Current through Register Vol. 46, No. 39, September 25, 2024
(a) Applicability. Unless otherwise
specified, sections
190.0 through
190.6 and sections
190.8 through
190.9 of this Part apply to all
units of State land in the Adirondack Park which are classified as wilderness
by the Adirondack Park State Land Master Plan. In addition, specific
regulations for individual wilderness areas in the Adirondack Forest Preserve
are set forth in this section. In case of a conflict between a provision of
this section and a provision of sections
190.0 through
190.6 and sections
190.8 through
190.9 of this Part, or a provision
of Part 196 of this Title, the provision of this section shall apply.
(b) Definitions. As used in this section, the
following terms shall have the indicated meanings:
(1) Adirondack Canoe Route Zone means the
strip of land within the High Peaks Wilderness Area which is situated within
500 feet of the mean high water mark of the eastern shore of Long Lake and the
Raquette River.
(2) Bear-resistant
canister means a commercially made container constructed of solid, non-pliable
material manufactured for the specific purpose of resisting entry by
bears.
(3) Campfire means an
outdoor fire for warmth, cooking, repelling insects, or aesthetics, but shall
exclude stoves using fuels other than wood.
(4) Eastern High Peaks Zone means that
portion of the High Peaks Wilderness Area located to the east of the ridge line
immediately west of the Indian Pass Trail.
(5) High Peaks Wilderness Area means those
lands in the Towns of Keene, North Hudson, Newcomb and North Elba, Essex
County; Harrietstown, Franklin County; and Long Lake, Hamilton County described
in the most current copy of the "Adirondack Park Land Use and Development Plan
Map and State Land Map" on file in the offices of the Adirondack Park Agency.
The High Peaks Wilderness Area shall include the Adirondack Canoe Route Zone,
the Western High Peaks Zone, and the Eastern High Peaks Zone.
(6) Overnight camper means a person who stays
or intends to stay in the Eastern High Peaks Zone during the night.
(7) Primitive tent site means a tent site of
an undeveloped character providing space for not more than three tents, which
may have an associated pit privy and fire ring, designed to accommodate a
maximum of eight people on a temporary or transient basis, and located so as to
accommodate the need for shelter in a manner least intrusive on the surrounding
environment. A primitive tent site shall be designated by an official
department sign or disk.
(8) South
Meadows-Flowed Lands Corridor shall mean that portion of the High Peaks
Wilderness Area which is generally located between the McIntyre Range on the
west and Mt. Marcy on the east and between South Meadows on the north and the
State land boundary on the south, and which is more specifically described as
follows: beginning at a point on Heart Lake Road (County Road 34) which is one
half mile north of the intersection of Heart Lake Road and South Meadows Road;
then running easterly in a line that is one half mile north of and parallel to
South Meadows Road until it reaches the end of such road; then running
southeasterly in a line that is one half mile northeast of and parallel to the
Klondike Trail until it reaches a point which is one half mile northeast of
U.S.G.S. benchmark 2567 on the Klondike Trail; then running southwesterly in a
straight line to such benchmark; then continuing in a southwesterly direction
to the ridge line which leads to the summit of Phelps Mountain; then running
southerly up such ridge line to a peak northeast of the summit of Phelps
Mountain; then running the ridge line from such peak to the summit of Phelps
Mountain; then running generally southerly along the ridge line leading from
the summit of Phelps Mountain over the summits of Table Top Mountain, Little
Marcy, Mt. Marcy, Mt. Skylight, Mt. Redfield, and Cliff Mountain; then running
southerly following a straight line from the summit of Cliff Mountain to the
point where Upper Twin Brook intersects with the boundary of State land; then
running generally northwesterly along the State land boundary to the height of
land of the McIntyre Mountain Range; then running northeasterly along the ridge
line to the summit of Mount Marshall; then running northeasterly along the
ridge line from the summit of Mount Marshall over the summits of Iroquois Peak,
Boundary Peak, Algonquin Peak, and Wright Peak; then running northerly in a
straight line from the summit of Wright Peak to the southwestern corner of the
Adirondack Loj property; then running easterly along the boundary between the
Adirondack Loj property and the State land to the southeastern corner of the
Adirondack Loj property; then running northerly along such boundary to a point
which is due west of the intersection of Heart Lake Road and South Meadows
Road; then continuing northerly along such boundary for one half-mile; then
running easterly to the point of beginning.
(9) Tent means a temporary, collapsible
shelter which is used for camping outdoors and is made primarily of fabric but
which may have walls constructed from other materials.
(10) Tent platform means a platform, with or
without walls and other attachments, erected as a base for tenting or similar
camping activity.
(11) Trail means
a marked and maintained path or way for foot, horses, or cross country ski
travel.
(12) Western High Peaks
Zone means that portion of the High Peaks Wilderness Area located to the west
of the ridge of land immediately west of the Indian Pass Trail, excluding the
Adirondack Canoe Route Zone.
(c) Group size restrictions.
(1) In the Eastern High Peaks Zone or Western
High Peaks Zone, no person shall:
(i) be part
of a day use group containing 16 or more people;
(ii) on or after July 1, 2001, camp as part
of a group including nine or more people; or
(iii) be a member of an affiliated day use or
camping group which exceeds the numerical limitations established in
subparagraph (i) or (ii) of this paragraph, unless such group has separated
into smaller groups which do not exceed such limitations and such smaller
groups maintain a separation distance from each other of at least one mile at
all times.
(d) Camping restrictions. In the High Peaks
Wilderness Area, no person shall:
(1) erect
or use any tent platform or camp structure other than tents, tarps, lean-tos,
or those composed of snow;
(2) camp
at any location above 4,000 feet in elevation;
(3) camp at locations which are greater than
3,500 feet in elevation but equal to or less than 4,000 feet in elevation
except at a primitive tent site; or
(4) erect a tent in a primitive tent site at
a distance greater than 15 feet from the official department sign or
disk.
(e) Campfire
restrictions.
(1) No person shall ignite or
maintain a campfire for any purpose at any location in the Eastern High Peaks
Zone.
(2) No person shall ignite or
maintain a campfire for any purpose at any location which is situated above
4,000 feet in elevation in the Western High Peaks Zone.
(3) At elevations of 4,000 feet or less in
the Western High Peaks Zone and in the Adirondack Canoe Route Zone, no person
shall ignite or maintain a campfire for any purpose at any location within 150
feet from any road, trail, spring, stream, pond or other body of water except
that a campfire may be ignited or maintained at a primitive tent site or
lean-to site.
(f)
Miscellaneous restrictions.
(1) No person
shall fail to register whenever passing a trail register established by the
department in the Eastern High Peaks Zone.
(2) 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:
(i) acquire a self-issuing permit whenever
passing a department registration facility; and
(ii) possess such permit during the duration
of their stay in the Eastern High Peaks Zone.
(3) In the High Peaks Wilderness Area, no
person shall:
(i) use any audio device which
is audible outside the immediate area of a campsite;
(ii) use soap or detergent in any pond,
stream or other water body;
(iii)
dispose of any food scrap, food matter or food container in any pond, stream or
other water body;
(iv) use any
motorized equipment;
(v) operate
any motorized craft on any water body designated as a wild river pursuant to
the Wild, Scenic and Recreational Rivers Act, Environmental Conservation Law
article 15, title 27;
(vi) fail to
comply with a lawful instruction or order of a uniformed employee of the
department;
(vii) fail to possess
and use skis or snowshoes when the terrain is snow-covered with eight or more
inches of snow;
(viii) fail to
observe quiet hours between 10:00 p.m. and 7:00 a.m.;
(ix) mark trails with plastic ribbons, paint,
blazes or other devices, cut or clear trails, or mark summits with canisters
except by written permission of the department;
(x) leave a pet unattended or fail to
maintain complete control over the pet;
(xi) fail to have in their immediate
possession proof of a valid and current rabies inoculation for any dog which is
accompanying them;
(xii) erect or
maintain any commemorative features, such as signs, plaques or markers
depicting cultural sites;
(xiii)
undertake any research project except under permit of the department;
(xiv) fail to take reasonable steps to keep
food, food containers, garbage, and toiletries from bears, and, during the
period April 1st through November 30th, no overnight camper in the Eastern High
Peaks Zone shall fail to use bear-resistant canisters for the storage of all
food, food containers, garbage, and toiletries; or
(xv) possess a glass container, except that
glass containers which are necessary for the storage of prescribed medicines
shall be exempt from this prohibition.
(4) In the Eastern High Peaks Zone, no person
shall fail to leash pets on trails, at primitive tent sites, at lean-to sites,
at elevations above 4,000 feet, or at other areas where the public congregates,
provided that this provision shall not be applicable to hunting dogs which,
with a licensed hunter, are actively hunting during appropriate hunting seasons
at locations other than primitive tent sites, lean-to sites, at elevations
above 4,000 feet, or at other areas where the public congregates.
(5) In the South Meadows-Flowed Lands
Corridor, no person shall camp except at a primitive tent site, provided that
this section shall not be effective until such time as the department completes
its designation of such campsites within such corridor, and provided further
that until such time as the department completes such designation no person
shall fail to comply with the camping instructions contained on any sign posted
by the department.
(g)
Each provision of this section shall be severable, and in the event that any
provision of this section 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 remaining
provisions of this section, which shall continue in full force and effect and
be applicable to other persons and circumstances.