N.Y. Comp. Codes R. & Regs. tit. 6 § 190.0

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

Section 190.0 - Introduction

(a) Except as otherwise provided, the provisions of this Part shall apply to all persons entering upon or using State lands under the department's jurisdiction that are administered by the Division of Lands and Forests, the Division of Operations, or both, including but not limited to such lands as unique areas, State forests, reforestation areas, multiple use areas, forest preserve, conservation areas, natural resource management areas, preserves, campgrounds and environmentally sensitive lands, and to those rights owned and managed by the State as conservation easements as defined in section 190.12 of this Part.

(b) Definitions. As used in this Chapter, the following words shall have the indicated meanings:

(1) Bicycle shall mean a vehicle with two or more wheels, a steering handle, a saddle seat, or seats and pedals by which it is propelled.

(2) Camp shall mean any form of temporary shelter, including but not limited to a tent, motor home travel trailer, mobile home, or the use of any vehicle for shelter or sleeping.

(3) Commissioner shall mean the State Commissioner of Environmental Conservation.

(4) Conservation easement means an easement, covenant, restriction or other interest in real property, which limits or restricts development, management or use of such real property for the purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural, or natural condition, character, significance or amenities of the real property in a manner consistent with the public policy and purpose set forth in section 49-0301 of the Environmental Conservation Law.

(5) Department means the New York State Department of Environmental Conservation.

(6) Environmentally sensitive lands means State lands of exceptional scenic beauty, exceptional forest character, open space, pine barrens, trailways, unique character or public access acquired under the authority of section 52-0701 of the Environmental Conservation Law.

(7) Mechanically propelled vessel shall mean any boat or other vessel for transporting personnel, supplies or material on water, which incorporates a motor or engine of any type for propulsion.

(8) Motor vehicle shall mean a device for transporting personnel, supplies or material incorporating a motor or an engine of any type for propulsion, and with wheels, tracks, skids, skis, air cushion or other contrivance for traveling on or adjacent to land, water or ice. It shall include such vehicles as automobiles, trucks, jeeps, all-terrain vehicles, duffel carriers, snowcats, bulldozers and other earth-moving equipment, but shall not include snowmobiles.

(9) Motorized equipment means machines not designed for transporting people, supplies or material, or for earth moving but incorporating a motor, engine or other nonliving power source to accomplish a task, such as, but not limited to, chain saws, brush saws, rotary or other mowers, rock drills, cement mixers, and generators.

(10) Person with a disability for the purposes of this Part shall mean a person with a physical impairment that substantially limits one or more of the major life activities of such individual.

(11) Public campgrounds means any intensive use area designated as a public campground, operated by the Department of Environmental Conservation, where a user fee is collected for public use. Public campgrounds also include the following special facilities: Lake George Beach Park, Lake George Battlefield Park, Prospect Mountain Veterans Memorial Highway, Fourth Lake Picnic Area and Hinckley Reservoir Picnic Area.

(12) Self-issuing permit means a department form which is filled out by visitors at trailhead register boxes or is issued by a department employee, the original of which is deposited in the register box and a copy of which is carried by the visitor. Such permits may include information on rules and regulations, safety, and general backcountry guidelines.

(13) Structure shall mean any object or improvement constructed, installed or placed on State lands, including but not limited to trails, roads, bridges, ramps, buildings, sheds, lean-tos, picnic tables, monuments, memorials, permanent tree stands or permanent hunting blinds, posts, rails, handrails, steps, fences, pipelines, oil, gas and other well structures, septic systems, fuel tanks, utility lines, including but not limited to telephone, electric and cable, mobile homes, campers, trailers, signs, docks and dams, except that tents, campers, temporary blinds and other temporary objects related to authorized recreational activities shall not be considered structures for the purposes of this definition, provided that such objects are in compliance with rules and regulations governing such activities on State lands.

(14) Unique area means State lands acquired under the authority of section 51-0701 (3) of the Environmental Conservation Law.

(15) Wilderness area means a unit of State land in the Adirondack Park or Catskill Park which is classified as wilderness by the Adirondack Park State Land Master Plan or Catskill Park State Land Master Plan, respectively.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 190.0