reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 190 - Use of State Lands › Specific Areas › Section 190.31 - Bog river flow area

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Description.
				  For the purposes of this section, Bog River Flow Area means those forest
				  preserve lands lying and situated in the Towns of Clifton, Colton and
				  Piercefield, St. Lawrence County, the Town of Long Lake, Hamilton County and
				  consisting of the State-owned lands within 150 feet horizontal distance from
				  high water of Lows Lake (including Grass Pond), Hitchins Pond, and the Bog
				  River lying westerly from Lows Lower Dam.
(b) Public use of Pole Island, Gooseneck
				  Island and Frying Pan Island, all situated in Lows Lake in the Town of Colton
				  in St. Lawrence County is prohibited during the months of June, July and
				  August.
(c) Public use of Boones
				  Landing, Moose Bay Landing and Virgin Timber Landing all situated on the south
				  shore of Lows Lake in the Town of Long Lake in Hamilton County is prohibited
				  during the months of June, July and August except by permit.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 190 - Use of State Lands › Specific Areas › Section 190.32 - Otter creek trail system assembly area

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Description. For purposes of this
				  section, Otter Creek Trail System Assembly Area means those State lands located
				  in Independence River State Forest (Lewis Reforestation Area 35) lying east of
				  the Erie Canal Road (Chase's Lake Road) and west of the Adirondack park
				  boundary. Said Otter Creek Trail System Assembly Area shall be hereinafter
				  referred to as the "assembly area". In addition to other applicable general
				  provisions of this Part, the following provisions apply to the assembly area.
				  In the event of a conflict, these specific provisions shall control.
(b) Camping.
(1) Immediately upon arrival at the assembly
				  area each camping party shall complete all required information on a
				  self-issuing camping permit. The department portion of the camping permit shall
				  be placed in the provided drop box. The camping party's portion of the camping
				  permit shall be displayed on the dashboard of the vehicle identified on the
				  camping permit at all times.
(2)
				  Each camping party is limited to a maximum of nine persons. All members of the
				  camping party shall be listed on the camping permit and shall occupy a single
				  site.
(3) Camping permits are valid
				  for a maximum of 14 consecutive nights after which all members of the camping
				  party shall vacate the facility for a minimum of five calendar days.
(4) Camping sites shall be occupied by at
				  least one or more members of the registered camping party every night during
				  the duration of the permit.
(5)
				  Camping in the overflow area of the assembly area (hereinafter referred to as
				  "overflow area") is limited to no more than three consecutive nights.
(6) Any use of the assembly area by any
				  person who is not a member of a registered camping party is considered day-use.
				  Day-use shall be from sunrise to 10:00 p.m. unless otherwise posted. No
				  day-users are allowed in the facility after 10:00 p.m. and before
				  sunrise.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 190 - Use of State Lands › Specific Areas › Section 190.33 - William c. whitney area

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Description. For the purposes of this section, William C. Whitney Area means
				  those forest preserve lands situated in the Town of Long Lake, Hamilton County,
				  New York and being portions of Townships 23 and 36 of Totten and Crossfield's
				  Purchase as acquired from Whitney Industries, LLC by deeds dated June 1, 1998.
				  Included within this area is the 80+- acre Headquarters Lot, being that
				  triangular shaped parcel of land bounded on the north by County Route 10, on
				  the east by the County Route 10A bridge over the watercourse known as the Bog
				  Stream, and on the south by the shoreline of Little Tupper Lake. The
				  Headquarters Lot includes the former Whitney Headquarters complex and the
				  buildings associated therewith.
(b)
				  Within the William C. Whitney Area, it is unlawful for any person to:
(1) Enter into or upon any road, trail, land,
				  lake, pond, river, or stream with a mechanically propelled vessel, motor
				  vehicle, snowmobile, chainsaw, or generator, except that:
(i) motor vehicles are permitted within the
				  80+- acre Headquarters parcel; and
(ii) parties holding reserved contractual
				  rights are not subject to this regulation with respect to certain limited uses
				  of mechanically propelled vessels on Little Tupper Lake and certain limited
				  motor vehicle access over Burn Road. This exception applies only to the extent
				  that such activities are in strict conformance with the terms of said contract
				  provisions and the companion deed restrictions.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 190 - Use of State Lands › Specific Areas › Section 190.34 - Stewart state forest

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to other applicable general provisions of this
					 Part, the following requirements apply to Stewart State Forest. In the event of
					 a conflict, these specific requirements will control.
(a) Description. For the purposes of this
				  section, Stewart State Forest means all those State lands lying and situated in
				  the Towns of New Windsor, Montgomery, Hamptonburgh and the Village of Maybrook
				  in Orange County and consisting of the State-owned lands designated by the
				  department as State Reforestation Area Orange #4, Stewart State
				  Forest.
(b) No person shall operate
				  or possess a mechanically propelled vessel other than an electric powered
				  vessel on any water body on the property.
(c) No person shall possess or discharge a
				  rifle or handgun on the property, with the exception of .22 caliber rimfire
				  handguns.
(d) Camping is by permit
				  only and limited to designated sites. The permit must be obtained prior to
				  set-up. Camping is prohibited from the first day of the early bowhunting season
				  in the Southern Zone to the last day of the late muzzleloading and bowhunting
				  season in the Southern Zone.
(e) No
				  person shall operate or possess a snowmobile except:
(1) on trails designated and marked by the
				  department as a "Snowmobile Trail" and only when the trail is completely
				  covered with snow and/or ice; and
(2) on frozen lakes and ponds when access to
				  same may be gained by public highways lawfully designated for snowmobile use,
				  or by trails designated and marked by the department as a "Snowmobile
				  Trail".
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 190 - Use of State Lands › Specific Areas › Section 190.36 - Northern Catskill riparian areas

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to other applicable provisions of this Part,
					 the following requirements apply to the Northern Catskill Riparian Areas. In
					 the event of a conflict between this section and another section of this Part,
					 the more restrictive provision will control.
(a) Description. For the purposes of this
				  section, Northern Catskill Ri- parian Areas means the following state forest
				  preserve lands:
(1) The Kaaterskill Clove
				  Riparian Corridor located in the towns of Hunter and Catskill in Greene County,
				  along State Route 23A, beginning at the intersection of Spruce Creek and
				  Kaaterskill Creek and extending downstream on Kaaterskill Creek approximately 2
				  miles to the state land boundary line. The regulated corridor includes the
				  creek bed, the riparian area on the side of the creek in which State Route 23A
				  is located, extend- ing from the edge of the creek bed to State Route 23A or
				  300 feet, which- ever is greater, and the riparian area on the other side of
				  the creek extend- ing 300 feet from the edge of the creek bed.
(2) The Kaaterskill Falls Riparian Area
				  located in the town of Hunter in Greene County, beginning at a point 150 feet
				  upstream of the Kaaterskill waterfall on Spruce Creek, and extending downstream
				  to the base of the waterfall at the start of the man-made stone staircase. The
				  regulated area includes the Spruce Creek bed, an area on the side of the creek
				  which includes the stone staircase extending 300 feet from the edge of the
				  stream bed or the staircase and the connector trail leading to the Escarpment
				  Trail, whichever is greater, and on the other side of the creek extending 300
				  feet from the edge of the stream bed.
(3) The Platte Clove Riparian Corridor,
				  located in the town of Hunter in Greene County, and the town of Saugerties in
				  Ulster County, beginning at the state land boundary near the intersection of
				  Platte Clove Road and Steenburg Road and extending downstream to the southeast
				  along Platte Clove Road and the Plattekill creek to the boundary of state land,
				  ap- proximately 1.6 miles. The regulated corridor includes the Plattekill creek
				  bed, an area on the side of the creek which includes Platte Clove Road
				  extending 300 feet from the edge of the creek bed to Platte Clove Road or 300
				  feet, whichever is greater, and an area on the other side of the creek
				  extending 300 feet from the edge of the creek bed.
(4) The Colgate Lake Wild Forest Area located
				  in the town of Jewett in Greene County, including 1,375 acres at the eastern
				  end of County Route 78 (Colgate Lake Road), bordered by the Windham-Blackhead
				  Range Wilderness to the north, south, and east. The unit boundary as posted
				  follows the 2,400' contour on the north and south.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 190 - Use of State Lands › Specific Areas › Section 190.37 - Lower Salmon River State Forest

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to other applicable general provisions of this
					 Part, the following requirements apply to Lower Salmon River State Forest. In
					 the event of a conflict, these specific provisions will control.
(a) Description. For the purposes of this
				  section, Lower Salmon River State Forest refers to all those State lands under
				  the jurisdiction of the Department of Environmental Conservation in Constables
				  Purchase Townships 10 and 11 and Scriba's Patent Townships 21 and 22 located
				  along and in the vicinity of the Salmon River from Interstate 81 upstream to
				  Bennett Bridges on Oswego County Route 22, excluding those lands designated as
				  the Salmon River Fish Hatchery, the New York State Department of Environmental
				  Conservation Training Academy, Altmar State Forest and fisherman's parking
				  areas. The lands referred to are a long, irregularly shaped corridor running
				  along the Salmon River for a distance of about 10 miles starting at the Village
				  of Pulaski and extending east to the Lower Salmon River Reservoir. The Lower
				  Salmon State Forest is located in the Towns of Albion, Orwell, and Richland and
				  the Villages of Altmar and Pulaski in Oswego County, being the same lands as
				  more particularly described in deeds conveying such lands to the People of the
				  State of New York, on file in the Department of Environmental Conservation,
				  Albany, New York, and duly recorded in the office of the county clerk of Oswego
				  County.
(b) Camping, including
				  camping in vehicles, is prohibited. No camp, tent, trailer, lean-to or
				  structure of any kind shall be erected or maintained within the area.
(c) No person shall discharge a rifle,
				  shotgun, handgun or muzzle loader, except while lawfully hunting or
				  trapping.
(d) Target shooting is
				  prohibited.
(e) In addition to the
				  provisions set forth in section
				  190.1, the use of fire is
				  prohibited, except for charcoal or gas grills, from May 1st through October
				  31st. The general fire regulations found in section
				  190.1 shall apply from November 1st
				  through April 30th.
(f) The use of
				  snowmobiles is prohibited except on designated snowmobile trails.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 190 - Use of State Lands › Specific Areas › Section 190.38 - Brookfield Trail System

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to other applicable general provisions of this
					 Part, the following provisions apply to any person entering and using Beaver
					 Creek State Forest, Brookfield Railroad State Forest and Charles E. Baker State
					 Forest. In the event of a conflict, these specific regulations shall
					 control.
(a) Description. As used in
				  this section, the following terms shall have the indicated meanings:
(1) Moscow Hill Camping Area shall mean an
				  eight-acre state land area located in the Charles E. Baker State Forest
				  (Madison Reforestation Area 1) lying north of the tributary to Pleasant Brook
				  immediately south of the intersection of Moscow Road and Quaker Hill Road and
				  east of Moscow Road in the Town of Brookfield, Madison County, locally known as
				  the old Civilian Conservation Corps Camp.
(2) The Moscow Hill Assembly Area shall mean
				  a two-acre state land area located in the Charles E. Baker State Forest
				  (Madison Reforestation Area 1) south of the tributary to Pleasant Brook
				  immediately south of the intersection of Moscow Road and Quaker Hill Road and
				  east of Moscow Road in the Town of Brookfield, Madison County.
(3) Cherry Ridge Camping Area shall mean a
				  five-acre state land area located in the Charles E. Baker State Forest (Madison
				  Reforestation Area 1) just east of the intersection of Brown Road and Truck
				  Trail number 8 in the Town of Brookfield, Madison County.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 190 - Use of State Lands › Specific Areas › Section 190.39 - Neversink River Riparian Corridor

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to other applicable general provisions of this
					 Part, the following requirements apply to the Neversink River Riparian
					 Corridor. In the event of a conflict between this section and another section
					 of this Part, the more restrictive provision will control.
(a) Description. For the purposes of this
				  section, the Neversink River Riparian Corridor means all those state forest
				  preserve lands lying and situated within 300 feet on either side of the
				  centerline of the Neversink River situated within the property formerly known
				  as "Camp Pine" adjacent to the west side of County Route 19, Claryville Road,
				  in the Town of Neversink, Sullivan County. The Neversink River Riparian
				  Corridor begins at the New York State land boundary where the state land's
				  southeastern boundary intersects the Neversink River, thence heading north for
				  approximately 4,400 feet, and ending where the state land boundary's
				  northeastern border intersects the Neversink River, encompassing lands
				  designated by the department as the Sundown Wild Forest of the Catskill
				  Park.
(b) No person shall possess
				  coolers larger than 12 inches in any dimension, or alcoholic beverages within
				  the Neversink River Riparian Corridor. No person shall possess a glass
				  container within the Neversink River Riparian Corridor, except when necessary
				  for the storage of prescribed medicines.
(c) No person shall enter the Neversink River
				  Riparian Corridor between one-half hour after sunset and one-half hour before
				  sunrise except for:
(1) licensed anglers for
				  the purpose of fishing;
(2)
				  licensed hunters and trappers for the purpose of hunting or trapping;
(3) persons otherwise authorized by permit
				  issued by the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 190 - Use of State Lands › Specific Areas › Section 190.40 - Adirondack Rail Trail

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to other applicable general provisions of this
					 Part, the following requirements apply to the Adirondack Rail Trail. In the
					 event of a conflict between this section and another section of this Part, the
					 more restrictive provision will control.
(a) Description. For purposes of this section
				  the Adirondack Rail Trail shall mean the section of State land under the
				  jurisdiction of the department beginning at Station Street in Lake Placid and
				  ending at the Tupper Lake Depot in Tupper Lake within the Remsen-Lake Placid
				  Travel Corridor in the Town of North Elba in Essex County, and the Towns of
				  Har-rietstown, Santa Clara, and Tupper Lake in Franklin County.
(b) No person, by any means, shall travel on
				  any portion of the Adirondack Rail Trail at a speed in excess of the posted
				  speed limit, nor shall any person fail to comply with any traffic control sign
				  or device along the Adirondack Rail Trail.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 190 - Use of State Lands › Specific Areas › Section 190.41 - Salt Hill State Forest

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to other applicable general provisions of this
					 Part, the following requirements apply to Salt Hill State Forest. In the event
					 of a conflict, these specific provisions shall control.
(a) Description. For the purposes of this
				  section, Salt Hill State Forest refers to a portion of the Cortlandt Manor
				  Patent, located in the New York City Croton Watershed, approximately 32 miles
				  north of New York City's Central Park, on the north side of Yorktown Road, near
				  New York City's Croton Reservoir. The property includes one parcel, totaling
				  269.7 acres in the Town of Cortlandt, in Westchester County, being the same
				  land as more particularly described in a deed conveying such lands to the
				  People of the State of New York, on file in the Department of Environmental
				  Conservation, Albany, NY, and duly recorded in the offices of the county clerks
				  of Westchester County.
(b) All
				  camping is prohibited within the Salt Hill State Forest.
(c) No person shall enter the Salt Hill State
				  Forest between one-half hour after sunset and one-half hour before sunrise
				  except for:
(1) licensed anglers for the
				  purpose of fishing;
(2) licensed
				  hunters and trappers for the purpose of hunting or trapping;
(3) persons otherwise authorized by permit
				  issued by the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 190 - Use of State Lands › Specific Areas › Section 190.42 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If a 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 the application to other
					 persons and circumstances.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 191 - Forest Fire Prevention › Section 191.2 - Closing of forest lands because of fire hazards

Current through Register Vol. 46, No. 28, July 10, 2024
No person, except when on official business or in cases of
				  emergency, shall enter upon State- owned lands, or upon privately owned forest
				  lands where the owner of said forest lands has consented to extend the
				  application of subdivision 3 of section
				  9-0105 of the Environmental Conservation
				  Law to said privately owned forest lands, after the department has determined
				  that a serious fire hazard exists thereon.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 191 - Forest Fire Prevention › Section 191.3 - Payment for forest fire fighters and equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following shall be the wages paid by
				the department to persons other than its regular employees who are employed by
				the department to suppress forest fires:
(1)
				fire warden--$3 per hour;
(2)
				foreman--$2.25 per hour;
(3)
				equipment operator--the rate paid for such work in the locality in which the
				person is employed to suppress the fire, as determined by the
				department;
(4) fire fighter--$1.75
				per hour.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 192 - Forest Insect And Disease Control › Section 192.1 - Certain cultivars of black currants prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
The planting, growing, propagating, cultivating or selling of
				  plants, roots, or cuttings of cultivated black currants (Ribes nigrum), other
				  than those cultivars that are immune or resistant to white pine blister rust
				  disease or currant rust (Cronartium ribicola) as described in section
				  192.2 of this Part, is prohibited,
				  except in designated fruiting currant districts as defined in section
				  192.3 of this
				  Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 192 - Forest Insect And Disease Control › Section 192.2 - Immune and resistant cultivars of currants and gooseberries

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Certification
				of cultivars. Any person wishing to plant, propagate, cultivate or sell plants,
				roots, or cuttings of cultivated black currants (Ribes nigrum) outside of
				designated fruiting districts, and any person wishing to plant, propagate,
				cultivate or sell plants, roots, or cuttings of any cultivated plants of the
				genus Ribes within designated white pine blister rust quarantine districts,
				must obtain written certification from the department that the cultivar(s) to
				be planted are immune or resistant to white pine blister rust disease. Such
				certification shall only apply to the cultivar(s) and location(s) listed on the
				certificate, and will be valid for the life of the planting unless revoked by
				the department. Persons seeking cultivar certification must submit application
				to the NYSDEC, Division of Lands and Forests, 625 Broadway, Albany, NY
				12233-4253. Application for certification must include name, address and phone
				number of applicant; and name of cultivar(s) proposed for certification and
				locations to be planted.
(b)
				Grounds for certification. The department shall respond to all cultivar
				certification applications within 60 days or less from the receipt of a
				complete application. In reviewing applications for cultivar certification, the
				department shall take into consideration relevant peer- reviewed scientific
				literature, the advice of expert plant pathologists and geneticists, and any
				topographic or climatic factors that would influence the epidemiology of white
				pine blister rust disease.
(c)
				Revocation of certification. The department reserves the right to revoke any
				certification if the plants so certified become visibly infected by white pine
				blister rust disease, or if it finds clear scientific evidence that the
				plant(s) or cultivar(s) in question pose a serious threat to the health of
				forests.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 192 - Forest Insect And Disease Control › Section 192.3 - Fruiting currant districts

Current through Register Vol. 46, No. 28, July 10, 2024
The following districts where the growing of plants of the
				  genus Ribes (currants and gooseberries) for the production of fruit is carried
				  on extensively, or is a potentially important commercial enterprise, are hereby
				  designated as fruiting currant districts:
(a) All of Cattaraugus, Cayuga, Chautauqua,
				Columbia, Dutchess, Erie, Nassau, Niagara, Onondaga, Ontario, Orange, Putnam,
				Rockland, Schuyler, Seneca, Steuben, Suffolk, Tompkins, Westchester and Yates
				counties.
(b) In Clinton County,
				all of the Towns of Altona, Beekmantown, Champlain, Chazy, Clinton, Keeseville,
				Mooers, Peru, Plattsburgh, Rouses Point and Schuyler Falls.
(c) In Greene County, all of the Towns of
				Athens, Catskill, Coxsackie, Greenville and New Baltimore.
(d) In Ulster County, all of the Towns of
				Esopus, Gardiner, Kingston, Lloyd, Marbletown, Marlborough, New Paltz,
				Plattekill, Rosendale, Saugerties, Shawangunk and Ulster.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 192 - Forest Insect And Disease Control › Section 192.4 - White pine blister rust quarantine districts

Current through Register Vol. 46, No. 28, July 10, 2024
The bringing into, planting, possession or propagation of
				  plants of the genus Ribes (currants and gooseberries), unless otherwise
				  permitted as specified in section
				  192.2 of this Part, is hereby
				  forbidden in the following localities:
(a) All of Essex, Hamilton, Herkimer,
				Sullivan and Warren Counties.
(b)
				In Clinton, Franklin, Greene and Ulster Counties, all of the towns not listed
				in section 192.3 of this Part.
(c) In Delaware County, all of the Towns of
				Andes, Colchester, Fleischmanns, Margaretville and Middletown.
(d) In Fulton County, all of the Towns of
				Bleecker, Broadalbin, Caroga, Mayfield, Northampton and Stratford.
(e) In Lewis County, all of the Towns of
				Croghan, Diana, Greig, Harrisville, Lyonsdale and Watson.
(f) In Oneida County, all of the Town of
				Forestport.
(g) In St. Lawrence
				County, all of the Towns of Clare, Clifton, Colton, Fine, Hopkinton,
				Parishville and Piercefield.
(h) In
				Washington County, all of the Towns of Dresden, Fort Ann and Putnam.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 192 - Forest Insect And Disease Control › Section 192.6 - Quarantine orders

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall fail to comply with the provisions of any
				  quarantine order issued by the department pursuant to ECL section 9-1303. To
				  the extent any of the provisions of section
				  192.5 of this Part and any such
				  quarantine order are in conflict, the more restrictive provision shall
				  apply.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 193 - Trees And Plants › Section 193.1 - Nurseries and planting stock

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				department may sell to owners of private land, or managers of public land,
				planting stock from nurseries which it operates.
(b) Reforestation, for the purposes of this
				Part, is the action of renewing forest cover by planting seeds or young
				trees.
(c) Planting stock shall be
				sold at a price determined by the department which shall not exceed the cost of
				production of such stock.
(d) The
				department may refuse to sell planting stock to persons who have not complied
				with the provisions of this section.
(e) Persons who purchase planting stock for
				their own use shall:
(1) be the owner or
				co-owner of land meeting the requirements of paragraph (4) of this subdivision
				or the legal agent of such owner or co-owner; and
(2) plant such stock only on such
				land;
(3) provide transportation
				and pay all transportation charges to point of delivery;
(4) plant such stock within the State of New
				York, on open land and, except in the case of wildlife shrubs, in a block of
				not less than one acre, for conservation purposes;
(5) take necessary measures to protect the
				plantings from fire, grazing and other avoidable damage; and
(6) report the condition of the plantings to
				the department on request and permit representatives of the department to
				inspect such plantings during reasonable hours.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 193 - Trees And Plants › Section 193.2 - Protected trees

Current through Register Vol. 46, No. 28, July 10, 2024
The following trees, by reason of their rarity, uniqueness,
				  scarcity or endangered status, shall be protected pursuant to section
				  9-1503 of the Environmental Conservation
				  Law: Balmville Tree (eastern cottonwood x carolina popular) located at the
				  intersection of River Road, Balmville Road and Grand Avenue in the
				  unincorporated community of Balmville, Town of Newburgh, Orange
				  County.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 193 - Trees And Plants › Section 193.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
When used in this Part, the following words shall have the
				  indicated meanings:
(a) Certification
				means the ginseng carries a certificate of origin issued, in triplicate, by the
				Department of Environmental Conservation, which allows the export from New York
				of ginseng legally collected from the wild or cultivated in New York.
(b) Collector means one who collects ginseng
				in New York State.
(c) Collecting
				means cutting, gathering, rooting, serving, injuring, destroying, removing, or
				carrying away any ginseng plants or parts thereof.
(d) Commissioner means the commissioner of
				the Department of Environmental Conservation.
(e) Cultivated ginseng means ginseng other
				than that found growing naturally in the wild. Cultivated ginseng is grown in
				prepared beds or patches under natural or artificial conditions and is
				manipulated by standard or other appropriate ginseng horticultural or
				agricultural practices.
(f)
				Department means the New York State Department of Environmental
				Conservation.
(g) Export means to
				transport, ship, carry, haul, take or otherwise remove ginseng from New York
				State.
(h) Ginseng means the roots
				and/or aerial parts in whole, part, or in any form, of American ginseng, Panax
				quinquefolius Linnaeus.
(i) Ginseng
				dealer means any person who barters, trades, purchases or otherwise conveys
				ginseng for resale or export including retailers who buy ginseng from
				collectors.
(j) Green ginseng means
				fresh ginseng root(s) that has not been intentionally subjected to a drying
				process and from which most natural moisture has not been removed by
				drying.
(k) Non-New York ginseng
				means ginseng not grown or collected within the borders of the State of New
				York.
(l) Purchase or buy means to
				acquire, obtain, or receive ginseng or to attempt to acquire, obtain or receive
				ginseng by the exchange of money or other valuable consideration and
				specifically includes barter or exchange.
(m) Sell or sale means to dispose of,
				transfer or convey ginseng or attempt to dispose of, transfer or convey ginseng
				by exchange of money or other valuable consideration and specifically includes
				barter or exchange.
(n) State
				inspector means any department employee who has been designated by the
				commissioner to weigh and certify ginseng roots.
(o) Wild ginseng means any ginseng grown
				naturally in New York State, which is not cultivated ginseng. Such wild ginseng
				occurs in naturally perpetuated habitat, where the species is naturally
				propagated or with only limited planting of local wild seed by people, and no
				subsequent tending of the species or habitat before harvest.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 193 - Trees And Plants › Section 193.5 - Collection, sale and conservation of American ginseng in New York

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Season.
(1) Wild ginseng may be collected only
				between September 1st and November 30th of any year.
(2) The purchase from collectors or sale to
				dealers of green wild ginseng between the 1st day of January and the 31st day
				of August is prohibited.
(3) Dry
				ginseng may not be purchased or sold during the period of April 1st to
				September 15th in any year unless previously weighed and recorded by the State
				by March 31st.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 193 - Trees And Plants › Section 193.6 - Certification of ginseng

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All New York
				ginseng intended for export must be certified by the department, on forms
				provided by the department, before export from the State. Certification must
				include: date of harvest, weight of ginseng, designation of cultivated or wild,
				whether ginseng is green or dry, dealer's signature, State inspector's
				signature, date of certification, shipment number, dealer's registration
				number, and certification number. Inspection of ginseng to verify plant
				maturity will be made at this time of certification. Inspections will be made
				at department regional or suboffices in regions 2 through 9. Inspections will
				be made by department employees designated by the commissioner. Dealers must
				make appointments for inspections with department inspectors.
(b) Non-New York ginseng will not be
				certified as New York ginseng.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 193 - Trees And Plants › Section 193.7 - Ginseng dealers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Permit. Any
				ginseng dealer residing in New York must obtain a dealer's permit from the
				department. Any nonresident ginseng dealers who purchase wild or cultivated New
				York ginseng must obtain a dealer's permit from the department and comply with
				this Part. This permit will be valid for a calendar year or as established by
				the department.
(b) Records. All
				ginseng dealers must keep records, on forms furnished by the department, of all
				commerce in ginseng. These records must include: record number, date of
				purchase, name, address and phone number of the collector or ginseng dealer
				from whom the ginseng was purchased, date collected, designation of wild or
				cultivated, whether ginseng was green or dry, county and town where dug, or
				foreign country or other state where ginseng was originally certified and
				identification of original certification, weight of ginseng bought or sold in
				pounds and ounces, dealer registration number, other State certificate number,
				and signature of dealer and dealer address. These records must be kept for a
				period of three years and must be made available to the department upon
				request.
(c) Reports. Dealers must
				report all ginseng commerce to the department every year. Reports are due on
				January 15th. Reports must be made on forms furnished by the department and
				will cover the dealer's commercial ginseng activity for the previous calendar
				year.
(d) Purchase. Ginseng
				dealers, when dealing in New York ginseng, must handle only ginseng collected
				in accordance with section
				193.5 of this Part. Non-New York
				ginseng must be purchased in accordance with rules of the state or country of
				origin. Uncertified non-New York ginseng may not be purchased and
				exported.
(e) Unsold ginseng.
				Ginseng unsold by dealers by March 31st must be weighed by the department and
				recorded. Future sales and certification will be issued against this
				weight.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 193 - Trees And Plants › Section 193.8 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
The civil and criminal penalty provisions of Environmental
				  Conservation Law, sections 71-4001 and 71-4003, are applicable to violations of
				  this Part. In addition, permit modifications, suspensions or revocations will
				  be governed by section
				  621.13 of this
				  Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 194 - Forest Practices › Section 194.2 - Prescribed fires on state land under the jurisdiction of the department

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department
				is authorized to set management-ignited prescribed fires and manage naturally
				ignited prescribed fires for purposes including, but not limited to
				silviculture, wildlife management, habitat management, insect and/or disease
				control, forest fuel reduction, wildfire suppression or as an alternative
				action to mechanical or chemical control of vegetation.
(b) No prescribed fire, either intentionally
				or naturally ignited, shall be set or be allowed to burn on land constituting
				the forest preserve or on any State land within the Adirondack or Catskill
				Parks for any purpose other than fire suppression.
(c) Management-ignited prescribed fires shall
				not be set until a prescribed fire management plan is approved which contains
				provisions for notifying or waiving notification concerning such fire to local
				fire officials, airports, police agencies and health care facilities.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 194 - Forest Practices › Section 194.4 - Prescribed burns on nondepartment lands

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall ignite a prescribed burn
				without first receiving written authorization from the department. The
				department may authorize a person, State agency, public authority, county,
				town, village, city or municipal agency to use prescribed burns on public or
				private forest lands for purposes including, but not limited to silviculture,
				wildlife management, habitat management, insect and/or disease control, forest
				fuel reduction or as an alternative action to mechanical or chemical control of
				vegetation pursuant to a written prescribed burn management plan prepared by or
				for such landowner. The prescribed burn plan must be submitted for approval to
				the appropriate regional land manager of the department. The prescribed burn
				plan shall contain, but is not limited to the requirements in section
				194.5 of this Part.
(b) Those persons engaged in the practice of
				agriculture are exempt from the requirements of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 194 - Forest Practices › Section 194.5 - Prescribed burn plan for nondepartment lands

Current through Register Vol. 46, No. 28, July 10, 2024
The prescribed burn plan shall include, but not be limited to
				  the following elements:
(a) Landowner
				or prescribed burn manager qualifications: a description of the landowner's or
				prescribed burn manager's training and expertise in conducting prescribed burn
				activities.
(b) Prescribed burn
				unit description: a map at the appropriate scale and a narrative description
				identifying the area or areas on which prescribed burn activities will be
				undertaken.
(c) Goals and
				objectives: a description of the ecological purposes and objectives of the
				prescribed burn, including an identification of the specific species or natural
				communities that are intended to be affected by the burn.
(d) Cover and fuel loads: a description of
				the vegetative cover and fuel loads on each area to be subjected to prescribed
				burning.
(e) Timing and weather
				conditions: a description of physical conditions, such as time of year, wind
				speed and direction, and air temperature and humidity, which must be met before
				a prescribed burn is initiated.
(f)
				Intensity and duration of burn: a description of the anticipated intensity and
				duration of the prescribed burn, such as flame length and rate of spread, given
				the fuel loads and physical prescriptions described.
(g) Logistics: a description of the logistics
				of the prescribed burn operation, number of personnel and description of
				duties, and fire management equipment that will be deployed to assure that the
				burn is restricted to the area or areas identified for prescribed burn
				management. This will include but not be limited to a description of the method
				of ignition, ignition pattern, containment, mop-up and patrol
				procedures.
(h) Suppression: a
				description of fire suppression activities to be immediately implemented should
				the prescribed burn threaten to escape, or actually escape, beyond the
				boundaries identified for such burn.
(i) Notification: a description of the
				procedures for notifying appropriate department forest protection and fire
				management staff, local fire officials, law enforcement personnel and adjoining
				landowners of the actual date, time and estimated duration of any prescribed
				burn.
(j) Communications: a list of
				key communication contacts and telephone numbers.
(k) Smoke management: identify potential
				smoke affected areas and smoke management strategies to avoid such areas, and
				to reduce and/or disperse emissions to minimize any adverse effect on the
				environment, including human health and welfare. Also note procedures for
				compliance with applicable State and local regulations.
(l) Required signatures and approvals: the
				names and signature lines of the preparers of the prescribed fire plan, and for
				those who have the authority to review and approve the plan and modifications
				of the plan.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 194 - Forest Practices › Section 194.6 - Review of prescribed burn management plans for nondepartment lands

Current through Register Vol. 46, No. 28, July 10, 2024
The prescribed burn plan shall be submitted to the
				  appropriate regional land manager of the department no later than 60 working
				  days prior to the proposed date of the burn. It shall be reviewed by the
				  regional land manager and the regional forest protection and fire management
				  staff as needed for conformance to the requirements of section
				  194.5 of this Part and to the
				  accepted conditions for prescribed burns. If necessary, an on-site review of
				  the prescribed burn plan shall take place to refine or modify the prescribed
				  burn plan. The appropriate regional land manager shall also provide the chief
				  or other official in charge of the fire department or company within whose
				  territorial jurisdiction the proposed prescribed burn is located an opportunity
				  to review and comment on the written prescribed burn management
				  plan.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 194 - Forest Practices › Section 194.7 - Approval of prescribed burn management plans for nondepartment lands

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall have 30 working days to review and take
				  action upon the prescribed burn management plan. Upon the determination that
				  the plan conforms with the requirements of section
				  194.5 of this Part and the
				  necessary permits have been obtained, the regional land manager may approve the
				  plan. Such approval shall be in writing and shall specify the area of land
				  approved for burning, the person or organization authorized to conduct the burn
				  and the dates for which the approval is valid. However, no plan shall be
				  approved if the department determines that the landowner or landowner's agent
				  for the burn has not demonstrated the necessary expertise to properly implement
				  the prescribed burn plan.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 194 - Forest Practices › Section 194.8 - Protection of adjoining property

Current through Register Vol. 46, No. 28, July 10, 2024
For prescribed fires and prescribed burns, a minimum distance
				  between the fire and property of adjacent landowners shall be maintained in
				  order to protect such property. This distance shall be determined by analyzing
				  the prescribed fire requirements (including weather information), calculated
				  flame spread and the sensitivity of the adjacent property. Under normal
				  circumstances prescribed fires shall not be set or allowed to burn within 75
				  feet of an adjacent property. A written waiver of this limitation by owner(s)
				  of the adjacent property shall be included in the plan, where applicable. The
				  department may also require an expansion of the 75 foot minimum buffer, if
				  conditions so warrant. Prescribed fires and prescribed burns shall be contained
				  within a predetermined area and shall be managed to the greatest extent
				  possible to avoid damage to adjacent property.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 194 - Forest Practices › Section 194.9 - Permits

Current through Register Vol. 46, No. 28, July 10, 2024
Management-ignited prescribed fires and prescribed burns for
				  which authorization under this Part is granted will not be subject to the
				  permit requirements of article 19 of the Environmental Conservation Law and any
				  duly promulgated regulations thereunder. Prescribed natural fires do not
				  require a permit.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 194 - Forest Practices › Section 194.10 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
Within 60 days of the final day of the period for which a
				  prescribed fire or prescribed burn has been authorized, the person or
				  organization conducting the prescribed fire or prescribed burn shall submit a
				  report to the appropriate regional land manager describing: whether the
				  prescribed fire or prescribed burn took place, including the actual days on
				  which the action was conducted; and, if the action took place: the weather
				  conditions that existed at the time of the action, how actual fire and smoke
				  behavior correlated with predicted behavior, whether the objectives set forth
				  in the prescribed fire plan or prescribed burn plan were achieved while having
				  a minimal adverse impact on the environment, an assessment of the impact of the
				  action on the environment including wildlife and their habitat and whether
				  additional measures could be taken in the future to reduce this
				  impact.