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Lands and Forests Emergency, Proposed & Recently Adopted Regulations

Emergency Regulations

Currently, there are no Emergency Regulations.

Proposed Regulations

Proposed Part 193.3 - Protected Native Plants

This rulemaking is necessary to update the status of protected plants in New York State.

Summary and Express Terms of proposed Part 193.3

Send comments to:
Douglas Schmid
NYSDEC
625 Broadway
Albany, NY 12233-4253
or e-mail comments to: lflands@gw.dec.state.ny.us

Recently Adopted Regulations

Section 190.32 Otter Creek Trail System Assembly Area

Express Terms
Section 190.32 Otter Creek Trail System Assembly Area

A new section 190.32 is added to 6 NYCRR to read as follows:

190.32 Otter Creek Trail System Assembly Area

(a) Description. For purposes of this section, Otter Creek Trail System Assembly Area means those State lands located in Independence River State Forest (Lewis Reforestation Area 35) lying east of the Erie Canal Road (Chase's Lake Road) and west of the Adirondack park boundary. Said Otter Creek Trail System Assembly Area shall be hereinafter referred to as the "Assembly Area". In addition to other applicable general provisions of this Part, the following provisions apply to the Assembly Area. In the event of a conflict, these specific provisions shall control.

(b) Camping.

(c) Horses and Llamas. Definition. For the purpose of this section, horse(s) shall mean the entire family of equidae and llama(s) shall mean all new world camelids, llamas, alpacas, guanacos, and vicunas.

(d) Animals and Household Pets

(e) General Provisions.

(f) Enforcement

Section 196.5 Operation of mechanically propelled vessels on certain bodies of water.

The purpose of the change to this regulation is to prohibit the use of all motors except electric motors on Thirteenth Lake only.

Express Terms (underlined text is new, Text in [ ] is being removed )

6 NYCRR Section 196.5

Subdivision (d) of Section 196.5 of 6 NYCRR is renumbered as subdivision (e) and
a new subdivision (d) is added to read as follows:

(d) The operation of mechanically propelled vessels other than those powered by an electric motor is prohibited on the following body of water:

Name	Latitude	Longitude
Warren County
Thirteenth Lake	43° 42' N	74° 07' W

Newly renumbered subdivision (e) is amended to read as follows:

(e) The operation of mechanically propelled vessels is permitted on all of the bodies of water listed in subdivisions [(a)-(c)] (a)-(d) of this section by agents and officers of the department acting in emergency situations and in the performance of administrative functions authorized by the commissioner.

Regulatory Impact Statement for 6 NYCRR Section 196.5

1. Statutory authority

The Environmental Conservation Law (ECL) provides statutory authority for guaranteeing the beneficial use of the environment without risk to health or safety or unnecessary degradation (ECL Section 1-0101(3)(b)); preserving the unique characteristics of the Adirondack Forest Preserve (ECL Section 1-0101(3)(d)); promoting and coordinating management of land resources to assure their protection (ECL Section 3-0301(1)(b)), adopting rules and regulations (ECL Section 3-0301(2)(m)), providing for the care, custody, and control of the Forest Preserve (ECL Section 3-0301(1)(d) and 9-0105(1). Furthermore, Executive Law Section 816(3) authorizes the Department to adopt rules and regulations necessary, convenient or desirable to effectuate management planning responsibilities for State lands in the Adirondack Park. Finally, the New York State Constitution, Article XIV, Section 1 mandates that the Forest Preserve be forever kept as wild forest lands.

2. Legislative objectives

The proposed rulemaking to limit boats to electric motors or motorless craft on Thirteenth Lake will contribute to the fulfillment of the legislative objective of the ECL by "preserving the unique qualities of special resources such as the Adirondack and Catskill forest preserves". The prohibition to limit boats to electric motors will enable the Department to fulfill its statutory obligation to preserve, protect and enhance the natural resource value of Thirteenth Lake.

3. Needs and Benefits

The proposed regulations are necessary in order to create an environment consistent with the surrounding wilderness area. Management of the lake must give consideration to the impacts of motorized boats on the adjacent Siamese Ponds Wilderness Area, private property owners, users of the Forest Preserve and the environment. Gas powered boats can create noise that can be heard in areas within the Siamese Ponds Wilderness Area which can negatively affect the "wilderness experience" of users. Water and air pollution from gas powered boats can also negatively impact the lake. In addition, the wake created from these boats can harm nesting loons and can create difficulties for those canoeing, kayaking or using other motorless craft. There have been complaints regarding conflicting uses on the lake by the Garnet Hill Homeowners Association. As a result, the association has adopted a 5 horsepower limit on boats launched from its property. In addition, it is expected that they will go along with the Department's recommendation to limit boat use on the lake to electric motors or motorless craft. The Town of Johnsburg has passed a town law prohibiting the use of personal watercraft on Thirteenth Lake.

The proposed rulemaking was addressed in the Draft Unit Management Plan/ Environmental Impact Statement for the Siamese Ponds Wilderness Area. The plan underwent a lengthy public review process, including a public meeting, direct mailings, a press release, extensive public distribution, a responsiveness summary and web postings. This was designed to assure public participation in the planning process by all stakeholders. In addition, the Plan/Environmental Impact Statement was presented to the Forest Preserve Advisory Committee. This group is representative of recreational users, environmental groups and local governments. Public comments were addressed in a responsiveness summary that is part of the final unit management plan/environmental impact statement.

4. Costs

This rulemaking would impose no costs on the regulated public. It would impose no costs on the Department, since existing staff and public information and education programs would be used to publicize and enforce the regulation. There would be no cost to local governments.

5. Local government mandates

The proposed rulemaking would not impose any program, service, duty nor responsibility upon any county, city, town, village, school district or fire district.

6. Paperwork

With the possible exception of a slight increase in the number of citations issued by the Department during the first few months after the regulation takes effect, an increase in paperwork is not expected.

7. Duplication

The proposed regulation would not duplicate any existing State or Federal regulation.

8. Alternative approaches

Several options were considered in determining a preferred management strategy. The first option considered in the Unit Management Plan (UMP) was to do nothing and allow public use to continue as is. This alternative would not enhance protection of the environment, people seeking a wilderness experience and the adjacent property owners. The "No Action" alternative is not acceptable since it would not enhance protection of the environment, would hinder those individuals seeking a wilderness experience and is opposed by the adjacent property owners. Therefore, this option was not preferred.

A second option considered was adopting a horsepower limit, similar to that of the homeowners association. The majority of boaters currently use a motor of 10 horsepower or smaller, although there are some boaters using larger motors. A regulation could be adopted limiting the motor size to 5 or 10 horsepower. The motor size limit would reduce the size of a wake created by a motor boat and consequently reduce conflict with non-motorized users. While the motor size limit would reduce air, water and noise pollution, it would not eliminate it completely.

A third option, which is the preferred alternative, is to limit the public use of Thirteenth Lake to electric motors only. It is expected that the homeowners association would adopt a similar restriction. By limiting access to electric motors only, the noise, air and water pollution concerns on Thirteenth Lake would be eliminated. In addition, the use of electric motors would reduce the size of the wake created by boats, minimizing the potential impact on nesting loons and other boaters on the lake. The use of electric motors is feasible on this particular lake because it would provide sufficient power to traverse this relatively small lake.

A fourth alternative is to ban all boat motors from Thirteenth Lake. While this may appease many users, given that a portion of the shoreline is in private ownership, this is not a feasible alternative.

The preferred alternative limiting boat use to electric motors and motorless craft as approved in the 2005 UMP will not preclude the administrative use of fossil fueled out-board motors for search and rescue efforts and fisheries management purposes. The UMP recognized this management strategy would require the promulgation of supporting regulations to limit the use of motors.

9. Federal standard
There is no Federal standard that applies to the public use of gas powered boats on State lands.

10. Compliance schedule
The proposed regulation will become effective on the date of publication of the rulemaking in the New York State Register. No time is needed for regulated persons to achieve compliance with the regulations since compliance consists of not undertaking prohibited activities, as opposed to undertaking required activities. Once the regulations are adopted, they are effective immediately and all persons will be expected to comply with them.

Hemlock Canadice State Forest

The purpose of this regulation is to provide continuous and consistent protection to Hemlock and Canadice Lakes.

The 6,684-acre Hemlock Canadice State Forest property is very unique because it includes two Finger Lakes with largely undeveloped shorelines. These lakes have also provided drinking water to the City of Rochester for over 100 years.

This regulation became effective February 9, 2011 and appeared in the State Register on February 9, 2011:

Express Terms

Section 190.26 Hemlock-Canadice State Forest (Livingston-Ontario State Reforestation Area #1)

A new section 190.26 is added to 6 NYCRR to read as follows:

190.26 Hemlock-Canadice State Forest (Livingston-Ontario State Reforestation Area #1)

In addition to other applicable general provisions of this Part, the following requirements apply to the Hemlock-Canadice State Forest. In the event of a conflict, these specific provisions shall control.

(a) Description. For the purposes of this section, Hemlock-Canadice State Forest refers to the Phelps and Gorham Purchase in Townships 7, 8 and 9, Ranges 5 and 6, located in the Finger Lakes Region, approximately 30 miles south of the city of Rochester. The property includes two large undeveloped parcels surrounding Hemlock and Canadice Lakes, totaling 6,684 acres in the towns of Canadice, Conesus, Livonia, Richmond and Springwater in Ontario and Livingston counties, being the same lands as more particularly described in deeds conveying such lands to the People of the State of New York, on file in the Department of Environmental Conservation, Albany, NY, and duly recorded in the offices of the county clerks of Ontario and Livingston counties. Said Hemlock-Canadice State Forest shall be hereinafter referred to in this section as "state forest".

(b) In or on the state forest, it is unlawful for any person to:

(1) possess or operate a boat, ice fish, traverse the ice or water, or fish from shore on:

i. Hemlock Lake: north of the northerly boat launch, and between Boat Launch Road and Hemlock Lake; and
ii. Canadice Lake: northernmost 500 feet of the lake;

(2) operate: a mechanically propelled vessel over 17 feet in length, a mechanically propelled vessel with a motor exceeding ten horsepower, or a non-mechanically propelled vessel over 24 feet in length;

(3) flush motors, bilges, bait buckets, livewells, or wash boats, except more than 100 feet from lakes and streams;

(4) swim, bathe, water ski, tube;

(5) set, light or use a campfire, charcoal fire;

(6) camp;

(7) operate an all-terrain vehicle;

(8) operate a snowmobile, except on designated trails when there is sufficient snow cover;

(9) discharge a firearm, except for legally taking game species;

(10) transport or introduce any aquatic plant or animal into the water;

(11) introduce, use or maintain any horses, work animals or other animals;

(12) possess a domesticated pet unless it is leashed or controlled at all times;

(13) deposit any feces or animal entrails within 100 feet of any water body or water course;

(14) commit any act that may result in contamination of any portion of the lakes or streams.

More about Lands and Forests Emergency, Proposed & Recently Adopted Regulations:

• Proposed Part 193.3, Protected Native Plants - This page is a summary of the newly proposed protected native plants regulation.

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