N.Y. Comp. Codes R. & Regs. tit. 6 § 190.36

Current through Register Vol. 46, No. 45, November 2, 2024

Section 190.36 - Northern Catskill riparian areas

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.

(b) No person shall kindle, build, maintain or use a fire, including, but not limited to, charcoal fires, wood fires, gas grills, propane stoves, or other portable stoves, within the Northern Catskill Riparian Areas, except at designated campsites or where camped in compliance with subdivision 190.3(b) of this Part.

(c) No person shall possess a glass container within the Northern Catskill Riparian Areas, except when necessary for the storage of medicines.

(d) No person, within the Northern Catskill Riparian Areas, shall play an audio device, including, but not limited to, radios, tape players, compact disc or digital players, except at designated campsites, or where camped in compliance with subdivision 190.3(b) of this Part, unless the noise is rendered inaudible to the public by a noise-damping device, such as headphones or earbuds. At designated campsites or where camped in compliance with subdivision 190.3(b) of this Part, no person shall use any audio device which is audible outside the immediate area of the campsite.

(e) No person shall possess or consume beverages containing alcohol, including, but not limited to beer, wine, and liquor within the Northern Catskill Riparian Areas, except when transporting to, or at, designated camping sites, or where camped in compliance with subdivision 190.3(b) of this Part.

(f) No person shall enter restricted areas, as designated by signs in the Northern Catskill Riparian Areas.

(g) No person shall possess a portable generator within the Kaaterskill Clove Riparian Corridor, the Kaaterskill Falls Riparian Area, or the Colgate Lake Wild Forest Area, except at designated campsites or where camped in compliance with subdivision 190.3(b) of this Part. Possession of portable generators is prohibited within the Northern Catskill Riparian Corridor in the Indian Head Wilderness Area, located in the Town of Hunter, Greene County and the towns of Saugerties and Woodstock, Ulster County, lying generally west of the east boundary of the Catskill Park, south of Platte Clove, east of Devil's Tombstone Campground and north of the hamlets of Lake Hill and Shady.

(h) No person shall enter into, or remain in, the Kaaterskill Clove or Platte Clove Riparian Corridors between one-half hour after sunset and one-half hour before sunrise except for:

(1) persons camping at designated campsites, or where camped in compliance with subdivision 190.3(b) of this Part;

(2) licensed hunters, anglers, and trappers for the purpose of hunt- ing, fishing, or trapping;

(3) pedestrians using marked hiking trails to cross the areas; or

(4) persons otherwise authorized by permit issued by the department.

(i) In the Kaaterskill Falls Riparian Area, no person shall enter the area located within six (6) feet of cliff edges, except: on marked trails, including the man-made stone staircase and the trail leading to the first water plunge pool, commonly referred to as the mid-pool; when engaged in ice climbing or rappelling by rope; or by authorized permit issued by the department.

(j) In the Kaaterskill Falls Riparian Area, no person shall enter the wa- ter, wade, or swim within 150 feet upstream of Kaaterskill Falls.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 190.36

Renumbered from 190.35 New York State Register October 12, 2016/Volume XXXVIII, Issue 41, eff.10/12/2016

Adopted New York State Register March 20, 2019/Volume XLI, Issue 12, eff. 3/20/2019