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State Lands

This regulation became effective May 13, 2009 and appeared in the State Register on May 13, 2009.

The proposed amendment to Part 190 protects public safety, manages public use and protects natural resources on State lands. Following is the text of the regulation:

6 NYCRR Part 190 Express Terms

Repeal subdivision (a) of 6 NYCRR section 190.0 and add a new subdivision (a) of section 190.0 to read as follows:

(a) Except as otherwise provided, the provisions of this Part shall apply to all persons entering upon or using State lands under the department's jurisdiction that are administered by the Division of Lands and Forests, the Division of Operations, or both, including but not limited to such lands as unique areas, State forests, reforestation areas, multiple use areas, forest preserve, conservation areas, natural resource management areas, preserves, campgrounds and environmentally sensitive lands, and to those rights owned and managed by the State as conservation easements as defined in section 190.12 of this title.

Paragraphs (13) and (14) of subdivision 190.0(b) are renumbered paragraphs (14) and (15) and a new paragraph (13) is added to read as follows:

(13) "Structure" shall mean any object or improvement constructed, installed or placed on State lands, including but not limited to trails, roads, bridges, ramps, buildings, sheds, lean-tos, picnic tables, monuments, memorials, permanent tree stands or permanent hunting blinds, posts, rails, handrails, steps, fences, pipelines, oil, gas and other well structures, septic systems, fuel tanks, utility lines, including but not limited to telephone, electric and cable, mobile homes, campers, trailers, signs, docks and dams, except that tents, campers, temporary blinds and other temporary objects related to authorized recreational activities shall not be considered structures for the purposes of this definition, provided that such objects are in compliance with rules and regulations governing such activities on State lands.

Subdivision (a) of section 190.8 is repealed and a new subdivision (a) is added to read as follows:

(a) The use of State lands or any structures or improvements thereon for private revenue or commercial purposes is prohibited, except as authorized by section 190.7 of this title and Environmental Conservation Law sections 9-0505, 9-0507 and Article 11. This subdivision does not apply to the exercise of rights of fee owners of private lands subject to conservation easements.

Subdivision (g) of section 190.8 is amended to read as follows:

(g) No person shall deface, remove, destroy or otherwise injure in any manner whatsoever any tree, flower, shrub, fern, fungi or other plant like organisms, moss or other plant, rock, soil, fossil or mineral or object of archaeological or paleontological interest found or growing on State land, [excepting] except for personal consumption or under permit from the Commissioner of Environmental Conservation and the [Assistant Commissioner for State Museum and Science Service,] Commissioner of Education, 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].

New subdivisions (r) through (ff) of section 190.8 are added to read as follows:

(r) No person shall operate or possess a snowmobile on forest access roads, truck trails, roads, trails or other areas on State lands outside of the forest preserve which are posted or designated by the department as closed to snowmobile use.

(s) No person shall operate or possess a bicycle on forest access roads, truck trails, roads, trails or other areas on State lands outside of the forest preserve which are posted or designated by the department as closed to bicycle use.

(t) Operation of mechanically propelled vessels.

(1) No person shall operate or possess a mechanically propelled vessel other than an electric powered vessel on State lands outside the forest preserve on the following bodies of water:

County	State Land	Water Body	East UTM	North Coordinate	USGS Quad
Region 3
Dutchess	West Mountain State Forest (SF)	Blackberry Pond	614671	4608789	Pawling, Dover Plains, Verbank & Poughquag
Orange	Stewart SF	Beaver Pond	567672	4591920	Maybrook
Orange	Stewart SF	Restoration Pond	567041	4592043	Maybrook
Orange	Stewart SF	Rowe's Pond	566109	4591959	Maybrook
Orange	Stewart SF	Stick Pond	567133	4594384	Maybrook
Orange	Stewart SF	Pittman-Robertson Pond	569356	4594408	Maybrook
Orange	Stewart SF	Wilkens Pond	567762	4594473	Maybrook
Putnam	White Pond Multiple Use Area (MUA)	White Pond	606593	4592021	Poughquag & Lake Carmel
Putnam	California Hill SF	Waywayanda Lake	601402	4588380	Oscawana Lake
Sullivan	Hickok Brook SF	Hickok Brook Pond	510497	4594568	Highland Lake & Eldred
Region 4
Columbia	Beebe Hill SF	Barrett Pond	625746	4688111	State Line
Region 6
Lewis	BonaParte's Cave SF	Green Pond	470119	4890100	Lake BonaParte & Harrisville
Lewis	BonaParte's Cave SF	Duck Pond	470316	4889752	Harrisville
Lewis	BonaParte's Cave SF	Mud Pond	470711	4889576	Harrisville
Oneida	Big Brook SF	Johnny Smith Pond	442498	4808902	Florence
Oneida	Albert J. Woodford SF	Chittning Pond	474260	4751058	Cassville
Region 7
Broome	Nanticoke Lake MUA	Nanticoke Lake	410712	4687400	Lisle
Cayuga	Bear Swamp SF	Bear Swamp	393547	4733740	Sempronius
Cayuga	Frozen Ocean SF	Frozen Ocean Pond West	383367	4738897	Owasco
Chenango	Genegantslet SF	Balt Pond	436172	4696053	Smithville Flats
Chenango	Long Pond SF	Round Pond	430942	4694538	Smithville Flats
Chenango	McDonough SF	Kopak's Pond	442482	4707412	East Pharsalia
Chenango	McDonough SF	Whaley Pond	442452	4708923	East Pharsalia
Chenango	Whaupaunaucau SF	Jeffrey's Pond	461480	4717604	Holmesville
Cortland	Gee Brook SF	Calico Pond	422675	4708894	Cincinnatus
Madison	Charles E. Baker SF	Woodland Pond	469210	4734506	Hubbardsville
Onondaga	Morgan Hill SF	Shackham Pond	417573	4738216	Tully
Onondaga	Morgan Hill SF	Spruce Pond	416026	4739101	Tully
Tioga	Oakley Corners SF	Oakley Corners Pond	404195	4669050	Newark Valley
Tioga	Oakley Corners SF	Oakley CornersPond South	404158	4668437	Newark Valley
Tompkins & Cortland	Robinson Hollow SF	Tri-County Pond	396864	4695960	Dryden
Region 8
Livingston	Ossian SF	Evergreen Pond	268500	4708247	Canaseraga
Steuben	Birdseye Hollow SF	Birdseye Hollow Pond	322949	4693357	Savona
Steuben	Birdseye Hollow SF	Sanford Lake	320620	4688847	Savona
Steuben	Cameron SF	Cameron Pond	301934	4679191	Cameron
Steuben	Cameron SF	Unnamed	301240	4680940	Towlesville

(2) No person shall operate an inboard or outboard motor rated at greater than 25 horsepower on State lands outside the forest preserve on the following body of water:

County	State Land	Water Body	East UTM	North Coordinate	USGS Quad
Chenango	Long Pond SF	Long Pond	430390	4696715	Smithville Flats

(u) No person shall enter or remain upon or use any forest access road, truck trail, road, trail, facility or any other area on State lands that are posted or designated by the department as closed to public use.

(v) No person shall set, light, use or maintain a fire or campfire of any kind on State lands which are posted or designated by the department to prohibit campfires. Under no circumstances are campfires allowed on any forest access road, truck trail, road, trail or parking area on State lands.

(w) No person shall erect, construct, install, maintain, store, discard or abandon any structure or any other property on State lands or subsequently use such structure or property on State lands, except if the structure or property is authorized by the department or is:

(1) a geocache that is labeled with the owner's name and address and installed in a manner that does not disturb the natural conditions of the site or injure a tree;

(2) a camping structure or equipment that is placed and used legally pursuant to this Part;

(3) a legally placed trap or appurtenance that is placed and used during trapping season;

(4) a tree stand or hunting blind that does not injure a tree, is properly marked or tagged with the owner's name and address or valid hunting or fishing license number, and is placed and used during big game season, migratory game bird season, or turkey season; or

(5) a wildlife viewing blind or stand that is placed for a duration not to exceed thirty (30) days in one location per calendar year, does not injure a tree, and is properly marked or tagged with the owner's name and address or valid hunting or fishing license number.

(x) On State lands, no person shall erect, construct, occupy or maintain any structure that is affixed to a tree by nails, screws or other means that injure or damage the tree except as otherwise authorized by the department.

(y) No person shall erect, construct, maintain, occupy or use any tree stand that is used, operated, accessed or reached by methods or means which injure or damage a tree on State lands, and no person shall gain access to any structure in a tree on State lands by means that injure or damage the tree.

(z) No person shall drive a trailer or motor vehicle, including the wheels thereof, into a body of water to launch or retrieve a vessel on State lands which the department has posted or designated as closed to trailer launching of boats.

(aa) The Commissioner may prohibit campfires or the use of liquid or gaseous fuel camping stoves or lamps on State lands during periods of high fire danger.

(bb) No person shall possess breakable targets, including but not limited to clay pigeons, on State lands and no person shall target shoot at breakable targets, including but not limited to clay pigeons and glass containers, on State lands. Unless legally engaged in the act of hunting, no person shall discharge firearms on State lands posted or designated as closed to target shooting.

(cc) On State lands, no person shall sponsor, conduct or participate in any organized event of more than twenty people unless otherwise authorized by the department. Examples of organized events include, but are not limited to: sponsored hikes; archery and fishing tournaments; snowmobile, bicycle, horse and orienteering races, runs, rides or competitions (including biathlons and triathlons); encampments; and re-enactments.

(dd) No person shall sponsor, conduct or participate in any research project on State lands except under permit from the department. Examples of research include, but are not limited to, population studies, collection of scientific samples, placement of scientific instruments, seismic exploration and archaeological studies. This subdivision shall not apply to bird population data collection such as, but not limited, to Audubon's Christmas Bird Count, the USGS Breeding Bird Survey and Cornell Lab of Ornithology's e-Bird database; nor shall it apply to any other research exempted by the Department in writing on a case by case basis.

(ee) On State lands, no person shall sponsor, conduct or participate in: advertising, weddings, commercial film making activities or film making activities that exclude other public use of the area, and other similar events, except under permit from the department.

(ff) No person shall possess paint balls or paint ball guns on State lands, and no person shall sponsor, conduct or participate in any activities associated with the discharging of paint balls on State lands.

Add new Section 190.35 of Part 190 to read as follows:

190.35 Severability.

If a provision of this Part or its application to any person or circumstance is determined to be contrary to law by a court of competent jurisdiction, such determination shall not affect or impair the validity of the other provisions of this Part or the application to other persons and circumstances.

Firewood Restrictions to Protect Forests from Invasive Species

The purpose of this Regulation is to reduce the risk of introduction and spread of invasive insects and diseases of trees by preventing untreated firewood from entering New York State and restricting the movement, sale and possession, within the State, of untreated firewood that originates in New York State.

This regulation became effective March 18, 2009 and appeared in the State Register on March 18, 2009.

For more information, please see the Frequently Asked Questions for Firewood Regulation page. If you have any additional questions regarding this regulation, please call this toll-free number: 1-866-640-0652. Or e-mail us at: firewood@gw.dec.state.ny.us

6 NYCRR 192.5
Express Terms

A new section 192.5 is added to 6 NYCRR Part 192 to read as follows:

§192.5 Firewood Restrictions to Protect Forests from Invasive Species.

(a) Definitions. For the purposes of this section, these terms shall be defined as follows:

(1) "Department" shall mean the New York State Department of Environmental Conservation.

(2) "Dealer" shall mean any person or business, other than a firewood producer, that sells firewood.

(3) "Firewood" shall mean any kindling, logs, chunkwood, boards, timbers or other wood of any tree species cut and split, or not split, into a form and size appropriate for use as fuel.

(4) "Firewood producer" shall mean any person or business who processes kindling, logs, chunkwood, boards, timbers or other wood of any tree species into firewood for sale.

(5) "New York-Approved Treated Firewood / Pest-Free" shall mean a labeling standard for firewood that may be used by a firewood producer who complies with the provisions of subdivision (d) of this section.

(6) "New York-Sourced Firewood" shall mean a labeling standard for firewood used by a New York firewood producer who complies with the provisions of subdivision (e) of this section.

(7) "Person" shall mean an individual, organization, corporation or partnership, other than the department, public authority, county, town, village, city, municipal agency or public corporation.

(8) "Phytosanitary certificate" or "plant health certificate" shall mean an official document issued by a state or country from which firewood is being exported which certifies that the firewood meets the phytosanitary regulations of New York State.

(9) "Self-issued Certificate of Source" shall mean certification, on a form prescribed by the department, that is signed by a person who desires to move firewood, for personal use, from one location to another, within New York in compliance with the provisions of subdivision (f) of this section.

(10) "Source" shall mean the village, town or city, which the firewood producer declares as the source of the firewood. All trees or logs that are processed into firewood that is declared to be from the named source shall have been grown within 50 miles of the named source, prior to being obtained by the firewood producer.

(11) "Untreated Firewood" shall mean any firewood that has not been treated in accordance with the provisions of subdivision (d) of this section.

(12) "50 miles" shall mean a 50 mile linear distance determined by using the scale-bar on a New York State road map, atlas or gazetteer, from the point identified as the stated source of the firewood in question.

(b) Prohibition on Transport of Untreated Firewood into New York State.

No person shall transport, by any means, Untreated Firewood into New York State, for sale or use within the State from any location outside the State.

(1) No person shall transport, sell or possess Untreated Firewood within the State unless its source is identified according to the criteria set forth in either subdivision (e) or (f) of this section.

(2) No person shall move Untreated Firewood produced, from trees that are grown in New York State, more than 50 miles from the source of the firewood.

(3) Dealers of New York-Sourced Firewood shall provide copies of the firewood source documentation, provided by the firewood producer, to all purchasers.

(4) Firewood producers shall maintain records of log or wood purchases or procurement to verify the sources of their firewood. Such records shall be made available for inspection by the department upon request.

(d) Standards for Treatment and Labeling.

(1) Firewood may be labeled "New York-Approved Treated Firewood / Pest-Free if accompanied by a Firewood producer's certification that it was heat treated to achieve a minimum wood core temperature of 71°C for a minimum of 75 minutes. Such treatment may employ kiln-drying or other treatments approved by the department that achieve this specification through use of steam, hot water, dry heat or other methods.

(2) A Firewood producer's certification shall indicate the producer's name, legal address and the village, town or city of the business on a label, bill of sale or lading, purchase receipt or invoice accompanying such firewood.

(3) Producers of "New York-Approved Treated Firewood / Pest-Free" firewood shall maintain, for at least one year from the date of treatment, records that document the treatment method and the volume of firewood treated, and shall also allow department officials to inspect such records and the facilities used to treat firewood upon request.

(4) Phytosanitary certificates from an out-of-state firewood producer's State Department of Agriculture or the United States Department of Agriculture Animal Plant Health Inspection Service (USDA APHIS) may be used to verify the treatment method and volumes of treated firewood that is produced out-of-state.

(e) "New York-Sourced Firewood" requirements.

(1) The "New York-Sourced Firewood" designation may be applied only to Untreated Firewood that has its source wholly within New York State, and is transported not more than 50 miles from the firewood producer's declared source of the firewood.

(2) Dealers of "New York-Sourced Firewood" shall provide to customers the name of the producer of the firewood, the producer's legal address and the source of the firewood, as provided by the firewood producer, on a label, bill of sale or lading, purchase receipt or invoice, attached to or accompanying such firewood they sell.

(f) Self-issued Certificate of Source.

(1) Persons who cut and transport Untreated Firewood for personal use must complete and possess a Self-Issued Certificate of Source from the department in accordance with this section.

(2) A Self-Issued Certificate of Source must specify the source of the firewood being cut and transported.

(3) Self-Issued Certificate of Source forms shall be available on the department's website, http://www.dec.state.ny.gov/, and at the department's regional offices.

(4) No person who cuts and/or transports firewood for personal use shall move such firewood more than 50 miles from its source unless it is treated in accordance with subdivision (d) of this section.

(5) Persons who cut firewood on their own property, for their own use on that same property, are exempt from the requirements of this subdivision.