New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter II - LANDS AND FORESTS
Part 194 - Forest Practices
Section 194.1 - Definitions
Current through Register Vol. 46, No. 39, September 25, 2024
As used in this Part, the following terms shall have the indicated meanings:
(a) Agriculture shall mean the science, art and business of cultivating the soil, producing crops (including field crops, fruits, vegetables and horticultural specialties), growing livestock feed, and raising and maintaining livestock and livestock products (including cattle, sheep, hogs, goats, horses, poultry, fur bearing animals, milk, eggs and furs) useful to humans, commonly known as farming. Agriculture will not include the raising of crops, products, or livestock which are not primarily intended to be sold.
(b) Commissioner shall mean the Commissioner of the Department of Environmental Conservation of the State of New York.
(c) Department shall mean the Department of Environmental Conservation of the State of New York, its officers and employees.
(d) Fire unit shall mean the land area to be treated using a prescribed fire or prescribed burn.
(e) Forest land shall mean land carrying forest growth or, if totally lacking it, bearing evidence of former forest and not now in other use. It includes not only lands which may be covered with tree growth but also lands best adapted to forests.
(f) Management-ignited prescribed fire, prescribed fire,or prescribed burn shall mean the intentional setting of forest land on fire under carefully controlled conditions to achieve a vegetative or wildlife management goal adhering to a written and approved prescribed fire plan.
(g) Nondepartment lands shall mean all lands not under the jurisdiction of the department, including but not limited to lands under the jurisdiction of other state agencies or public authorities, lands owned by counties, towns, villages, cities or other political subdivisions of the State, and privately owned lands.
(h) Person shall mean for the purposes of this Part an individual, organization, corporation, state agency other than the department, public authority, county, town, village, city, municipal agency or other private forest landowner.
(i) Prescribed burn plan or prescribed burn management plan shall mean a written design for the use of fire to accomplish management goals and incorporating all applicable requirements in section 194.5 of this Part.
(j) Prescribed fire plan or prescribed fire management plan shall mean a written design for the use of fire to accomplish management goals and incorporating all applicable requirements in section 194.3 of this Part.
(k) Prescribed natural fire shall mean a fire ignited by natural causes and allowed to continue to burn to predetermined containment points as long as the characteristics of the fire remain within a written and approved prescribed fire plan containing applicable requirements in section 194.3 of this Part.
(l) Regional land manager shall mean the senior departmental program person to whom a given parcel is assigned for management in a departmental region; e.g., Regional Wildlife Manager, Regional Forester, Regional Forestry Manager, Chief of the Bureau of Marine Habitat Protection for department-owned tidal wetlands.
