reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 194 - Forest Practices › Section 194.11 - Enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
Violation of sections
				  194.5,
				  194.6, 194.7 and
				  194.8 of this Part will be enforced
				  under the penalty provisions provided by Environmental Conservation Law,
				  article 71, title 7, section 71-0703.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 195 - Permits For The Erection And Maintenance Of Signs, Advertising Structures And Devices In The Adirondack And Catskill Parks › Section 195.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Authorized sign
				shall mean a sign which is or may be erected and maintained within the
				Adirondack or Catskill Park pursuant to a written permit required by section
				9-0305 of the Environmental Conservation
				Law and issued by the Department of Environmental Conservation.
(b) Department shall mean the Department of
				Environmental Conservation of the State of New York.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 195 - Permits For The Erection And Maintenance Of Signs, Advertising Structures And Devices In The Adirondack And Catskill Parks › Section 195.2 - Applications for permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				applications for permits for authorized signs shall be on standard forms
				provided by the department. All applications shall be filed with the Regional
				Forester of the Subdivision of Forest Resources of the department in the
				district where such sign is to be located, or with the Director, Subdivision of
				Forest Resources, Department of Environmental Conservation, Albany,
				N.Y.
(b) Each application shall
				have attached thereto a sketch of the proposed sign showing its dimensions,
				shape, wording and structural details.
(c) Each application shall contain or have
				attached thereto a sketch showing the location of the proposed sign, road
				system and place of business.
(d)
				Each application shall show the name or names and address of the owner or
				owners of the land upon which the proposed sign is to be erected.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 195 - Permits For The Erection And Maintenance Of Signs, Advertising Structures And Devices In The Adirondack And Catskill Parks › Section 195.3 - Classification and size limitations of authorized signs

Current through Register Vol. 46, No. 28, July 10, 2024
Authorized signs shall be classified and limited in size
				  according to the outside height and width or the total area of one side
				  thereof, exclusive of the necessary supporting structure, as follows:
(a) Standard small: a sign one foot high by
				three feet wide.
(b) Small: a sign
				not exceeding three square feet in area.
(c) Standard medium: a sign 2 1/2 feet high
				by four feet wide.
(d) Medium: a
				sign not exceeding 10 square feet in area.
Authorized signs may be lettered on both
					 sides.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 195 - Permits For The Erection And Maintenance Of Signs, Advertising Structures And Devices In The Adirondack And Catskill Parks › Section 195.4 - Materials, design, color combinations and text for authorized signs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Construction
				material. Such sign shall be constructed of wood, metal or other durable
				material approved by the department.
(b) Design. Such sign shall be of a rustic or
				other design which will be attractive and suitable for its proposed
				location.
(c) Colors. Such sign
				shall be painted or stained in one of the following color combinations:
(1) yellow lettering on brown
				background;
(2) black lettering on
				white background; or
(3) white
				lettering on green background.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 195 - Permits For The Erection And Maintenance Of Signs, Advertising Structures And Devices In The Adirondack And Catskill Parks › Section 195.5 - Illumination of authorized signs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Only white artificial lighting shall be used to illuminate such sign.
(b) No flashing, intermittent or moving light
				or lights shall constitute a part of or be used to illuminate such
				sign.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 195 - Permits For The Erection And Maintenance Of Signs, Advertising Structures And Devices In The Adirondack And Catskill Parks › Section 195.6 - Locations for authorized signs

Current through Register Vol. 46, No. 28, July 10, 2024
Permits will be issued for authorized signs to be erected or
				  maintained at the following locations only:
(a) at the junction of numbered State
				highways when one such highway terminates in a dead end within the boundaries
				of the Adirondack or Catskill Park;
(b) at the junction of a numbered State
				highway and a secondary road, when the business to be advertised is located on
				such secondary road;
(c) at the
				junction of secondary roads, where the business to be advertised is located on
				one of such roads;
(d) at the
				junction of a private road and a public highway when the sign directs, via the
				private road, to a place of business not abutting such public
				highway.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 195 - Permits For The Erection And Maintenance Of Signs, Advertising Structures And Devices In The Adirondack And Catskill Parks › Section 195.7 - Multiple authorized signs at same location

Current through Register Vol. 46, No. 28, July 10, 2024
The department may require authorized signs at the same
				  location to be erected or maintained contiguous to each other, in a cluster, on
				  a common supporting structure or in such other manner as the department may
				  approve.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 195 - Permits For The Erection And Maintenance Of Signs, Advertising Structures And Devices In The Adirondack And Catskill Parks › Section 195.8 - Maintenance of authorized signs

Current through Register Vol. 46, No. 28, July 10, 2024
Each authorized sign shall be maintained in a neat and
				  attractive condition by the permittee.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 195 - Permits For The Erection And Maintenance Of Signs, Advertising Structures And Devices In The Adirondack And Catskill Parks › Section 195.9 - Permits for authorized signs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Permits shall be on standard forms provided by the department.
(b) All permits shall be subject to review
				and may be revoked by the department whenever, pursuant to such permit, a sign,
				structure or device has been erected or is being maintained in violation of
				this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 195 - Permits For The Erection And Maintenance Of Signs, Advertising Structures And Devices In The Adirondack And Catskill Parks › Section 195.10 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 196 - OPERATION OF MOTORIZED VEHICLES, VESSELS, AIRCRAFT AND MOTORIZED EQUIPMENT IN THE FOREST PRESERVE › Section 196.1 - Operation of motorized vehicles in the forest preserve

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall operate a motorized
				vehicle in the forest preserve except as permitted in subdivisions (b) and (c)
				of this section.
(b) Operation of
				motorized vehicles is permitted on roads:
(1)
				that are under the jurisdiction of the State Department of Transportation or a
				town or county highway department, in accordance with applicable State and
				local laws;
(2) where a temporary
				revocable permit has been issued by the department for motorized vehicle use by
				those persons to whom the permit has been issued and only in the accomplishment
				of the purpose of the permit;
(3)
				specifically marked by the department for motorized vehicle use;
(4) on public campgrounds operated by the
				department, in accordance with regulations for use of motorized vehicles at
				such facilities; or
(5) where a
				legal right-of-way exists for public or private use.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 196 - OPERATION OF MOTORIZED VEHICLES, VESSELS, AIRCRAFT AND MOTORIZED EQUIPMENT IN THE FOREST PRESERVE › Section 196.2 - Use of snowmobiles on state lands within the forest preserve

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The use of
				snowmobiles on State lands within the forest preserve is hereby permitted:
(1) on trails designated and marked by the
				Department of Environmental Conservation as a "SNOWMOBILE TRAIL," when the
				trail traveled is completely covered with snow or ice; and
(2) on frozen lakes and ponds, when access to
				same may be gained by public highways or by trails designated and marked by the
				Department of Environmental Conservation as a "SNOWMOBILE TRAIL."
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 196 - OPERATION OF MOTORIZED VEHICLES, VESSELS, AIRCRAFT AND MOTORIZED EQUIPMENT IN THE FOREST PRESERVE › Section 196.3 - Operation of motor vehicles on the limekiln lake-cedar river road

Current through Register Vol. 46, No. 28, July 10, 2024
The operation of motor vehicles on that road running easterly
				  from the Limekiln Lake registration station through State lands known as the
				  Moose River Recreation Area, and lands of the International Paper Company to
				  the Cedar River headquarters registration station, will be subject to the
				  following regulations:
(a) No person
				may operate a motor vehicle on said road without first registering the
				operator's name, address, number of passengers, vehicle license number, vehicle
				description, anticipated length of stay and destination at the Limekiln Lake
				registration station or at the Cedar River headquarters registration station.
				Upon exiting said road, all operators of motor vehicles must register their
				names and number of passengers at a registration station.
(b) All motor vehicles, other than those
				equipped with four-wheel drive, must be equipped with tire chains from October
				1st until the road is closed for winter.
(c) No person may operate a motorcycle or
				motorized bicycle on said road.
(d)
				No person may operate a snowmobile on said road during the northern zone big
				game hunting season unless the road is closed to motor vehicle use and posted
				as open for snowmobile use.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 196 - OPERATION OF MOTORIZED VEHICLES, VESSELS, AIRCRAFT AND MOTORIZED EQUIPMENT IN THE FOREST PRESERVE › Section 196.6 - Operation of mechanically propelled vessel on the oswegatchie river

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall operate a mechanically propelled vessel on
				  the Oswegatchie River in the Town of Fine, St. Lawrence County, between High
				  Falls and Cranberry Lake at Inlet.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 196 - OPERATION OF MOTORIZED VEHICLES, VESSELS, AIRCRAFT AND MOTORIZED EQUIPMENT IN THE FOREST PRESERVE › Section 196.7 - Operation of bicycles in the adirondack forest preserve

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the purposes of this section,
				Adirondack forest preserve lands means those State owned lands lying within the
				Adirondack Park and classified by the Adirondack Park Agency (APA) as
				"wilderness," "primitive," "canoe" area and "wild forest." These lands are
				depicted on the 1993 Adirondack Park Land Use and Development Plan Map (see
				subdivision (f) of this section) on file with the Central, Region 5 and Region
				6 offices and suboffices of the department.
(b) The operation of bicycles is prohibited
				on all of the following Adirondack forest preserve wilderness areas:
Blue Ridge Wilderness Area
Dix Mountain Wilderness Area
Five Ponds Wilderness Area
Giant Mountain Wilderness Area
Ha-De-Ron-Dah Wilderness Area
High Peaks Wilderness Area
Hoffman Notch Wilderness Area
Jay Mountain Wilderness Area
McKenzie Mountain Wilderness Area
Pepperbox Wilderness Area
Pharaoh Lake Wilderness Area
Pigeon Lake Wilderness Area
Sentinel Range Wilderness Area
Siamese Ponds Wilderness Area
Silver Lake Wilderness Area
West Canada Lake Wilderness Area
(c) The operation of bicycles is prohibited
				on all of the following Adirondack forest preserve primitive areas except on
				existing roads legally open to the public or where specifically allowed by the
				department:
Ampersand Primitive Area
Bald Ledge Primitive Area
Bartlett Primitive Area
Beaver River Primitive Area
Buck Pond Primitive Area
Buell Brook Primitive Area
Cathead Mountain Primitive Area
Chatiemac Lake Primitive Area
Dug Mountain Primitive Area
Forks Mountain Primitive Area
Gooseneck Pond Primitive Area
Hague Brook Primitive Area
Hitchins Pond Primitive Area
Hudson Gorge Primitive Area
Hurricane Mountain Primitive Area
Johns Brook Primitive Area
Lake Lila Primitive Area
Lows Lake Primitive Area
Sacandaga Primitive Area
Schuyler Island Primitive Area
Valcour Island Primitive Area
Wanakena Primitive Area
Wakely Mountain Primitive Area
West Canada Mountain Primitive Area
Wilmurt Club Road Primitive Area
(d) The operation of bicycles is prohibited
				on the following Adirondack forest preserve canoe areas except on existing
				roads legally open to the public where specifically allowed by the department:
				St. Regis Canoe Area
(e) The
				operation of bicycles is permitted on all roads and trails on Adirondack forest
				preserve wild forest areas except for those roads and trails posted as closed
				to bicycle operation.
(f)
				Reference--The Adirondack Park Land Use and Development Map, 1993 is
				incorporated by reference and is on file with the New York State Department of
				State. This map is available from and published by the Adirondack Park Agency,
				P.O. Box 99, Ray Brook, NY 12977.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 196 - OPERATION OF MOTORIZED VEHICLES, VESSELS, AIRCRAFT AND MOTORIZED EQUIPMENT IN THE FOREST PRESERVE › Section 196.8 - Operation of motorized equipment in wilderness, primitive, primitive bicycle corridor and canoe areas within the adirondack and catskill parks

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicability.
				This section applies to all State owned lands in the Adirondack Park which are
				classified as wilderness, primitive and canoe by the Adirondack Park Agency.
				These lands are depicted on the New York State Department of Environmental
				Conservation Adirondack Forest Preserve Land Classifications Map, 2010. This
				section also applies to all State owned lands in the Catskill Park which are
				classified as wilderness or primitive bicycle corridor by the department. These
				lands are depicted on the New York State Department of Environmental
				Conservation Catskill Forest Preserve Land Classifications Map, 2010.
(b) No person or employee of a city, village,
				town or county government agency or employee of a State government agency other
				than the department shall possess or operate motorized equipment within the
				boundaries of an area of State land classified as wilderness, primitive, or
				canoe in the Adirondack Park, or an area of State land classified as wilderness
				or primitive bicycle corridor in the Catskill Park, except as times and
				locations and for purposes authorized by the department or in the performance
				of activities authorized by an easement or use reservation on lands subject to
				such easement or use reservation.
(c) The New York State Department of
				Environmental Conservation Adirondack Forest Preserve Land Classifications Map,
				2010 and Catskill Forest Preserve Land Classifications Map, 2010 are available
				from and published by the New York State Department of Environmental
				Conservation, 625 Broadway, Albany, NY 12233 and on file at the New York State
				Department of Environmental Conservation Central Office and Regions 3-6
				Regional and Sub-Offices.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 197 - Guides Licensing › Section 197.3 - License to guide

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A license to
				guide, valid for five years will be issued by the department to a person who:
(1) submits a complete application, using the
				form provided by the department;
(2) submits proof of identity;
(3) submits proof of age;
(4) submits proof of residence;
(5) submits a $25 nonrefundable application
				fee;
(6) submits a completed
				physician's statement of physical condition which was signed and dated no more
				than 30 days before submission with the application;
(7) submits satisfactory proof of possessing
				current certification in the following:
(i)
				American Red Cross standard first aid or equivalent;
(ii) American Red Cross cardiopulmonary
				resuscitation (CPR) or equivalent;
(iii) American Red Cross basic water safety
				or equivalent. Whitewater guides may substitute equivalent whitewater guides'
				training, approved by the department, in place of basic water safety, but must
				submit acceptable documentation of that training, along with a course
				description;
(8) passes
				the written examination for a license to guide; and
(9) upon meeting all other requirements
				submits the remaining license fee as specified in section
				197.5 of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 197 - Guides Licensing › Section 197.4 - License renewal application

Current through Register Vol. 46, No. 28, July 10, 2024
In order to renew a license to guide, the holder must submit
				  to the department:
(a) a completed
				renewal application, which will be supplied by the department;
(b) a completed physician's statement of
				physical condition, which was signed and dated no more than 30 days prior to
				submission with the application;
(c) current American Red Cross standard first
				aid certificate, or equivalent;
(d)
				current American Red Cross CPR certificate or equivalent; and
(e) the appropriate license renewal
				fee.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 197 - Guides Licensing › Section 197.5 - Licensing fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A licensing fee
				of $25 must accompany the application. This licensing fee is nonrefundable and
				must be in the form of a check or money order, payable to the order of the
				Department of Environmental Conservation.
(b) Upon successful completion of a written
				examination and submission of all required certificates, proofs and statements,
				as described in this Part, the following additional fee(s) will be due before
				the license will be issued:
(1) For a license
				in a single category, the remaining licensing fee will be $75.
(2) For each additional activity, an
				additional fee of $20 must be paid.
(3) The maximum total for guide licenses in
				all six activities will be $200.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 197 - Guides Licensing › Section 197.6 - Guide license examination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				addition to the requirements in section
				197.4 of this Part, each person
				applying for a new license must pass a guide licensing examination administered
				by the department. This examination will test separately each of the designated
				guiding activities plus general knowledge of subjects applicable to all guiding
				in New York State.
(b) The general
				knowledge portion of the exam will test the following subjects: laws and
				regulations and environmental considerations pertaining to guiding and outdoor
				recreation, trip planning and preparation, land navigation, basic meteorology,
				survival and outdoor safety.
(c)
				The six specific guiding activities are hunting, fishing, camping, hiking,
				whitewater rafting and canoeing, and rock and ice climbing. The following, by
				activity, are the subject areas to be tested:
(1) Hunting. Laws and regulations pertaining
				to hunting, meat and trophy care, game identification, hunter safety, and
				hunting techniques.
(2) Fishing.
				Laws and regulations pertaining to fishing, fishing safety, fish
				identification, fishing techniques, fish and trophy care.
(3) Camping. Philosophy of camping, campsite
				consideration, waste disposal, fire building, camp cleanliness, and
				consideration of camping impact.
(4) Hiking. Planning trips, equipment
				selection and use, timetable construction, and minimizing environmental
				impact.
(5) Whitewater rafting and
				canoeing. Testing for this category will include a written exam and either a
				practical demonstration of the necessary skills or documentation of experience,
				as required by the department. The whitewater written examination will include
				the following subject areas: whitewater equipment, whitewater terminology,
				navigation, and river rescue techniques.
(6) Rock and ice climbing. Testing for this
				category will include a written examination and either a practical
				demonstration of the necessary skills, or documentation of experience and
				training, as required by the department. The written examination will include
				the following subject areas: ropes, knots, belays, anchors, rappelling,
				climbing techniques, and rescue techniques.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 197 - Guides Licensing › Section 197.7 - Guide identification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				department will provide to each licensed guide at the time of licensing, a
				license certificate, a wallet-size license card and a metal badge to be worn
				while guiding.
(b) Those licensed
				to guide for whitewater rafting and canoeing and rock and ice climbing will be
				issued appropriate identification in addition to the metal badge. Such
				identification must be worn while guiding.
(c) The certifications required by section
				197.3(a) and (d)
				of this Part must be in effect and current whenever a licensed guide is
				guiding.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 197 - Guides Licensing › Section 197.8 - License revocation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Whenever the department determines that any licensed guide has violated any of
				the provisions of the Environmental Conservation Law, or of Title 6 of the
				Official Compilation of Codes, Rules and Regulations of the State of New York
				or of any permit issued by this department, the department shall notify, by
				registered or certified mail, the licensed guide of its finding and of the
				revocation of the guide's license. Upon receiving such notification of
				revocation the licensee must deliver the license badge, license certificate and
				license card within five calendar days to the regional ranger for the area in
				which the licensee resides or to the superintendent of forest protection and
				fire management if there is no regional ranger or if the licensee resides
				outside the State.
(b) The guide
				may request a hearing within 30 days of receipt of such notice before the
				commissioner or his designee in the region in which the violation occurred to
				present any information or material relevant to the determination to revoke the
				license or to the penalty proposed by the department or both.
(c) Failure to request a hearing within the
				30-day period in writing will be deemed a waiver of the right to a hearing. The
				penalty proposed by the department in its notice shall take effect 31 days
				after the guide's receipt of the notice in section
				197.8(a) of this
				Part unless a hearing has been requested pursuant to section
				197.8(b) of this
				Part.
(d) Within 30 days of the
				close of the hearing the commissioner or his designee shall issue a written
				decision which shall specify the basis for the decision upholding or reversing
				the revocation together with any decision on any penalty if the revocation is
				upheld. The revocation period will not exceed one year.
(e) Upon completion of the revocation period
				provided for in the penalty imposed by the department pursuant to this Part,
				the department will return to the licensee the identification, certificate and
				card previously surrendered to the department, provided that the license has
				not expired and all requirements of section
				197.3 of this Part are
				current.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 197 - Guides Licensing › Section 197.9 - Contingent license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				contingent license issued pursuant to prior provisions of this Part will remain
				in effect until:
(1) superseded by the
				issuance of a license to guide pursuant to the terms of this Part;
(2) revoked pursuant to the terms of this
				Part;
(3) revoked for failure to
				pass the written examination required by this Part; or
(4) revoked for failure to provide any of the
				required proofs, certifications or statements enumerated in section
				197.3 of this Part within 90 days
				of issuance of any contingent license.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 198 - Outdoor Recreation And Trail Maintenance Pin And Patch Program › Section 198.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part apply solely to the Outdoor
				  Recreation and Trail Maintenance Pin and Patch Program. The department shall
				  mean the New York State Department of Environmental
				  Conservation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 198 - Outdoor Recreation And Trail Maintenance Pin And Patch Program › Section 198.2 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to establish the procedures for
				  the administration, sale, promotion and distribution of pins and patches to
				  support non-motorized outdoor recreation and trail maintenance. The purchase of
				  such pins and/or patches is voluntary and need not to be possessed in order to
				  participate in outdoor recreational activities on department managed
				  lands.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 198 - Outdoor Recreation And Trail Maintenance Pin And Patch Program › Section 198.3 - Production

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department
				may enter into contracts for the production of outdoor recreation and trail
				maintenance pins, patches, associated promotional posters and for related
				services including, but not limited to manufacturing, distribution, promotion,
				marketing and sale.
(b) The
				department shall be solely responsible for the selection and means and method
				of selection of artists and art work for such outdoor recreation and trail
				maintenance pins, patches and associated promotional posters.
(c) Department staff shall establish the
				production size for each edition of such pins, patches and posters based on
				previous sales history and future sale expectations.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 198 - Outdoor Recreation And Trail Maintenance Pin And Patch Program › Section 198.4 - Price

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner of the department shall annually set the
				  respective sale price for each pin, patch, and associated promotional
				  poster.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 198 - Outdoor Recreation And Trail Maintenance Pin And Patch Program › Section 198.5 - Sale

Current through Register Vol. 46, No. 28, July 10, 2024
(a) License issuing
				officers defined and designated in accordance with section
				11-0713 of the Environmental
				Conservation Law and section
				183.2 of this Title may sell
				outdoor recreation and trail maintenance pins and/or patches, and may retain
				5.5 percent of the gross proceeds from such sale. Employees of the department
				may sell such pins and/or patches, but may not retain 5.5 percent of the gross
				sale.
(b) The department may make
				bulk sales of such pins and/or patches to outdoor recreation retailers and
				educational retailers deemed to be in keeping with the purpose of this
				Part.
(c) All monies, revenue and
				interest received by the department as a result of issuance and sale of outdoor
				recreation and trail maintenance pins, patches and/or posters, other than the
				amount retained by the license issuing officer, shall be deposited in a special
				account within the conservation fund to be known as the outdoor recreation and
				trail maintenance account. All such monies, revenues and interest shall be
				available to the department, pursuant to appropriation, exclusively for
				non-motorized outdoor recreation, trail maintenance, and the development and
				improvement of public access to outdoor recreation and trails.
(d) The department may use up to 10 percent
				of such revenue for the administration of this program, and is required to use
				at least 15 percent of such revenue for universal access to recreational
				opportunities for as many people as possible, regardless of age or
				ability.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 198 - Outdoor Recreation And Trail Maintenance Pin And Patch Program › Section 198.6 - Promotion

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The outdoor
				recreation and trail maintenance pins and patches may be donated for auction or
				raffle to not-for-profit organizations supportive of the outdoor recreation and
				trail maintenance program upon written request. Requests for such pins, patches
				and associated promotional posters must be in writing on the organization's
				letterhead stationery, stating the organization's purpose and goals and the
				date of the event at which such pins and patches will be auctioned. The
				department reserves the right to limit or deny an organization's request for
				such pins and/or patches where the numbers requested exceed the available
				supply or where the department finds that the proposed use of such pins and
				patches may be inconsistent with the purposes and policies set forth in section
				11-0329 of the Environmental
				Conservation Law.
(b) A total of no
				more than 100 pins and 100 patches and 100 posters from each edition will be
				reserved for use by, and may be made available to department staff, other State
				agencies, landowners and project coordinators or others who assist the
				department in promoting the Outdoor Recreation and Trail Maintenance Pin and
				Patch Program. Such use of pins, patches and posters is solely for the purpose
				of display to the public at promotional events and to otherwise promote the
				program.
(c) The department in its
				discretion may enter into agreements permitting reproduction of the design for
				the pins, patches, and posters for other products when the use of such design
				promotes awareness of the Outdoor Recreation and Trail Maintenance Pin and
				Patch Program, and when each individual product contains a statement about the
				program.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 198 - Outdoor Recreation And Trail Maintenance Pin And Patch Program › Section 198.7 - Disposal

Current through Register Vol. 46, No. 28, July 10, 2024
In the event that the Outdoor Recreation and Trail
				  Maintenance Pin and Patch Program is terminated, any such pins, patches and
				  associated promotional posters in the possession of the department at such time
				  may be disposed of at the department's discretion.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 198 - Outdoor Recreation And Trail Maintenance Pin And Patch Program › Section 198.8 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part 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 other provisions of this Part or its application to other
				  persons and circumstances.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 199 - Taxation Of Forest Land › Section 199.2 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall be interpreted to carry out the policies of
				  the State as set forth in section
				  480-a
				  of the Real Property Tax Law or any successor statute to provide a means by
				  which present and future forest lands may be protected and enhanced as a viable
				  segment of the State's economy and to assist in the protection of the
				  environmental benefits of the State's forest resources.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 199 - Taxation Of Forest Land › Section 199.3 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Information
				contained in applications for a certification or any supporting documents shall
				be considered not to be confidential unless the owner claims and substantiates
				to the satisfaction of the department pursuant to the procedures contained in
				Part 616.7 of this Title that the information contained in the application is
				protected by section
				87,
				subdivision
				2, paragraph
				(d) of the Public Officers Law.
(b)
				Any information in the possession of the department may be offered and received
				in evidence, where otherwise admissible, in an adjudicatory or court proceeding
				authorized by law. Such information also must be provided to a government
				official whenever possession of the information is necessary to the performance
				of such official's duties. However, the department shall take such precautions
				as may be consistent with the nature of the information and the circumstances
				of its release necessary to protect the confidentiality of any information
				which is required to be held confidential pursuant to subdivision (a) of this
				section or under other applicable provisions of law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 199 - Taxation Of Forest Land › Section 199.4 - Access to eligible tracts

Current through Register Vol. 46, No. 28, July 10, 2024
The department, including its employees, agents, and
				  representatives, and the assessor shall have the right at all reasonable times
				  after proper notification of the owner and proper identification to the owner
				  as department employees, agents or representatives or the assessor, to enter
				  and inspect any eligible tract or any tract subject to application for the
				  purpose of ascertaining compliance with section
				  480-a
				  of the Real Property Tax Law or this Part.
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

Current through Register Vol. 46, No. 28, July 10, 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.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 199 - Taxation Of Forest Land › Section 199.7 - Filing procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is
				the responsibility of the owner to comply with filing requirements of
				subdivision (3) of section
				480-a
				of the Real Property Tax Law by:
(1) filing
				the original certificate of approval with the clerk of the county in which the
				eligible tract is located;
(2)
				filing the original application for real property tax exemption with the
				appropriate assessor on forms prescribed by the State Board of Equalization and
				Assessment, together with the commitment certified by the department and
				recorded by the clerk of the county; and
(3) filing with the appropriate assessor a
				commitment certified by the department prior to the taxable status date in each
				year for which a real property tax exemption is sought.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 199 - Taxation Of Forest Land › Section 199.8 - Required cuttings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				department may serve notice upon the owner of a certified tract directing such
				owner to make a cutting as prescribed in the approved management plan for such
				tract. Should such cutting involve the sale or utilization of a merchantable
				forest crop, not less than 30 days in advance of cutting the owner shall give
				notice to the department of the stumpage value, amount and location of the
				cutting on a form prescribed by the department. The department shall, within 15
				days after receipt of such notice from the owner, certify the stumpage value,
				if any, to the owner and to the county treasurer of the county or counties in
				which the tract is situated. No later than 30 days after receipt of such
				certification of value, the owner shall pay a six per centum tax on the
				certified stumpage value to such county treasurer.
(b) Any cutting of a merchantable forest crop
				under this section must be conducted within two years from the the date of
				notice. Upon failure of the owner within such period to conduct such cutting,
				the department shall certify to the owner and the county treasurer of the
				county or counties the stumpage value of such merchantable forest crop. No
				later than 30 days after receipt of such certification of value, the owner
				shall pay a six per centum tax on the real property certified stumpage value to
				such county treasurer.
(c) Any
				noncommercial cutting under this section must be conducted within the tax year
				prescribed on the certificate of approval.
(d) If the owner, within the period
				prescribed by this section, makes such cuttings as directed by the department,
				the tract shall continue to be certified as long as the owner shall continue to
				comply with the provisions of this Part and manage the tract in the manner
				prescribed in the approved management plan.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 199 - Taxation Of Forest Land › Section 199.9 - Amendment

Current through Register Vol. 46, No. 28, July 10, 2024
An approved management plan may be extended or amended by
				  filing a written request with the department indicating the nature and
				  substance of the change. The department will determine the acceptability of the
				  proposed change and shall inform the owner, in writing, of its determination
				  within 10 days of receipt of the request. If the request for change is not
				  approved by the regional forester of the department, the owner may appeal,
				  within 30 days of its receipt, the decision of the regional forester by filing
				  a written appeal to the Director of the Division of Lands and Forests. When a
				  request for change is approved, the department shall inform the owner of the
				  necessary administrative and technical procedures to follow to effect the
				  change in conformance with the rules and regulations.
(a) The owner must submit amendments of the
				approved management plan whenever necessary to assure the management plan is
				for a period at least as long as the commitment.
(b) If the owner continues to file the annual
				commitment form, an amendment to the management plan must be filed every five
				years to assure the management plan is for a period at least as long as the
				commitment. The owner also must submit amendments whenever required under
				section 199.10 of this Part, whenever there
				is a material change in the acreage or ownership or location of any stands or
				forest management area, and whenever a cutting changes or will be delayed or
				substantially altered because of destruction or damage to the forest crop by
				fire, infestation, disease, storm, flood or other natural disaster, act of God,
				accident, trespass or war.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 199 - Taxation Of Forest Land › Section 199.10 - Revocation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department
				shall notify the owner in writing of its intention to issue a notice of
				violation to the owner at least 30 days prior to the issuance of such notice of
				violation to the county and shall offer the owner an opportunity to meet with
				the department representatives informally for the purpose of resolving alleged
				violations. If the parties can agree to a resolution of the alleged violations,
				then a written memorandum setting forth the terms of the agreement shall be
				prepared and signed by the parties. This memorandum shall become part of the
				approved management plan.
(b) If
				the parties cannot agree, the owner has the right to request in writing a
				hearing within this initial 30-day period. If the owner does not request a
				hearing within 30 days of receipt of the notice provided for in this
				subdivision, then such failure will be deemed a waiver of the right to a
				hearing and the department may proceed to issue a notice of violation to the
				owner and to the county. If the owner does request a hearing, the matter will
				be referred to an Administrative Law Judge for scheduling a hearing in
				accordance with procedures of the State Administrative Procedure Act and Part
				622 of this Title. The owner and assessor or assessors shall be given notice of
				such hearing and an opportunity to be heard.
(c) A notice of violation may be issued for
				any of the following reasons:
(1) the
				certified eligible tract or portion thereof is converted to a use which
				precludes or is inconsistent with management of the land for forest crop
				production;
(2) the owner fails to
				give notice of a proposed cutting on such tract or fails to timely pay the
				appropriate tax on the stumpage value of the merchantable forest crop
				determined pursuant to either subdivision (5) or (6) of section
				480-a
				of the Real Property Tax Law;
(3)
				the owner fails to comply with the approved management plan for such tract at
				any time during the commitment period;
(4) the owner fails to make a timely cutting
				in accordance with the provisions of subdivision (6) of section
				480-a
				of the Real Property Tax Law, after service of notice by the department to make
				such a cutting; or
(5) the owner
				voluntarily requests immediate withdrawal for all of a portion of the certified
				eligible tract by submitting a notarized written request to the department and
				assumes obligation for appropriate penalties.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 199 - Taxation Of Forest Land › Section 199.11 - Involuntary and partial conversions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The owner of a certified tract shall not be subject to any penalty that would
				otherwise apply because such tract or any portion thereof is converted to a use
				other than forest crop production by virtue of:
(1) an involuntary taking by eminent domain
				or other involuntary proceeding, except a tax sale;
(2) a voluntary proceeding, providing such
				proceeding involves the establishment of rights-of-way for public highway or
				energy transmission purposes wherein such corridors have been established
				subsequent to public hearing as needed in the public interest and are
				environmentally compatible;
(3)
				oil, gas or mineral exploration, development or extraction activity undertaken
				by an independent grantee pursuant to a lease or other conveyance of subsurface
				rights recorded more than 10 years prior to the date of the original
				certificate of approval issued by the department for the tract; or
(4) where all or a substantial portion of the
				certified tract is destroyed or irreparably damaged by reason of an act of God
				or a natural disaster.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 200 - General Provisions › Section 200.2 - Safeguarding information

Current through Register Vol. 46, No. 28, July 10, 2024
Information pertaining to manufacture, production or secret
					 processes submitted in connection with applications, reports, plans and
					 specifications or testing and designated by the person submitting such
					 information as secret or proprietary, shall be kept confidential as provided by
					 Part 616 of this Title dealing with trade secret confidentiality. The quantity
					 and physical and chemical characteristics of actual and allowable air
					 contaminant emissions shall be considered public information.