Current through Register Vol. 46, No. 39, September 25, 2024
(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 Part.
(b) Definitions. As used in this Chapter, the
following words shall have the indicated meanings:
(1) Bicycle shall mean a vehicle with two or
more wheels, a steering handle, a saddle seat, or seats and pedals by which it
is propelled.
(2) Camp shall mean
any form of temporary shelter, including but not limited to a tent, motor home
travel trailer, mobile home, or the use of any vehicle for shelter or
sleeping.
(3) Commissioner shall
mean the State Commissioner of Environmental Conservation.
(4) Conservation easement means an easement,
covenant, restriction or other interest in real property, which limits or
restricts development, management or use of such real property for the purpose
of preserving or maintaining the scenic, open, historic, archaeological,
architectural, or natural condition, character, significance or amenities of
the real property in a manner consistent with the public policy and purpose set
forth in section
49-0301 of the Environmental
Conservation Law.
(5) Department
means the New York State Department of Environmental Conservation.
(6) Environmentally sensitive lands means
State lands of exceptional scenic beauty, exceptional forest character, open
space, pine barrens, trailways, unique character or public access acquired
under the authority of section
52-0701 of the Environmental
Conservation Law.
(7) Mechanically
propelled vessel shall mean any boat or other vessel for transporting
personnel, supplies or material on water, which incorporates a motor or engine
of any type for propulsion.
(8)
Motor vehicle shall mean a device for transporting personnel, supplies or
material incorporating a motor or an engine of any type for propulsion, and
with wheels, tracks, skids, skis, air cushion or other contrivance for
traveling on or adjacent to land, water or ice. It shall include such vehicles
as automobiles, trucks, jeeps, all-terrain vehicles, duffel carriers, snowcats,
bulldozers and other earth-moving equipment, but shall not include
snowmobiles.
(9) Motorized
equipment means machines not designed for transporting people, supplies or
material, or for earth moving but incorporating a motor, engine or other
nonliving power source to accomplish a task, such as, but not limited to, chain
saws, brush saws, rotary or other mowers, rock drills, cement mixers, and
generators.
(10) Person with a
disability for the purposes of this Part shall mean a person with a physical
impairment that substantially limits one or more of the major life activities
of such individual.
(11) Public
campgrounds means any intensive use area designated as a public campground,
operated by the Department of Environmental Conservation, where a user fee is
collected for public use. Public campgrounds also include the following special
facilities: Lake George Beach Park, Lake George Battlefield Park, Prospect
Mountain Veterans Memorial Highway, Fourth Lake Picnic Area and Hinckley
Reservoir Picnic Area.
(12)
Self-issuing permit means a department form which is filled out by visitors at
trailhead register boxes or is issued by a department employee, the original of
which is deposited in the register box and a copy of which is carried by the
visitor. Such permits may include information on rules and regulations, safety,
and general backcountry guidelines.
(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.
(14) Unique area
means State lands acquired under the authority of section
51-0701
(3) of the Environmental Conservation
Law.
(15) Wilderness area means a
unit of State land in the Adirondack Park or Catskill Park which is classified
as wilderness by the Adirondack Park State Land Master Plan or Catskill Park
State Land Master Plan, respectively.