New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 577 - Special Provisions Relating to Wild, Scenic and Recreational Rivers › Section 577.2 - Definitions used in this Part

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the definitions in section
					 15-2703 of the Environmental
					 Conservation Law, the following words and terms shall have the following
					 definitions:
(a) Agricultural use
				  means any management of any land for agriculture; raising of cows, horses,
				  pigs, poultry and other livestock; horticulture or orchards; including the sale
				  of products grown or raised directly on such land, and including the
				  construction, alteration or maintenance of fences, agricultural roads,
				  agricultural drainage systems and farm ponds.
(b) Agricultural use structure means any
				  barn, stable, shed, silo, garage, fruit and vegetable stand or other building
				  or structure directly and customarily associated with agricultural
				  use.
(c) Basal area means the sum
				  of the cross-sectional areas, measured at 4.5 feet above ground, of all
				  vegetation within a given area.
(d)
				  Forest management means forestry practices, including harvesting of a forest,
				  woodland or plantation and other types of cuttings planned as part of a
				  deliberate forest management program, the construction, alteration or
				  maintenance of wood roads, skidways, landings and fences, and related research
				  and educational activities.
(e)
				  Land management plan or rivers system land management plan means a plan for the
				  management of a river area or areas pursuant to section
				  577.9 of this Part.
(f) Motor vehicle means a device for
				  transporting people or material, incorporating a motor of any type for
				  propulsion and with wheels, tracks, skids, skis, air cushion or other
				  contrivance for traveling on or adjacent to land and water or through or over
				  water.
(g) Motorized open space
				  recreation use means any open space recreation use which customarily utilizes
				  one or more motor vehicles.
(h)
				  Person means any individual, corporation, partnership, joint venture,
				  association, organization, government or any agency or political subdivision
				  thereof (including the State or any State agency) or any other
				  entity.
(i) Privately owned means
				  owned by any person, but not by the State or any State agency.
(j) Private road means any road other than a
				  wood road or a public road.
(k)
				  Public road means any road over which the public has a right to
				  travel.
(l) Public utility use
				  means any public utility use, equipment or structure which is not a " major
				  public utility use". A public utility use does not include any use which is
				  subject to the jurisdiction of the Public Service Commission pursuant to
				  article seven or article eight of the Public Service Law.
(m) Restrictions and standards means the
				  provisions of section
				  577.6 of this Part.
(n) River means that portion of a flowing
				  body of water, such as a river, stream or lake, to the mean high water mark
				  thereof, which is designated as a wild, scenic or recreational river in
				  Appendix Q-6 of this Title, but shall not include any tributary thereto unless
				  expressly included in such designation.
(o) River area means the wild, scenic and
				  recreational rivers and the private lands in their immediate environs as set
				  forth in Appendix Q-6 of this Title.
(p) River area utility use means any electric
				  power transmission and distribution line, telephone trunk and feeder cable or
				  distribution line, pipe or conduit for the transmission of gas, oil and other
				  fuels, and any water and sewage system pipe or conduit, whether or not such use
				  is subject to the jurisdiction of the Public Service Commission.
(q) Rivers project means any new land use or
				  development or subdivision of land set forth in section
				  577.5 of this Part.
(r) Road means any highway, hard-surfaced
				  road, improved or dirt road, but not including any bridge.
(s)
Shoreline lot
means any
				  lot (1) within or adjoining the mean high water mark of a wild, scenic or
				  recreational river, or (2) located within 100 feet of such mean high water mark
				  or within any applicable setback distance of this Part, whichever is
				  greater.
(t) Stream improvement
				  structures for fishery management purposes means structures and improvements,
				  including but not limited to fish barrier dams, fish passage structures, minor
				  diking, cribbing, bank stabilization and stream deflectors and other structures
				  or improvements designed solely for fishery management purposes which do not
				  materially alter the natural character of the waterway.
(u) Structure means any object constructed,
				  installed or placed on land to facilitate land use and development or
				  subdivision of land, such as buildings, sheds, single family dwellings, mobile
				  homes, bridges, signs, tanks, fences and poles, outdoor lighting, trailers,
				  travel trailers, campers or tents constructed, installed or placed on land
				  (excepting trailers, campers or tents outside a campground and for a temporary
				  period only), and any fixtures, additions or alterations.
(v) Vegetation means trees and woody-stemmed
				  plants, except agricultural crops.
(w) Wild, Scenic and Recreational Rivers
				  System Act means title 27 of article 15 of the Environmental Conservation
				  Law.
(x) Wood road means any dirt
				  or other unimproved road designed and used solely for forest management
				  purposes or related fish and game activities, not intended for use by the
				  general public, and simply constructed by grading, filling and/or corduroying,
				  without extensive finish or maintenance work.