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 190.8 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The use of
				  State lands or any structures or improvements thereon for private revenue or
				  commercial purposes is prohibited, except as authorized by section
				  190.7 of this Title and
				  Environmental Conservation Law, sections 9-0505, 9-0507 and article 11. This
				  subdivision does not apply to the exercise of rights of fee owners of private
				  lands subject to conservation easements.
(b) Except in an emergency, no mechanically
				  propelled vessel equipped with living quarters shall be anchored or moored to
				  (1) State land above water except under permit from the department, or (2)
				  State land under water for a period in excess of 24 hours. The permit and the
				  24-hour period referred to hereinabove may be terminated by the department in
				  the event that the vessel operator fails to comply with any provision of the
				  Navigation Law of the State of New York or any rule or regulation adopted
				  pursuant thereto, or anchors, moors, or otherwise maintains such vessel in such
				  a manner as to create a hazard to navigation.
(c) No boat of any kind shall be tied up or
				  otherwise fastened to any State dock so as to prevent free access to such
				  structure.
(d) The use of
				  toboggans, sleds and snowmobiles on ski trails and ski slopes is
				  prohibited.
(e) Any tent or other
				  camping structure left unoccupied for more than 48 hours may be taken down or
				  removed by the department.
(f) The
				  sale of all alcoholic beverages is prohibited on all State lands at any time
				  except by concessionaires and then only when such sales are provided for in
				  concession agreements.
(g) No
				  person shall deface, remove, destroy or otherwise injure in any manner
				  whatsoever any tree, flower, shrub, fern, fungi or other plant like organisms,
				  moss or other plant, rock, soil, fossil or mineral or object of archaeological
				  or paleontological interest found or growing on State land, except for personal
				  consumption or under permit from the Commissioner of Environmental Conservation
				  and the Commissioner of Education, pursuant to section
				  233 of the
				  Education Law.
(h) Gambling for
				  money or any other valuable thing upon any State land is prohibited.
(i) No person shall erect or post any notice
				  or sign upon State land at any time.
(j) No person shall, while on State land or
				  waters under the jurisdiction of the department:
(1) intentionally obstruct, prevent or
				  attempt to prevent any officers or employees of the department from performing
				  their legal duties, by means of intimidation, physical force, interference or
				  disobedience of any lawful order or by means of any independently unlawful
				  act;
(2) intentionally expose the
				  private or intimate parts of his or her body in a lewd manner;
(3) obstruct vehicular or pedestrian traffic
				  with intent to cause public inconvenience, annoyance or alarm, or recklessly
				  create a risk;
(4) engage in
				  fighting or violent, tumultuous or threatening behavior; or
(5) engage in any other activity which
				  violates the Penal Law.