Temporary Revocable Permit Policy
Note: This policy was reformatted to fit the DEC policy template used for web posting. The Temporary Revocable Permit (TRP) application form can be accessed through the related links section located in right-hand column of this page.
Department ID: Title 8400, Chapter 8420 State Forests
Issuing Authority: Henry G. Williams, Commissioner
Originating Unit: Division of Lands and Forests
Signature: Henry G. Williams
Issuance Date: revised July 31, 1986
I. Summary:
This policy provides a mechanism for permitting the temporary use of State lands within stated guidelines and legal constraints while at the same time ensuring the protection of such lands and their associated resources against damage or inappropriate use.
II. Policy:
It shall be the policy of the Department of Environmental Conservation to issue permits for the temporary use of State lands if in the opinion of the Department, such use is within applicable legal parameters, is compatible with the existing resource and its management objectives and is in accordance with stated guidelines and policy.
A. Definitions.
For the purposes of this policy guideline, the following definitions shall apply:
Temporary Revocable Permit. A permit for use of State land which is temporary in nature and which will not result in an unreasonable or permanent diminution of the natural values and characteristics of such land.
Regional Land Manager. The senior program person to whom a given parcel is assigned for management in a region; e.g., Regional Wildlife Manager, Regional Forester, Bureau of Marine Habitat Protection Section Head, Regional Operations Supervisor, etc.
Central Office. Program Division Director or his designee.
B. Activities or Uses Which May be Permitted on State Lands.
The following are examples of activities or uses which may be allowed on State land under a temporary revocable permit. Each request or application for such a permit will be considered separately giving consideration to the limitations of the area and consistency with the management objectives and goals for the State lands involved.
1. Transportation of materials across State lands using existing roadways, farm roads, traditional beach access trails and the like.
2. Short-term ingress and egress to private property across State lands using existing roadways.
3. Projects or activities accomplished or sponsored by volunteer or student organizations or groups.
4. Maintenance of existing utility lines when work to be undertaken will have no significant impact on the area resources.
5. Training by and for military units and other short term military exercises.
6. Removal of dead or hazardous trees along roads, utility lines and private property boundaries.
7. Research projects related to the natural resources of the area, including those requiring approval of the State Museum.
8. Organized group recreational and/or sports activities.
9. Survey projects, including land, seismic, geodetic, and mineral surveys and the like, including those requiring approval of the State Museum.
10. Public road maintenance.
11. Installation and maintenance of recreational trails or other outdoor recreational facilities.
C. Activities or Uses Specifically Prohibited.
1. Temporary revocable permits will not be issued for purposes which would constitute exclusive use of State land, exclude public use or interfere with the normal administration of the land by the Department.
2. Temporary revocable permits will not be issued for purposes which would compromise the State's title to the land or change the mandated use of the land.
3. Temporary revocable permits will not be issued for the construction or installation of permanent facilities including roads, bridges, trails, structures, towers, utility lines, etc., unless such installation or construction is deemed to be of benefit to the People of the State, is approved by the Department, is consistent with the objectives for the area, with the provisions of any master plan or unit management plan affecting the area and with any applicable statutes.
4. The establishment of or use of a roadway by motor vehicles across State land as a permanent route of ingress and egress is prohibited except where an easement or other legal encumbrance to the State's title exists.
5. Temporary revocable permits will not be issued for any activity or purpose that is inconsistent with applicable statute of rules and regulations.
6. Temporary revocable permits may be denied, revoked or suspended by the Department at any time with due cause.
D. Liability Insurance.
1. General. Each permittee will be required to indemnify the State of New York against any and all claims for injury to property or person or death arising out of the operations of the permittee under the permit. Such indemnification shall be in the form of liability insurance in limits prescribed by the Department. Such coverage can be obtained through a policy held by the Department and can be extended at the request of the permittee to cover those permits that do not involve construction or competitive activities.
Permits will not become effective until proof of required insurance coverage is received by the Department.
2. Permits Involving Construction or Competitive Activities. A separate liability insurance policy shall be required for those projects which involve construction or competitive activities. Construction is defined as any activity which physically alters the environment. Examples of construction include the moving or removal of soil or rock, the cutting and moving of trees and the installation of permanent stream crossing devices such as bridges or culverts. Generally speaking, the installation of new trails will involve construction activities and requires a separate liability policy. The maintenance of existing trails that requires only light brushing and clearing is not considered as a construction activity and separate liability insurance is not required.
Examples of competitive activities are archery tournaments, mountain bike races, and organized horse trail rides.
For these activities, the permittee shall procure liability insurance that will protect the Department of Environmental Conservation and the People of the State of New York, its officers and employees from any claim for damages to property and for bodily injuries, including death, which may arise from execution of the permit. Policies or certificates of insurance shall be received by the Department at its Albany office with full premiums paid before commencement of any activity by the permittee. All policies or certificates shall name the People of the State of New York, the Department of Environmental Conservation and its officers, and employees, as additional insured and shall be subject to the approval of the Department for adequacy and form of protection. All liability policies shall provide minimum limitations of One Hundred Thousand Dollars ($100,000) for one person and Three Hundred Thousand Dollars ($300,000) for more than one person killed or injured in any one accident, and Five Thousand Dollars ($5,000) for damage to property. Permits will not become effective until proof of required insurance coverage is received by the Department.
3. Student Work Projects. A certificate of insurance is required for those permits involving student work projects. If construction activities are involved, proof of liability insurance shall be required as stated above.
4. Other. Utility companies and government agencies are required by law to hold liability insurance. They will be required to extend such protection to the Department and provide proof of such extension prior to issuance of a permit.
III. Purpose and Background:
The Department exercises jurisdiction over approximately three and one-half million acres of State-owned Lands. These lands consist mainly of acreage designated or classified as State forests, forest preserve, reforestation areas, multiple-use areas, wildlife management areas, unique areas, fishing access sites and tidal wetlands. The lands are bounded by land owned by private individuals or organizations, public utilities or other governmental agencies.
It may be necessary from time to time for adjacent landowners to temporarily use portions of the State land for access to their own land. There are also occasions when it is in the best interest of the State to grant permission for the temporary use of the State Lands to individuals or organizations to carry out projects and activities which are appropriate to such land.
In order to standardize and facilitate the issuance of permits for the temporary occupancy or use of these State lands, the following policies and procedures are set forth. Authority for the issuance of temporary use permits is provided by Articles 9 and 11 of the Environmental Conservation Law for forest preserve, reforestation areas and wildlife management areas and Article 51 of the Environmental Conservation Law for tidal wetlands. The provisions of Article 3 of the Environmental Conservation Law provide the general authority to issue such permits for other lands. However, deed restrictions or other legal considerations may prevent or constrain the issuance of such permits.
IV. Procedure:
A. Guidelines for Issuance.
In order to protect the natural resources from damage and/or protect the public health and welfare, the permitted use of State land will be restricted by appropriate and specific conditions stated in the permit.
1. All requests for permits for the temporary use of State land or renewals of such permits must be made on form No. 81-19-5, Application for Revocable Permit for the Temporary Use of State Land at least 30 days prior to the anticipated use. No application will be considered by the Department until complete. (See Exhibits 1-1 and 1-2)
2. Permits shall be issued for a period not to exceed one year.
3. A twenty-five dollar ($25.00) non-refundable inspection fee made payable to the State of New York must accompany all applications for temporary revocable permits. Educational institutions and State, County and local governments and their political subdivisions are exempt from this fee. Not-for-profit and other organizations as approved by the Regional Land Manager are exempt from this fee if it is deemed that the project to be done by the organization is one that the State would normally otherwise undertake.
4. Each temporary revocable permit shall caution against damage to State land, State facilities or boundary or survey markers. The Department may require a form of security or financial responsibility acceptable to the Department from the permittee, conditioned upon compliance with the terms of the permit issued to such permittee.
5. No vegetation shall be disturbed or cut without specific authorization from the Regional Land Manager. Each tree 3" DBH and larger permitted to be cut or damaged will be marked and tallied by species, size, and condition. The tally shall be made a part of the permit when issued.
6. The use of explosives, fire, and herbicides will be permitted on State land only in accordance with applicable law, regulation and policy.
7. New recreational facilities such as trails, bridges, lean-tos, parking areas or any other structure or permanent improvement shall be permitted on State land only if they are determined to be of benefit to the People of the State of New York and in keeping with the unit management plan for the area and any governing statute. All such facilities shall be constructed in accordance with established Department standards, and be approved by the Regional Land Manager.
8. Whenever an application for a revocable permit for the temporary use of State land is made that may impact any stream or wetland defined as regulated in Articles 15, 24, and 25 of the Environmental Conservation Law, the applicant must obtain the appropriate permit under such Articles prior to the issuance of the temporary revocable permit.
9. Government agencies (state, county, town, municipality, school districts, BOCES, etc.) must comply with State Environmental Quality Review (SEQR) standards and requirements before a temporary revocable permit is issued by this Department.
10. Group or organizational activities may require consideration of water and sanitation needs. In such situations, the application may require approval of the County Health Department or, if the county involved does not have a health department, then approval by the appropriate district office of the State Health Department may be required.
11. The application and the permit must be specific as to the location. The land area used under the permit must be defined and located by an adequate sketch map. Such sketch map will be made part of the permit.
B. Application and Field Inspection Procedure.
1. The applicant must complete the application form No. 81-19-5 according to the instructions printed on the back of the form (See "Appendix A"). The Regional Land Manager may assist the applicant in completing the form.
2. Three copies of the application form, the sketch map, and the non-refundable inspection fee (if required) must be received by the Regional Land Manager, who shall date their receipt, record whether the application is for a new permit or is a renewal, and determine whether the application is complete.
3. The Regional Land Manager shall determine whether or not liability or other insurance is required and, if so, notify the applicant to supply the appropriate certificate of insurance.
4. The Regional Land Manager shall arrange to have a field inspection conducted. Based on the results of this inspection he shall determine if the proposed use of State land will be in compliance with applicable statues, regulation and policy. He shall formulate conditions or restrictions as appropriate to be included in the permit. He shall notify the applicant if other permits will be required.
5. If the Regional Land Manager recommends that the application be approved, he shall so indicate in the appropriate space on the application and sign it.
6. If the Regional Land Manager does not recommend approval, he shall so indicate on and sign the application and notify the applicant of the disapproval by letter for the Regional Director's signature. In the case of tidal wetlands, such letter of disapproval shall be prepared for signature by the Bureau Chief of Marine Habitat Protection.
C. Permit Issuance Approvals.
1. Routine Permits. The following are considered to be examples of routine permits and may be issued directly by the Regional Director without prior approval from Central Office:
a. Transportation of materials across State land over existing roadways, farm lanes, traditional beach access trails and the like.
b. Short-term ingress and egress (i.e. a two-week maximum period for seasonal opening and closing of a property) to private property across State lands using existing roadways.
c. Projects or activities accomplished or sponsored by volunteer or student organizations or groups, including field trials on designated areas or sites.
d. Utility line maintenance that will have no significant impact on the environment.
e. Military training and exercises that will have no significant impact on the environment.
f. Removal of dead or hazardous trees along roads, utility lines and private property boundaries.
g. Installation and maintenance of recreational trails or other outdoor recreational facilities in conformance with a unit management plan.
h. All permits affecting the Forest Preserve and those involving organized group recreational or sports activities must be reviewed by the Central Office prior to issuance. The Central Office shall have ten (10) days following the receipt of the proposed permit to conduct such review and to notify the Regional Land Manager and/or the Regional Director of any changes, amendments, deletions, additions, etc.
2. Non-Routine Permits. The following are considered to be examples of permits that are not routine and must receive prior approval from Central Office before returning to the Regional Director for issuance:
a. Research projects related to the natural resources of the area, including those that must be approved by the State Museum.
b. Survey projects, including land, seismic, geodetic and mineral surveys and the like including including those that must be approved by the State Museum.
c. Public road maintenance and public road relocation or realignment when in accordance with the provisions of Chapter 488 of the Laws of 1937 and when applied for utilizing the proper form.
d. All permits affecting tidal wetlands shall be referred to Central Office.
D. Procedure for Permit Issuance.
1. If the Regional Land Manager approves the application, he shall prepare three copies of a complete TRP using form No. 81-20-3, Temporary Revocable Permit for the Use of State Land. (See Exhibits 2-1 and 2-2)
2. If the permit is not routine, the Regional Land Manager shall forward three copies each of the permit, the application, the sketch map and the certificate of insurance (if required) to the central office. If approved by central office, this package will be returned to the regional office for the Regional Director's signature on Form No. 81-20-3. One copy each of the TRP, the application, the sketch map and the certificate of insurance (if required) will then be returned for central office files, one copy of each will be retained by the region and one copy of each will be sent to the permittee. If central office denies approval, the Regional Director shall be so notified in writing giving the reason for disapproval. In the case of a permit involving tidal wetlands such permit will be submitted to the Chief, Bureau of Marine Habitat Protection, for signature.
3. If the permit is routine, the Regional Land Manager shall then forward the three copies each of the permit, the application, the sketch map and the certificate of insurance (if required) to the Regional Director for signature. When signed, a copy of each will be sent to the permittee and to the Central Office. A copy of each will be retained for the regional office files. In case of a permit involving tidal wetlands, such permit will be submitted to the Chief, Bureau of Marine Habitat Protection for signature.
4. The Regional Land Manager will provide a copy of the permit and the sketch map to the Forest Ranger in whose district the permitted activity is located or, in the case of wildlife management areas, tidal wetlands, fishing access sites, etc., to the local Environmental Conservation Officer.
E. Permit Expiration.
The Regional Land Manager is responsible for inspecting the State land involved for the duration of the permit. Upon satisfactory completion or expiration of the permit, the Regional Land Manager will notify the permittee by completing the Notice at the bottom of the permit and sending a copy to the permittee. If the permittee has not satisfactorily completed the permit or its conditions, the Regional Land Manager shall take the appropriate actions to insure that conditions are met within a reasonable time.
F. Permit Renewals or Extensions.
1. Permits should be renewed or extended only in the case of extenuating circumstances or if the Department determines that continuance of the temporary use is in the public interest and is otherwise consistent with statutes, regulation and policy.
2. Request for renewal or extension must be made at least 30 days prior to the expiration date of the permit. Requests prior to the expiration of the permit shall not require the inspection fee. Requests made after the expiration date shall be considered as new applications and be handled accordingly.
3. Permits that have not been exercised shall be deemed to have expired at the end of the term of the permit and will not be renewed or extended.
4. Permits that are extended or renewed may be so extended or renewed by a letter signed by the Regional Director in the case of routine permits and signed by the Regional Director and appropriate central office staff in the case of non-routine permits. In both cases if tidal wetlands are involved, the signature shall be of the Chief, Bureau of Marine Habitat Protection.
V. Related References:
NYS DEC Policies and Procedures Manual; Title 8400 - Public Land Management;
Chapter 8420 - State Forests; 8426.01 - 8426.12-5 - Temporary Revocable Permits for the Use of State Land; October 1, 1981.
