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 190.25 - Zoar valley multiple use area including zoar valley unique area

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicability.
				  For purposes of this section, Zoar Valley Multiple Use Area including Zoar
				  Valley Unique Area means all those State lands, excluding East Otto State
				  Forest, lying and situated in the Towns of Otto and Persia, Cattaraugus County,
				  and the Town of Collins, Erie County, including a five-mile segment of
				  Cattaraugus Creek and a two-mile segment of the south branch of Cattaraugus
				  Creek, and being the same lands as more particularly described in several deeds
				  conveying said 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
				  office of the county clerk of the County of Cattaraugus and the office of the
				  county clerk of the County of Erie, respectively. Said Zoar Valley Multiple Use
				  Area including Zoar Valley Unique Area shall be hereinafter referred to in this
				  section as "area." The provisions of this section shall not apply to, and the
				  references hereinafter to the "area" shall not include, the detached parcel of
				  Zoar Valley Multiple Use Area, generally located between Wickham Road and Forty
				  Road. This provisions of this section shall supersede the general regulations
				  enumerated in this Part in the event of a conflict.
(b) The area shall be closed to any and all
				  public use of any kind between the hours of sunset and sunrise.
(c) Motor vehicles, including snowmobiles but
				  not limited thereto, are prohibited from operating in or on the area, except on
				  town or county roads therein, or as permitted on roads and parking areas
				  designated and marked for motor vehicle use by the commissioner.
(d) No person shall park any motor vehicle,
				  including self-propelled and nonself-propelled vehicles, except on and within
				  areas designated and marked as such parking areas by the
				  commissioner.
(e) No person, other
				  than employees of the department, State Police and police officers, shall
				  possess, carry, discharge or use firearms, ammunition, explosives or explosive
				  substances or fireworks on the area, except that during the small game and big
				  game hunting seasons, provided for by law, firearms and bows and arrows may be
				  possessed and discharged.
(f) No
				  fires shall be permitted in the area.
(g) No person shall deposit in or on any part
				  of the area any garbage, sewage, refuse, waste or other obnoxious material
				  otherwise than in receptacles provided for such purposes.
(h) No person shall throw, cast, lay, deposit
				  or discharge into or leave in any waters flowing within or standing on said
				  area, any substance, matter or thing, liquid or solid, which may or shall
				  result in the pollution of said waters.
(i) No person shall bathe or swim in any of
				  the waters flowing or standing through or on the area.
(j) No camp, tent, trailer, shelter, lean-to
				  or structure of any kind shall be erected or maintained within the
				  area.
(k) No person shall injure,
				  deface, disturb, steal, molest or befoul any part of the area or building,
				  spring, well, sign equipment or other structure or property found therein; nor
				  shall any tree, flower, fern, shrub, grass, rock or other mineral, or any part
				  thereof, be removed, injured or destroyed.
(l) No person shall: disobey an order of a
				  ranger, member of the State Police or any other police officer, or refuse to
				  obey a lawful order given by an employee of the department authorized to give
				  orders and identified by a uniform, badge or other identification; or disobey
				  the directions of any departmental sign; use threatening, abusive, insulting
				  language; do any obscene or indecent acts; throw stones or other missiles;
				  annoy persons, interfere with, encumber, obstruct or render dangerous any
				  drive, spring, well, path, walk or public place; do any act tending to or
				  amounting to a breach of peace; engage in, instigate, aid or encourage a
				  contention or fight; or assault any person.
(m) No person shall erect a sign, notice or
				  poster at any place within the area without a permit therefor; nor shall any
				  musical instrument, radio, talking machine or drum be operated or any noise be
				  made for the purpose of attracting attention to any exhibition of any
				  kind.
(n) No person shall erect any
				  structure, stand or platform, hold any meeting, perform any ceremony, make a
				  speech, address or harangue, exhibit or distribute any sign, placard, notice,
				  declaration or appeal of any kind or description; or being in or on a vehicle,
				  race with another vehicle, whether such race be founded on any stake, bet or
				  otherwise; except by permit.
(o) No
				  parade, drill or maneuver of any kind shall be conducted, nor shall any
				  procession form for parade or proceed on the area without a permit
				  therefor.
(p) No person shall
				  possess or carry alcoholic beverages or glass containers, except for
				  prescription medicines.
(q) No
				  bicycles, skateboards or similar equipment, horses or other work animals shall
				  be permitted in or on the area, except on town or county roads therein, or as
				  permitted on roads and parking areas designated and marked for motor vehicle
				  use by the commissioner.
(r) No
				  person shall proceed upstream, either by land or water, in the area beginning
				  at the abandoned Forty Road bridge abutments, and extending upstream on the
				  South Branch of Cattaraugus Creek to the state land boundary line, except for
				  licensed anglers for the purpose of fishing, or by authorized permit issued by
				  the department;
(s) No person shall
				  enter any area designated as restricted by the department, except on trails
				  designated and marked by the department, or by authorized permit issued by the
				  department;
(t) No person shall
				  enter the area within 15 feet of cliff edges; except on trails designated and
				  marked by the department; when engaged in ice climbing or rappelling by rope;
				  or by authorized permit issued by the department;
(u) No person shall scale or climb cliff
				  walls, including any waterfall, except when engaged in ice climbing or
				  rappelling by rope; or by authorized permit issued by the
				  department.