrangements for a bear-proof dumpster and a port-a-john at the Blue Hole from Memorial Day through Columbus Day weekends.

Regulatory Impact Statement
Regulatory Flexibility Analysis

Adoption of a new section 190.35 to 6 NYCRR will address overuse and increase public safety on the Peekamoose Valley Riparian Corridor while still providing a quality outdoor experience for users. A Regulatory Flexibility Analysis for Small Businesses and Local Governments is not submitted with these regulations because the proposal will not impose any reporting, record-keeping or other compliance requirements on small businesses or local governments.

Since there are no identified cost impacts for compliance with the proposed regulations on the part of small businesses and local governments, they will bear no economic impact as a result of this proposal. The proposed regulations relate solely to protecting public safety and natural resources on the Peekamoose Valley Riparian Corridor.

Rural Area Flexibility Analysis

Adoption of a new subdivision 190.35 to 6 NYCRR will address overuse and increase public safety on the Peekamoose Valley Riparian Corridor while still providing a quality outdoor experience for users. A Rural Area Flexibility Analysis is not submitted with this proposal because the proposal will not impose any reporting, record-keeping or other compliance requirements on rural areas. The proposed regulations relate solely to protecting public safety and natural resources on the Peekamoose Valley Riparian Corridor.

Job Impact Statement

Adoption of a new section 190.35 to 6 NYCRR will address overuse and increase public safety on the Peekamoose Valley Riparian Corridor while still providing a quality outdoor experience for users. A Job Impact Statement is not submitted with this proposal because the proposal will have no substantial adverse impact on existing or future jobs and employment opportunities. The proposed regulations relate solely to protecting public safety and natural resources on the Peekamoose Valley Riparian Corridor.

A new subdivision (g) is added to 6 NYCRR section 190.10

The purpose of this regulation is to protect public safety and natural resources on the Croton Gorge Unique Area.

This regulation appeared in the State Register on July 13, 2016, and became effective the same day.

Express Terms

Section 190.10 Unique Areas

A new subdivision (g) is added to 6 NYCRR section 190.10 to read as follows:
(g) Croton Gorge Unique Area. Description: For the purposes of this section, Croton Gorge Unique Area, referred to in this section as " the area ", means all those state lands located in Westchester County in the Town of Cortlandt, in a portion of the Cortlandt Patent.

(1) All camping shall be prohibited.
(2) Public use of the property will be allowed from sunrise to sunset only.
(3) The use of any type of fire shall be prohibited including the use of charcoal or gas grills.
(4) Possession or consumption of alcoholic beverages shall be prohibited.
(5) No person shall play a musical instrument or audio device, including, but not limited to radios, tape players, compact disc or digital players, unless the noise is rendered inaudible to the public by personal noise-damping devices such as headphones or earbuds.

Regulatory Impact Statement
Job Impact Statement

The proposed rulemaking will adopt a new subdivision (g) to 6 NYCRR Section 190.10, "Unique Areas" that will address overuse and increase public safety on the Croton Gorge Unique Area while still providing a quality outdoor experience for users. A Job Impact Statement is not submitted with this proposal because the proposal will have no substantial adverse impact on existing or future jobs and employment opportunities. The proposed regulations relate solely to protecting public safety and natural resources on the Croton Gorge Unique Area.

Rural Area Flexibility Analysis

The proposed rulemaking will adopt a new subdivision (g) to 6 NYCRR Section 190.10, "Unique Areas" that will address overuse and increase public safety on the Croton Gorge Unique Area while still providing a quality outdoor experience for users. A Rural Area Flexibility Analysis is not submitted with this proposal because the proposal will not impose any reporting, record-keeping or other compliance requirements on rural areas. The proposed regulations relate solely to protecting public safety and natural resources on the Croton Gorge Unique Area.

A new 6 NYCRR Part 576 is added in Chapter V, Subchapter C

The purpose of this proposed regulation is to prevent the spread of aquatic invasive species.

This regulation appeared in the State Register on May, 25 2016 and became effective the same day.

Questions and Answers Pertaining to This Regulation
  1. When do the regulations become effective?
    The Aquatic Invasive Species Spread Prevention regulations become effective immediately upon publication of the final rule in the State Register May 25, 2016.
  2. What waterbodies are included?
    These regulations apply to all public waterbodies. Public waterbodies are defined as all waters within the state, public or private, except those private waters which do not combine or effect a junction with natural surface waters, which are wholly or partially within or bordering the state.
  3. Are private and public launches included?
    Yes, the regulations apply to both private and public launches on public waterbodies within the state.
  4. What constitutes a watercraft or floating dock?
    A watercraft means every motorized or non-motorized boat, vessel or vehicle capable of being used or operated as a means of transportation or recreation in or on water. A floating dock means a removable buoyant platform supported by floating devices or suspended over the surface of a waterbody by anchors or other devices.
  5. Who do these regulations apply to?
    These Aquatic Invasive Species Spread Prevention regulations apply to all watercraft and floating dock operators on public waterbodies.
  6. What actions are required by the watercraft operator?
    The purpose of these regulations is to establish reasonable precautions, such as removing visible plant or animal matter, washing, draining or drying that must be taken by persons launching watercraft or floating docks into public waterbodies to prevent the spread of aquatic invasive species. Material removed should be disposed of in a proper receptacle or upland location.
  7. Are there any exemptions to the regulations?
    The prohibitions included in 576.3 do not apply to any watercraft and associated equipment or floating dock that is re-launched from a launch site into a public waterbody, within the bounds of any permanent barrier that was removed from the same launch site without having been launched into any other waterbody.
  8. What are the penalties for violating the regulations?
    For any first violation a written warning may be issued along with educational materials. For a second offense a fine of up to $150 may be issued. For a third offense a fine of up to $250 may be issued. For a fourth offense a fine up to $1,000 may be issued.

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