New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 194 - Forest Practices › Section 194.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following terms shall have the
				  indicated meanings:
(a) Agriculture
				shall mean the science, art and business of cultivating the soil, producing
				crops (including field crops, fruits, vegetables and horticultural
				specialties), growing livestock feed, and raising and maintaining livestock and
				livestock products (including cattle, sheep, hogs, goats, horses, poultry, fur
				bearing animals, milk, eggs and furs) useful to humans, commonly known as
				farming. Agriculture will not include the raising of crops, products, or
				livestock which are not primarily intended to be sold.
(b) Commissioner shall mean the Commissioner
				of the Department of Environmental Conservation of the State of New
				York.
(c) Department shall mean the
				Department of Environmental Conservation of the State of New York, its officers
				and employees.
(d) Fire unit shall
				mean the land area to be treated using a prescribed fire or prescribed
				burn.
(e) Forest land shall mean
				land carrying forest growth or, if totally lacking it, bearing evidence of
				former forest and not now in other use. It includes not only lands which may be
				covered with tree growth but also lands best adapted to forests.
(f) Management-ignited prescribed fire,
				prescribed fire,or prescribed burn shall mean the intentional setting of forest
				land on fire under carefully controlled conditions to achieve a vegetative or
				wildlife management goal adhering to a written and approved prescribed fire
				plan.
(g) Nondepartment lands shall
				mean all lands not under the jurisdiction of the department, including but not
				limited to lands under the jurisdiction of other state agencies or public
				authorities, lands owned by counties, towns, villages, cities or other
				political subdivisions of the State, and privately owned lands.
(h) Person shall mean for the purposes of
				this Part an individual, organization, corporation, state agency other than the
				department, public authority, county, town, village, city, municipal agency or
				other private forest landowner.
(i)
				Prescribed burn plan or prescribed burn management plan shall mean a written
				design for the use of fire to accomplish management goals and incorporating all
				applicable requirements in section
				194.5 of this Part.
(j) Prescribed fire plan or prescribed fire
				management plan shall mean a written design for the use of fire to accomplish
				management goals and incorporating all applicable requirements in section
				194.3 of this Part.
(k) Prescribed natural fire shall mean a fire
				ignited by natural causes and allowed to continue to burn to predetermined
				containment points as long as the characteristics of the fire remain within a
				written and approved prescribed fire plan containing applicable requirements in
				section 194.3 of this Part.
(l) Regional land manager shall mean the
				senior departmental program person to whom a given parcel is assigned for
				management in a departmental region; e.g., Regional Wildlife Manager, Regional
				Forester, Regional Forestry Manager, Chief of the Bureau of Marine Habitat
				Protection for department-owned tidal wetlands.