Current through Register Vol. 46, No. 39, September 25, 2024
(a) The
department may sell to owners of private land, or managers of public land,
planting stock from nurseries which it operates.
(b) Reforestation, for the purposes of this
Part, is the action of renewing forest cover by planting seeds or young
trees.
(c) Planting stock shall be
sold at a price determined by the department which shall not exceed the cost of
production of such stock.
(d) The
department may refuse to sell planting stock to persons who have not complied
with the provisions of this section.
(e) Persons who purchase planting stock for
their own use shall:
(1) be the owner or
co-owner of land meeting the requirements of paragraph (4) of this subdivision
or the legal agent of such owner or co-owner; and
(2) plant such stock only on such
land;
(3) provide transportation
and pay all transportation charges to point of delivery;
(4) plant such stock within the State of New
York, on open land and, except in the case of wildlife shrubs, in a block of
not less than one acre, for conservation purposes;
(5) take necessary measures to protect the
plantings from fire, grazing and other avoidable damage; and
(6) report the condition of the plantings to
the department on request and permit representatives of the department to
inspect such plantings during reasonable hours.
(f) Persons who purchase planting stock for
their own use shall not:
(1) plant such stock
for ornamental or landscaping purposes;
(2) dig up such stock or remove them with
their roots attached for any purpose except to move them from a transplant bed
to the planting site; or
(3) sell,
barter, give or otherwise transfer such stock to any other person or abandon or
discard such stock.
(g)
The department may distribute seedlings from State-operated nurseries to
schools at no charge. For the purposes of this subdivision, schools are defined
as colleges or universities and elementary or secondary schools operated by a
school district chartered by or under the supervision of the Regents. The
school must complete an application form provided by the department, which
includes the following agreement:
(1) The
seedlings shall be planted for the purpose of encouraging environmental
awareness and conservation education. The seedlings shall not be planted for
ornamental or landscaping purposes.
(2) After planting, the seedlings shall not
be dug up or removed with the roots attached for any purpose except to move
them from a transplant bed to the planting site.
(3) The student body shall be informed of the
proper practices for the care of the seedlings before, during and after
planting.
(4) The department
reserves the right to deny future application by the school for seedlings if
the terms of the agreement are violated.
(h) The department may distribute or sell
planting stock from State-operated nurseries to individuals, organizations,
governmental agencies or businesses for their use in programs, events or
actions that enhance the environment. The purchaser or recipient of the
planting stock must complete an application form provided by the department,
which includes the following agreement:
(1)
The planting stock shall be distributed without charge for the purpose of
encouraging environmental awareness. The planting stock shall not be planted
for ornamental or landscaping purposes.
(2) The recipient shall be given reasonable
instructions in the care and nurturing of the planting stock.
(3) Proper and reasonable care shall be given
to the planting stock prior to and during its distribution to avoid unnecessary
damage to it.
(4) The department
reserves the right to deny future application by the individual, organization,
governmental agency or business for planting stock if the terms of the
agreement are violated.
(i) The department may distribute or sell
planting stock from State-operated nurseries to other states and governmental
agencies for resale for conservation purposes. The recipient of the planting
stock must complete an application form provided by the department, which
includes the following agreement:
(1) The
planting stock shall be distributed or sold with reasonable instructions for
its care prior to, during and after planting.
(2) The planting stock shall not be
distributed or sold for ornamental or landscaping purposes.
(3) Transportation of the planting stock
shall be provided by and all related charges shall be paid for by the applicant
to the point of delivery.
(4) The
department shall not be held accountable for any planting stock.
(5) The department reserves the right to deny
future application by a State or governmental agency for planting stock if the
terms of the agreement are violated.
