Lands and Forests Emergency, Proposed & Recently Adopted Regulations
Emergency Firewood Regulation
Firewood Restrictions to Protect Forests from Invasive Species
The purpose of this emergency rule 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 emergency regulation is in effect for 90 days beginning June 3, 2008.
For more information, please see the Frequently Asked Questions for Firewood Regulation page. If you have any additional questions regarding this emergency firewood regulation, please call this toll-free number: 1-866-640-0652.
A Self-Issued Certificate of Source (100 kb pdf) form is required for the transport of untreated firewood for personal use, less than 50-miles from its New York source.
Emergency Firewood Regulation contact:
Bruce Williamson
NYS DEC, Bureau of Private Land Services
625 Broadway
Albany, NY 12233-4253
Telephone: (518) 402-9425
E-mail: 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.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.
Proposed Regulations
State Lands
The proposed amendment to Part 190 will protect public safety, manage public use and protect natural resources on State lands. Following is the text of the proposed regulation.
Written comments for Part 190 will be accepted through July 5th 2008 and should be directed to:
David M. Forness
NYS DEC, Bureau of State Land Management
625 Broadway
Albany, NY 12233-4255
Telephone: (518) 402-9428 (for Part 190 only)
E-mail: lf190reg@gw.dec.state.ny.us
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 land under the department's jurisdiction that is administered by the Division of Lands and Forests and the Division of Operations pursuant to but not limited to articles 9, 45, 49, 51 and 52 of the Environmental Conservation Law, including such lands as "unique areas," "State forests," "reforestation areas," "multiple use areas," "forest preserve," "environmentally sensitive lands" or 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 land to facilitate land use, including but not limited to trails, roads, bridges, ramps, buildings, sheds, lean-tos, picnic tables, permanent tree stands or permanent hunting blinds, posts, rails, fences, pipelines, oil, gas and other well structures, septic systems, fuel tanks, telephone and electric lines, mobile homes, campers, trailers, signs, docks and dams, except that tents, campers, temporary blinds and other objects related to camping, hunting and wildlife viewing shall not be considered structures for the purposes of this definition, provided that such objects are in compliance with rules and regulations governing camping and hunting on State land.
Subdivision (a) of section 190.8 is repealed and a new subdivision (a) is added to read as follows:
(a) The use of State land, other than conservation easements under the jurisdiction of the department, 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 11-0533.
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, except[ing] 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] for them, if any.
New subdivisions (r) through (gg) of section 190.8 are added to read as follows:
(r) No person shall operate or possess a snowmobile on State land outside of the forest preserve except:
(2) on frozen lakes and ponds on State land when access to same may be gained by public highways lawfully designated for snowmobile use, or by trails designated and marked by the department as a "Snowmobile Trail."
(s) No person shall operate or possess a bicycle on truck trails, roads, trails or other areas on State land outside of the forest preserve which is posted by the department as closed to bicycle use.
(t) No person shall operate or possess a mechanically propelled vessel other than an electric powered vessel on State land 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 | Long Pond | 430390 | 4696715 | 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 |
(u) No person shall enter or remain upon or use any road, trail, facility or any other area on State land that is posted 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 land which is posted by the department to prohibit campfires. Under no circumstances are campfires allowed on any truck trail, road, trail or parking area on State land.
(w) No person shall store or temporarily deposit any property on State land except pursuant to a department license or permit authorizing such activity. No person shall discard or abandon any property on State land. However, geocaches, legally placed traps during trapping season, temporary tree stands during big game season, temporary duck hunting blinds during migratory game bird season, and temporary ground blinds during bow hunting season, may be stored on State land provided the geocaches, tree stands and hunting blinds do not injure a tree and they are properly marked or tagged with the owner's name and address.
(x) No person shall erect, construct, occupy or maintain any structure on State land that is affixed to a tree by nails, screws or other means that injure or damage the tree.
(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 land, and no person shall gain access to any structure in a tree on State land by means that injure or damage the tree.
(z) No person shall launch a vessel from a trailer directly into a body of water or retrieve a vessel directly from a body of water onto a trailer on State land, which the department has posted as closed to trailer launching of boats.
(aa) The Commissioner may prohibit campfires on State land during periods of high fire danger. No person shall set or maintain a campfire in violation of such Commissioner order, except this prohibition will not apply to liquid or gaseous fuel camping stoves or lamps.
(bb) No person shall possess breakable targets, including but not limited to clay pigeons and bottles, on State land and no person shall target shoot at breakable targets, including but not limited to clay pigeons and bottles, on State land. No person shall discharge firearms on State land posted as closed to target shooting except at legal game during hunting seasons.
(cc) No person shall erect, construct, install, use, maintain or abandon any structure on State land except as authorized by the department.
(dd) On State land, no person shall sponsor, conduct or participate in any organized event of twenty or more people, except under permit from 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.
(ee) On State land, no person shall sponsor, conduct or participate in any research project 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 archeological studies.
(ff) On State land, no person shall sponsor, conduct or participate in advertising, weddings or film making and other such events, except under permit from the department.
(gg) No person shall possess paint balls or paint ball guns on State land, and no person shall sponsor, conduct or participate in any activities associated with the discharging of paint balls on State land.
Recently Adopted Regulations
Outdoor Recreation and Trail Maintenance Pin and Patch Program.
This regulation became effective October 17, 2007 and appeared in the State Register October 17, 2007.
The adoption of a new Part 198 to 6NYCRR will implement a voluntary outdoor recreation and trail maintenance pin and patch program.
Add a new Part 198 to Title 6 NYCRR to read as follows:
Outdoor Recreation and Trail Maintenance Pin and Patch Program
Section
198.1 Applicability
198.2 Purpose
198.3 Production
198.4 Price
198.5 Sale
198.6 Promotion
198.7 Disposal
198.8 Severability
§ 198.1 Applicability
The provisions of this part apply solely to the Outdoor Recreation and Trail Maintenance Pin and Patch Program. The department shall mean the New York State Department of Environmental Conservation.
§ 198.2 Purpose
The purpose of this part is to establish the procedures for the administration, sale, promotion and distribution of pins and patches to support non-motorized outdoor recreation and trail maintenance. The purchase of such pins and/or patches is voluntary and need not be possessed in order to participate in outdoor recreational activities on department managed lands.
§ 198.3 Production
(a) The department may enter into contracts for the production of outdoor recreation and trail maintenance pins, patches, associated promotional posters and for related services including, but not limited to manufacturing, distribution, promotion, marketing and sale.
(b) The department shall be solely responsible for the selection and means and method of selection of artists and art work for such outdoor recreation and trail maintenance pins, patches and associated promotional posters.
(c) Department staff shall establish the production size for each edition of such pins, patches and posters based on previous sales history and future sale expectations.
§ 198.4 Price
The Commissioner of the department shall annually set the respective sale price for each pin, patch, and associated promotional poster.
§ 198.5 Sale
(a) License issuing officers defined and designated in accordance with section 11-0713 of the Environmental Conservation Law and section 183.2 of this title may sell outdoor recreation and trail maintenance pins and/or patches, and may retain 5.5 percent of the gross proceeds from such sale. Employees of the department may sell such pins and/or patches, but may not retain 5.5 percent of the gross sale.
(b) The department may make bulk sales of such pins and/or patches to outdoor recreation retailers and educational retailers deemed to be in keeping with the purpose of this part.
(c) All monies, revenue and interest received by the department as a result of issuance and sale of outdoor recreation and trail maintenance pins, patches and/or posters, other than the amount retained by the license issuing officer, shall be deposited in a special account within the conservation fund to be known as the outdoor recreation and trail maintenance account. All such monies, revenues and interest shall be available to the department, pursuant to appropriation, exclusively for non-motorized outdoor recreation, trail maintenance, and the development and improvement of public access to outdoor recreation and trails.
(d) The department may use up to 10 percent of such revenue for the administration of this program, and is required to use at least 15 percent of such revenue for universal access to recreational opportunities for as many people as possible, regardless of age or ability.
§198.6 Promotion
(a) The outdoor recreation and trail maintenance pins and patches may be donated for auction or raffle to not-for-profit organizations supportive of the outdoor recreation and trail maintenance program upon written request. Requests for such pins, patches and associated promotional posters must be in writing on the organization's letterhead stationery, stating the organization's purpose and goals and the date of the event at which such pins and patches will be auctioned. The department reserves the right to limit or deny an organization's request for such pins and/or patches where the numbers requested exceed the available supply or where the department finds that the proposed use of such pins and patches may be inconsistent with the purposes and policies set forth in section 11-0329 of the Environmental Conservation Law.
(b) A total of no more than 100 pins and 100 patches and 100 posters from each edition will be reserved for use by, and may be made available to department staff, other state agencies, landowners and project coordinators or others who assist the department in promoting the Outdoor Recreation and Trail Maintenance Pin and Patch program. Such use of pins, patches and posters is solely for the purpose of display to the public at promotional events and to otherwise promote the program.
(c) The department in its discretion may enter into agreements permitting reproduction of the design for the pins, patches, and posters for other products when the use of such design promotes awareness of the Outdoor Recreation and Trail Maintenance Pin and Patch Program, and when each individual product contains a statement about the program.
§ 198.7 Disposal
In the event that the Outdoor Recreation and Trail Maintenance Pin and Patch Program is terminated, any such pins, patches and associated promotional posters in the possession of the department at such time may be disposed of at the department's discretion.
§198.8 Severability
If any 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 its application to other persons and circumstances.
Planting of disease-resistant or immune cultivars of the genus Ribes (currants and gooseberries)
This regulation became effective November 29, 2006.
This regulation will allow the planting of disease-resistant or immune cultivars of the genus Ribes (currants and gooseberries). Existing 6 NYCRR Part 192 will be repealed and a new 6 NYCRR Part 192 will be adopted in order to expand the agricultural production of Ribes.
This regulation will be published in the State Register on November 29th.
6 NYCRR Part 192 is hereby repealed, and a new Part 192 is adopted to read as follows:
Sec.
192.1 Certain cultivars of black currants prohibited
192.2 Immune and resistant cultivars of currants and gooseberries
192.3 Fruiting currant districts
192.4 White pine blister rust quarantine districts
§ 192.1 Certain cultivars of black currants prohibited.
The planting, growing, propagating, cultivating or selling of plants, roots, or cuttings of cultivated black currants (Ribes nigrum), other than those cultivars that are immune or resistant to white pine blister rust disease or currant rust (Cronartium ribicola) as described in Section 192.2 of this rule, is prohibited, except in designated fruiting currant districts as defined in Section 192.3 of this rule.
§ 192.2 192.2 Immune and resistant cultivars of currants and gooseberries.
(a) Certification of cultivars.
Any person wishing to plant, propagate, cultivate or sell plants, roots, or cuttings of cultivated black currants (Ribes nigrum) outside of designated fruiting districts, and any person wishing to plant, propagate, cultivate or sell plants, roots, or cuttings of any cultivated plants of the genus Ribes within designated white pine blister rust quarantine districts, must obtain written certification from the Department that the cultivar(s) to be planted are immune or resistant to white pine blister rust disease. Such certification shall only apply to the cultivar(s) and location(s) listed on the certificate, and will be valid for the life of the planting unless revoked by the Department. Persons seeking cultivar certification must submit application to the NYSDEC, Division of Lands & Forests, 625 Broadway, Albany, NY 12233-4253. Application for certification must include name, address and phone number of applicant; and name of cultivar(s) proposed for certification and locations to be planted.
(b) Grounds for certification.
The Department shall respond to all cultivar certification applications within 60 days or less from the receipt of a complete application. In reviewing applications for cultivar certification, the Department shall take into consideration relevant peer-reviewed scientific literature, the advice of expert plant pathologists and geneticists, and any topographic or climatic factors that would influence the epidemiology of white pine blister rust disease.
(c) Revocation of certification.
The Department reserves the right to revoke any certification if the plants so certified become visibly infected by white pine blister rust disease, or if it finds clear scientific evidence that the plant(s) or cultivar(s) in question pose a serious threat to the health of forests.
§ 192.3 Fruiting currant districts.
The following districts where the growing of plants of the genus Ribes (currants and gooseberries) for the production of fruit is carried on extensively, or is a potentially important commercial enterprise, are hereby designated as fruiting currant districts:
(a) All of Cattaraugus, Cayuga, Chautauqua, Columbia, Dutchess, Erie, Nassau, Niagara, Onondaga, Ontario, Orange, Putnam, Rockland, Schuyler, Seneca, Steuben, Suffolk, Tompkins, Westchester and Yates counties.
(b) In Clinton County, all of the Towns of Altona, Beekmantown, Champlain, Chazy, Clinton, Keeseville, Mooers, Peru, Plattsburgh, Rouses Point and Schuyler Falls.
(c) In Greene County, all of the Towns of Athens, Catskill, Coxsackie, Greenville and New Baltimore.
(d) In Ulster County, all of the Towns of Esopus, Gardiner, Kingston, Lloyd, Marbletown, Marlborough, New Paltz, Plattekill, Rosendale, Saugerties, Shawangunk and Ulster.
§ 192.4 White pine blister rust quarantine districts.
The bringing into, planting, possession or propagation of plants of the genus Ribes (currants and gooseberries), unless otherwise permitted as specified in section 192.2, is hereby forbidden in the following localities:
((a) All of Essex, Hamilton, Herkimer, Sullivan and Warren Counties.
(b) In Clinton, Franklin, Greene and Ulster Counties, all of the Towns not listed in section 192.3 of this title.
(c) In Delaware County, all of the Towns of Andes, Colchester, Fleischmanns, Margaretville and Middletown.
(d) In Fulton County, all of the Towns of Bleecker, Broadalbin, Caroga, Mayfield, Northampton and Stratford.
(e) In Lewis County, all of the Towns of Croghan, Diana, Greig, Harrisville, Lyonsdale and Watson.
(f) In Oneida County, all of the Town of Forestport.
(g) In St. Lawrence County, all of the Towns of Clare, Clifton, Colton, Fine, Hopkinton, Parishville and Piercefield.
(h) In Washington County, all of the Towns of Dresden, Fort Ann and Putnam.
Operation of Mechanically Propelled Vessels and Aircraft in the Forest Preserve
This regulation became effective April 19, 2006.
1. Paragraphs (1), (2) and (3) of subdivision (b) of 6 NYCRR Section 196.4 are amended to read as follows:
(b) Notwithstanding the prohibitions set forth in subdivision (a) of this section:
(1) the use of mechanically propelled vessels and aircraft is permitted on water bodies specified in [subdivision (a)] subdivisions (a) and (d) of this section by or under the supervision of appropriate officials, in cases of sudden, actual and ongoing emergencies involving the protection or preservation of human life or intrinsic resource values, such as search and rescue operations, forest fires, or oil spills or similar, large-scale contamination of water bodies;
(2) the use of aircraft by administrative personnel on the water bodies specified in [subdivision (a)] subdivisions (a) and (d) of this section is permitted upon the written approval of the Commissioner for a specific major administrative, maintenance, rehabilitation, or construction project if that project involves conforming structures or improvements, or the removal of non-conforming structures or improvements, provided that such use of aircraft will be confined to off-peak seasons for the area in question and normally will be undertaken at periodic intervals of three to five years, unless extraordinary conditions, such as fire, major blow-down or flood, mandate more frequent work or work during peak periods;
(3) the use of aircraft on the water bodies specified in [subdivision (a)] subdivisions (a) and (d) of this section is permitted for a specific major research project conducted by or under the supervision of a state agency if such project is for purposes essential to the preservation of wilderness values and resources, no feasible alternative exists for conducting such research on other state or private lands, such use is minimized, and the project has been specifically approved in writing by the Commissioner after consultation with the Adirondack Park Agency;
2. A new subdivision (d) of 6 NYCRR Section 196.4 is added to read as follows:
(d) 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.
Wilderness Areas in the Adirondack Park
This regulation became effective January 18, 2006.
This recently adopted regulation amends Title 6 NYCRR Section 190.13. This change removes the requirement that day users possess a self-issuing permit in wilderness areas in the Adirondack Park in the Eastern High Peaks Zone.
Paragraph (2) of subdivision (f) is repealed and a new paragraph (2) of subdivision (f) is added to read as follows:
In addition to the requirements of paragraph (1) of this subdivision, no overnight camper in the Eastern High Peaks Zone shall fail to possess a self-issuing permit.
Camping Opportunities for Persons with Disabilities
This regulation became effective February 15, 2006.
The final rulemaking includes the addition of a new paragraph (10) of subdivision 190.0(b) that defines a person with a disability and adoption of a new subdivision (f) of section 190.3 of 6NYCRR.
The changes to the regulations provide camping opportunities for persons with disabilities.
This action amends title 6NYCRR section 190.0 entitled "Introduction" by adding (b)(10) to establish a definition of "person with a disability". In addition, it amends title 6 NYCRR section 190.3 entitled "camping sites" by adding (f) enabling the department to designate certain camping sites for the exclusive use of persons with a disability and their associated camping group.
