Current through Register Vol. 46, No. 12, March 20, 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.