Current through all regulations passed and filed through September 16, 2024
(A) The water of Berlin reservoir shall have
five designated areas:
(1) All the waters
lying between U.S. route 224 and the dam shall be designated as area one.
(2) All the waters lying between
U.S. route 224 and the "N.Y.C. Railroad" bridge shall be designated as area
two.
(3) All the waters lying
between the "N.Y.C. Railroad" bridge and state route 14 shall be designated as
area three.
(4) All the waters
lying between state route 14 and state route 225 shall be designated as area
four.
(5) All the remaining waters
not included in paragraphs (A)(1), (A)(2), (A)(3), and (A)(4) of this rule
lying westward of state route 225 shall be designated as area five.
(B) In area one, no person shall:
(1) Operate or use a boat within five hundred
feet of the intake tower and crest gate in the dam at Berlin reservoir.
(2) Operate (start/run) or permit
to be operated a motor other than an electric motor, to propel a boat within
two thousand feet of the dam at Berlin reservoir.
(3) Engage in water-skiing or aquaplaning
within two thousand feet of the dam at Berlin reservoir.
(4) Operate a watercraft within one hundred
fifty feet of any developed shoreline in such a manner as to cause a wake of
sufficient size or force to cause discomfort, injury or damage to any person,
watercraft or property.
(5) No
person shall operate a vessel at greater than idle speed or at a speed that
creates a wake within three hundred feet of any marina, boat docking faccility,
boat gasoline dock, launch ramp, reacreational boat harbor, or harbor entrance.
(C) In area two, it
shall be unlawful:
For any person to operate a watercraft within one hundred fifty
feet of any undeveloped shoreline in such a manner as to cause a wake of
sufficient size or force to cause discomfort, injury or damage to any person,
watercraft or property.
(D) In area three, it shall be unlawful:
For any person to operate a watercraft within one hundred fifty
feet of any undeveloped shoreline in such a manner as to cause a wake of
sufficient size or force to cause discomfort, injury or damage to any person,
watercraft or property.
(E) In area four,it shall be unlawful:
(1) For any person to operate a watercraft
within one hundred fifty feet of any undeveloped shoreline in such a manner as
to cause a wake of sufficient size and force to cause discomfort, injury or
damage to any person, warercraft or property.
(2) For any person to operate a watercraft
within the area from state route 14 to a line of buoys located at the area
known as Treasure Cove in such a manner as to cause a wake of sufficient size
or force to cause discomfort, injury or damage to any person, watercraft or
property.
(F) In area
five, it shall be unlawful:
(1) For any
person to operate, be in physical control, or manipulate any water-skis, or
aquaplane, or for any person to operate a watercraft towing any person using
water-skis, aquaplane or similar device at any time.
(2) For any person to operate a watercraft
within one hundred fifty feet of any undeveloped shoreline in such a manner as
to cause a wake of sufficient size to cause discomfort, injury or damage to any
person, watercraft or property.
(G) It shall be unlawful for any person to
operate a watercraft within one hundred feet of any bridge in such a manner as
to cause a wake of sufficient size or force to cause discomfort, injury or
damage to any person, watercraft or property.
(H) A "wake" as used in this rule shall be
defined as a track left by a watercraft in the water causing waves or swells.
(I) All definitions set forth in
rule
1501:31-1-02
of the Administrative Code shall apply to this rule.
(J) It shall be unlawful for any person to
operate a watercraft at a speed greater than ten miles per hour from sunset to
sunrise local time.
Five Year Review (FYR) Dates:
07/19/2016 and
07/19/2021
Promulgated
Under: 119.03
Statutory
Authority: 1531.06
Rule
Amplifies: 1531.06
Prior
Effective Dates: 05/01/1976, 01/02/1981, 06/01/1985, 12/01/1989, 06/07/1993,
02/01/2002
