New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter II - LANDS AND FORESTS
Part 199 - Taxation Of Forest Land
Section 199.5 - General certification provisions

Universal Citation: 6 NY Comp Codes Rules and Regs ยง 199.5

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Separate applications must be made for each eligible tract.

(b) A completed application shall consist of:

(1) a properly completed application on forms provided by the department;

(2) two copies of a management plan prepared by a forester in accordance with section 199.6 of this Part;

(3) a location map or aerial photograph which clearly identifies the tract that is subject to application.

(c) The owner shall have the boundary lines and lines designating noncommitted acreage of eligible tracts submitted for certification permanently marked so as to be easily identified on the ground. Suitable marking is a blazed and painted or painted line. Fences, stonewalls, posters, and other constructed or natural features are acceptable provided they can be easily recognized as the boundary and are approved by the regional forester of the department.

(d) The department shall issue a certificate of approval for an eligible tract whenever the following requirements are met:

(1) the owner submits a completed application; and

(2) the owner's management plan meets the requirements of section 199.6 of this Part.

(e) Completed applications will be approved or rejected within 60 days of receipt. The department reserves the right to reject applications in whole or in part whenever the application is not in compliance with applicable provisions of law or of this Part. The notice of rejection will be accompanied by reasons. The owner shall have the opportunity to remedy the defects cited in the notice of rejection and resubmit the application for certification to the department within 90 days of the notice of rejection.

(f) All certificates of approval issued by the department shall require compliance with the approved management plan. The department may also impose, as terms of the certificate of approval, such conditions as it may deem necessary or appropriate to satisfy the provisions of the law or this Part.

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