Lands and Forests Emergency, Proposed & Recently Adopted Regulations
Emergency Regulations
Hemlock-Canadice State Forest
This regulation is in effect as of June 29, 2010.
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.
For more information about this regulation, please contact:
David Forness
Bureau of State Land Management
518-402-9428
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:
ii. Canadice Lake: northernmost 500 feet of the lake, and Canadice Outlet Creek and adjacent property within one mile of intersection with Route 15A;
Proposed Regulations
There are currently no proposed regulations.
Recently Adopted Regulations
Salmon River Falls Unique Area
Salmon River Falls Unique Area is a popular tourist destination which contains a beautiful 110 foot waterfall and the scenic Salmon River gorge. It also contains rugged terrain, including cliffs, and two rare and endangered species. When the Department acquired this property in 1993 it also had a long history of misuse including excessive littering, graffiti and under-aged drinking parties, which ended too often with serious injuries and in some cases fatalities. Following a public meeting in 2003, a series of restrictions were posted and enforced on Salmon River Falls Unique Area to reduce resource damages and reduce the incidence of serious injuries and fatalities. These restrictions have been effective and will now be enhanced by this proposed amendment to 6 NYCRR Section 190.10.
This regulation became effective July 7, 2010 and appeared in the State Register on July 7, 2010.
Express Terms (Underlined text is new, Text in [ ] is being removed )
Section 190.10 Unique Areas
A new subdivision (e) is added to 6NYCRR section 190.10 to read as follows:
(e) Salmon River Falls Unique Area Description: For the purposes of this section, Salmon River Falls Unique Area refers to all those State lands lying and situated in the Town of Orwell, Oswego County, being a portion of Lots 73 and 74 of Township 11 of Constable's Purchase, the same lands as more particularly described as project "OS - Oswego 95.08, Salmon River Falls Parcel" in Liber 1237 of Deeds on Pages 215, 216 and 217. Said Salmon River Falls Unique Area shall be hereinafter referred to in this section as "area".
- The area is closed to any and all public use of any kind between the hours of sunset and sunrise.
- The possession of alcoholic beverages, glass containers, except for prescription medications and paint are prohibited on the area.
- Campfires and rock climbing are prohibited on the area.
- No person shall throw or cast any object or item into the river gorge on the area.
- Motorized vehicles, snowmobiles and horses are prohibited on the area.
- A restricted area has been established which includes the cliff face of the waterfalls and adjacent gorge; a 15 foot strip along the cliff edge; the plunge pool and falling rock zone. All public access is prohibited in the restricted area.
- The Gorge Trail is closed to the public from November 15th to May 1st, except to registered ice climbers.
- The Gorge Trail, Riverbed Trail and Upper Falls Trail is closed during high water events.
Public Use of Zoar Valley Unique Area and Zoar Valley Multiple Use Area.
Zoar Valley Multiple Use and Unique Areas contain some of the most scenic, ecologically diverse and potentially sensitive environmental areas in western New York. The Cattaraugus Creek gorge is flanked by vertical cliffs ranging over 200 feet high in places. The amendment to 6 NYCRR Section 190.10 and 190.25 has been established to protect sensitive sites and to provide for public safety.
This regulation became effective on June 9, 2010 and appeared in the State Register on June 9, 2010.
Express Terms (Underlined text is new, Text in [ ] is being removed )
6 NYCRR Section 190.10 is amended to read as follows:
Subdivision (a) of 6 NYCRR section 190.10 is amended to read as follows:
(a) Applicability. [Unless otherwise specified, sections 190.0, 190.1, 190.2, 190.3, 190.4, 190.8 and 190.9 of this Part apply to all unique areas administered by the Division of Lands and Forests.] All unique areas are posted as such; descriptions of each unique area are available at the central and regional offices of the Department of Environmental Conservation. Specific regulations for individual unique areas are set forth in the following subdivisions of this section and supersede the general regulations enumerated in this [subdivision] Part in the event of a conflict.
New subdivision (d) of section 190.10 is added to read as follows: (d) Zoar Valley Unique Area. Specific regulations for Zoar Valley Unique Area are included in section 190.25.
6 NYCRR section 190.25 Zoar Valley Multiple Use Area is amended to read as follows:
Section 190.25 Zoar Valley Multiple Use Area including Zoar Valley Unique Area
6 NYCRR section 190.25 subdivision (a) is amended to read as follows:
(a) [Description] Applicability. For purposes of this section, Zoar Valley Multiple Use Area including Zoar Valley Unique Area means all those State lands, excluding East Otto State Forest, lying and situated in the Towns of Otto and Persia, Cattaraugus County, and the Town of Collins, Erie County, including a five-mile segment of Cattaraugus Creek and a two-mile segment of the south branch of Cattaraugus Creek, and being the same lands as more particularly described in several deeds conveying said 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 office of the County clerk of the County of Cattaraugus and the office of the County clerk of the County of Erie, respectively. Said Zoar Valley Multiple Use Area including the Zoar Valley Unique Area shall be hereinafter referred to in this section as "area." The provisions of this section shall not apply to, and the references hereinafter to the "area" shall not include, the detached parcel of Zoar Valley Multiple Use Area, generally located between Wickham Road and Forty Road. The provisions of this section shall supersede the general regulations enumerated in this Part in the event of a conflict.
Subdivisions (b) through (e) remain unchanged.
Repeal subdivision (f) of 6 NYCRR section 190.25 and adopt a new subdivision (f) as follows:
(f) No fires shall be permitted in the area.
Subdivisions (g) and (h) remain unchanged.
Subdivision (i) is amended to read as follows:
(i) No person shall bathe[,] or swim [or wade] in any of the waters flowing or standing through or on the area.
Subdivisions (j) through (o) remain unchanged.
New subdivisions (p) and (q) of 6 NYCRR section 190.25 are added to read as follows:
(p) No person shall possess or carry alcoholic beverages or glass containers, except for prescription medicines.
(q) No bicycles, skateboards or similar equipment, horses or other work animals shall be permitted in or on the area, except on Town or County roads therein, or as permitted on roads and parking areas designated and marked for motor vehicle use by the Commissioner.
Operation of Motorized Vehicles, Vessels, Aircraft and Motorized Equipment in the Forest Preserve
This amendment to Part 196 protects the wilderness qualities of Forest Preserve areas classified as wilderness, primitive, canoe, and primitive bicycle corridor by restricting the use of motorized equipment in these areas.
This regulation became effective on March 10, 2010 and appeared in the State Register on Wednesday, March 10, 2010.
6 NYCRR Section 196.8 Express Terms
The title to Part 196 is amended to read as follows:
OPERATION OF MOTORIZED VEHICLES, VESSELS,[AND] AIRCRAFT AND MOTORIZED EQUIPMENT IN THE FOREST PRESERVE
A new section 196.8 is added to 6 NYCRR to read as follows:
§196.8 Operation of motorized equipment in wilderness, primitive, primitive bicycle corridor and canoe areas within the Adirondack and Catskill Parks.
(a) Applicability. This section applies to all state owned lands in the Adirondack Park which are classified as wilderness, primitive and canoe by the Adirondack Park Agency. These lands are depicted on the New York State Department of Environmental Conservation Adirondack Forest Preserve Land Classifications Map, 2010. This section also applies to all state owned lands in the Catskill Park which are classified as wilderness or primitive bicycle corridor by the department. These lands are depicted on the New York State Department of Environmental Conservation Catskill Forest Preserve Land Classifications Map, 2010.
(b) No person or employee of a city, village, town or county government agency or employee of a state government agency other than the department shall possess or operate motorized equipment within the boundaries of an area of state land classified as wilderness, primitive, or canoe in the Adirondack Park, or an area of state land classified as wilderness or primitive bicycle corridor in the Catskill Park, except at times and locations and for purposes authorized by the department or in the performance of activities authorized by an easement or use reservation on lands subject to such easement or use reservation.
(c) The New York State Department of Environmental Conservation Adirondack Forest Preserve Land Classifications Map, 2010 and Catskill Forest Preserve Land Classifications Map, 2010 are available from and published by the New York State Department of Environmental Conservation, 625 Broadway, Albany, New York and on file at the New York State Department of Environmental Conservation Central Office and Regions 3-6 Regional and Sub-Offices.
Operation of Motorized Vehicles, Vessels, Aircraft and Motorized Equipment in the Forest Preserve
The Final 2009 Bog River UMP Amendment/SEIS directs the Department in consultation with APA to promulgate new regulations to allow for continued floatplane access by permit to Lows Lake for three years, with a "sunset" date of December 31, 2011. After that date, all public float plane access to Lows Lake will be prohibited. The permit system will establish the following restrictions on float plane access:
- All commercial float planes will be required to obtain a permit to land and takeoff on Lows Lake;
- Commercial float plane flights into Lows Lake will be limited to 165 flights for each flying season (May through November). This will ensure that the total number of allowable commercial flights into Lows Lake will not exceed the average total commercial flights that were made between 2005 and 2007;
- No more than 35 flights per month will be allowed by all commercial operators combined;
- At the end of each flying season, each float plane operator will provide the Department with copies of flight records to Lows Lake for that season so that compliance with these conditions can be verified;
- Commercial float plane operators will be prohibited from storing canoes or other equipment on Forest Preserve lands at Lows Lake.
The Department will periodically evaluate operator compliance with the permit conditions.
This regulation became effective on February 17, 2010 and appeared in the State Register on February 17, 2010.
6 NYCRR Subdivisions 196.4(d) and (e)
Lows Lake
Subdivision (d) of Section 196.4 of 6 NYCRR is amended to read as follows:
(d) Lows Lake
(1) It is unlawful for any person to possess or operate mechanically propelled vessels on Lows Lake, located in the Town of Long Lake, Hamilton County and the Towns of Clifton and Colton, St. Lawrence County, including those expanses of water connected to the main body of Lows Lake, commonly known as Grass Pond, located in the Town of Clifton in St. Lawrence County, and Tomar Pond, located in the Town of Long Lake, Hamilton County. Nothing herein shall prohibit littoral landowners on Lows Lake, or guests of such littoral landowners, from possessing or operating a mechanically propelled vessel on such water bodies.
(2) It is unlawful for any operator of a commercial float plane to land on or takeoff from Lows Lake except by permit from the Department as provided in paragraphs (4) and (5).
(3) Definitions. As used herein, the terms set forth below shall have the following meanings:
(i) "operator of a commercial float plane" shall mean a person engaged in the business of operating a float plane for private revenue, including any person operating a float plane as an employee or contractor of such business.
(ii) "flight" shall mean a single occasion of landing and taking off.
(iii) "flying season" shall mean May 1 through November 30.
(iv) "permit" shall mean a Temporary Revocable Permit issued by the Department pursuant to Article 9 of the Environmental Conservation Law.
(4) Permits.
(i) Commercial float plane operators can obtain an application for a permit to fly into Lows Lake by contacting the person listed below:
Regional Forester
New York State Department of Environmental Conservation
Region 6
317 Washington Street, Watertown, NY 13601
(315) 785-2610.
(ii) Permit applications shall be submitted to the contact person listed above at least thirty (30) days prior to commencement of the flying season.
(iii) Permits issued by the Department pursuant to this subdivision shall be effective for a single flying season and shall expire at the conclusion of that flying season.
(5) Permit conditions. Each permit issued by the Department shall be subject to the following conditions:
(i) The maximum number of flights by all commercial float plane operators combined into Lows Lake shall not exceed one hundred sixty-five (165) flights in any single flying season.
(ii) The maximum number of flights by all commercial float plane operators combined into Lows Lake shall not exceed thirty-five (35) flights in any single calendar month.
(iii) It is unlawful for any commercial float plane operator to store canoes or other equipment on Forest Preserve lands at Lows Lake.
(iv) Within thirty (30) days after the conclusion of the flying season, each commercial float plane operator possessing a permit for access to Lows Lake shall provide the Department with copies of flight records for all flights to Lows Lake for that season by delivering or mailing such records to:
Regional Forester
New York State Department of Environmental Conservation
Region 6
317 Washington Street, Watertown, NY 13601
(315) 785-2610
(6) This subdivision (d) shall expire on December 31, 2011.
A new subdivision (e) of 6 NYCRR Section 196.4 is added to read as follows:
(e) It is unlawful for any person to possess or operate mechanically propelled vessels or aircraft on Lows Lake, located in the Town of Long Lake, Hamilton County and the Towns of Clifton and Colton, St. Lawrence County, including those expanses of water connected to the main body of Lows Lake, commonly known as Grass Pond, located in the Town of Clifton, St. Lawrence County, and Tomar Pond, located in the Town of Long Lake, Hamilton County. Nothing herein shall prohibit littoral landowners on Lows Lake, or guests of such littoral landowners, from possessing or operating a mechanically propelled vessel or aircraft on such water bodies. This subdivision shall become effective on January 1, 2012.
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 Corners Pond 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.
(c) Restrictions on Transport, Sale and/or Possession of Untreated Firewood within New York 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.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.
