New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 190 - Use of State Lands › State Lands Generally › Section 190.0 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
				  otherwise provided, the provisions of this Part shall apply to all persons
				  entering upon or using State lands under the department's jurisdiction that are
				  administered by the Division of Lands and Forests, the Division of Operations,
				  or both, including but not limited to such lands as unique areas, State
				  forests, reforestation areas, multiple use areas, forest preserve, conservation
				  areas, natural resource management areas, preserves, campgrounds and
				  environmentally sensitive lands, and to those rights owned and managed by the
				  State as conservation easements as defined in section
				  190.12 of this Part.
(b) Definitions. As used in this Chapter, the
				  following words shall have the indicated meanings:
(1) Bicycle shall mean a vehicle with two or
				  more wheels, a steering handle, a saddle seat, or seats and pedals by which it
				  is propelled.
(2) Camp shall mean
				  any form of temporary shelter, including but not limited to a tent, motor home
				  travel trailer, mobile home, or the use of any vehicle for shelter or
				  sleeping.
(3) Commissioner shall
				  mean the State Commissioner of Environmental Conservation.
(4) Conservation easement means an easement,
				  covenant, restriction or other interest in real property, which limits or
				  restricts development, management or use of such real property for the purpose
				  of preserving or maintaining the scenic, open, historic, archaeological,
				  architectural, or natural condition, character, significance or amenities of
				  the real property in a manner consistent with the public policy and purpose set
				  forth in section
				  49-0301 of the Environmental
				  Conservation Law.
(5) Department
				  means the New York State Department of Environmental Conservation.
(6) Environmentally sensitive lands means
				  State lands of exceptional scenic beauty, exceptional forest character, open
				  space, pine barrens, trailways, unique character or public access acquired
				  under the authority of section
				  52-0701 of the Environmental
				  Conservation Law.
(7) Mechanically
				  propelled vessel shall mean any boat or other vessel for transporting
				  personnel, supplies or material on water, which incorporates a motor or engine
				  of any type for propulsion.
(8)
				  Motor vehicle shall mean a device for transporting personnel, supplies or
				  material incorporating a motor or an engine of any type for propulsion, and
				  with wheels, tracks, skids, skis, air cushion or other contrivance for
				  traveling on or adjacent to land, water or ice. It shall include such vehicles
				  as automobiles, trucks, jeeps, all-terrain vehicles, duffel carriers, snowcats,
				  bulldozers and other earth-moving equipment, but shall not include
				  snowmobiles.
(9) Motorized
				  equipment means machines not designed for transporting people, supplies or
				  material, or for earth moving but incorporating a motor, engine or other
				  nonliving power source to accomplish a task, such as, but not limited to, chain
				  saws, brush saws, rotary or other mowers, rock drills, cement mixers, and
				  generators.
(10) Person with a
				  disability for the purposes of this Part shall mean a person with a physical
				  impairment that substantially limits one or more of the major life activities
				  of such individual.
(11) Public
				  campgrounds means any intensive use area designated as a public campground,
				  operated by the Department of Environmental Conservation, where a user fee is
				  collected for public use. Public campgrounds also include the following special
				  facilities: Lake George Beach Park, Lake George Battlefield Park, Prospect
				  Mountain Veterans Memorial Highway, Fourth Lake Picnic Area and Hinckley
				  Reservoir Picnic Area.
(12)
				  Self-issuing permit means a department form which is filled out by visitors at
				  trailhead register boxes or is issued by a department employee, the original of
				  which is deposited in the register box and a copy of which is carried by the
				  visitor. Such permits may include information on rules and regulations, safety,
				  and general backcountry guidelines.
(13) Structure shall mean any object or
				  improvement constructed, installed or placed on State lands, including but not
				  limited to trails, roads, bridges, ramps, buildings, sheds, lean-tos, picnic
				  tables, monuments, memorials, permanent tree stands or permanent hunting
				  blinds, posts, rails, handrails, steps, fences, pipelines, oil, gas and other
				  well structures, septic systems, fuel tanks, utility lines, including but not
				  limited to telephone, electric and cable, mobile homes, campers, trailers,
				  signs, docks and dams, except that tents, campers, temporary blinds and other
				  temporary objects related to authorized recreational activities shall not be
				  considered structures for the purposes of this definition, provided that such
				  objects are in compliance with rules and regulations governing such activities
				  on State lands.
(14) Unique area
				  means State lands acquired under the authority of section
				  51-0701
				  (3) of the Environmental Conservation
				  Law.
(15) Wilderness area means a
				  unit of State land in the Adirondack Park or Catskill Park which is classified
				  as wilderness by the Adirondack Park State Land Master Plan or Catskill Park
				  State Land Master Plan, respectively.