N.Y. Comp. Codes R. & Regs. tit. 6 § 190.10

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

Section 190.10 - Unique areas

(a) Applicability. All unique areas are posted as such; descriptions of each unique area are available at the central and regional offices of the Department of Environmental Conservation. Specific regulations for individual unique areas are set forth in the following subdivisions of this section and supersede the general regulations enumerated in this Part in the event of a conflict.

(b) Labrador Hollow unique area. Those lands in the Town of Fabius, Onondaga County and the Town of Truxton, Cortland County described in "Boundary Description of Labrador Hollow Unique Area" on file in the central and region 7 offices of the department.

(1) bathing or swimming is prohibited;

(2) boat launching is permitted only from the designated area;

(3) motorized boats are prohibited;

(4) fires are prohibited;

(5) camping is prohibited;

(6) snowmobiling is prohibited;

(7) domestic animals must be under the complete control of their owner/handler;

(8) hunting and trapping are prohibited within zone 1. Fishing is permitted from boats and canoes on the pond, but is prohibited from the shoreline unless from a designated area. Zone 1 includes all the lands within the following bounds: Beginning at the intersection of the north bounds of Markham Hollow Road and the west bounds of Labrador Road; thence southerly along the west bounds of Labrador Road to the county line between the counties of Onondaga and Cortland; thence easterly along the county line to the west shore of Labrador Pond; thence along the shoreline of Labrador Pond in a southerly, easterly and northerly direction to the intersection of the east shore of Labrador Pond with the county line; thence easterly along the county line to the west bounds of Route 91; thence southerly along the west bounds of Route 91 to a point approximately 1,000 feet southerly of the point where Tinkers Falls Creek crosses Route 91; thence easterly to the east bounds of the unique area; thence northerly along the east boundary to the northeast corner of the unique area; thence westerly, southerly and westerly along the northern boundary of the unique area to the easterly boundary of Route 91; thence southerly along the easterly boundary of Route 91 to its intersection with the northerly bounds of Markham Hollow Road; thence westerly along the northern boundary of Markham Hollow Road to the point of beginning. This zone includes Labrador Pond in its entirety, the wetland walkway site, the Finger Lakes Trail, and Tinkers Falls. Zone 2 includes the remainder of the unique area; and

(9) all hunting, fishing and trapping are permitted within zone 2. Zone 2 includes the remainder of the unique area.

(c) Neversink River unique area. All lands owned by the People of the State of New York lying and situated in the Towns of Thompson and Forestburgh and abutting that reach of the Neversink River from its confluence with Mercer Brook south to the Sullivan-Orange county line.

(1) fires are prohibited at all times;

(2) camping is prohibited;

(3) rock climbing, the riding or other use of horses, swimming and hang gliding are prohibited;

(4) the launching of mechanically propelled vessels from the area is prohibited;

(5) parking of motor vehicles permitted in designated sites only;

(6) all users of the area shall comply with all official department signs, including any signs indicating a restricted area to which entry by members of the public is prohibited;

(7) canoes, kayaks, and floats may be portaged only at designated locations;

(8) the area is open for public entry and use only from one-half hour before sunrise until one-half hour after sunset;

(9) the use of snowmobiles is prohibited; and

(10) the defacement, destruction or removal of any State property from the area is prohibited.

(d) Zoar Valley unique area. Specific regulations for Zoar Valley unique area are included in section 190.25 of this Part.

(e) Salmon River Falls unique area. Description: For the purposes of this section, Salmon River Falls unique area refers to all those State lands lying and situated in the Town of Orwell, Oswego County, being a portion of lots 73 and 74 of Township 11 of Constable's Purchase, the same lands as more particularly described as project "OS - Oswego 95.08, Salmon River Falls Parcel" in liber 1237 of deeds on pages 215, 216 and 217. Said Salmon River Falls unique area shall be hereinafter referred to in this section as "area."

(1) The area is closed to any and all public use of any kind between the hours of sunset and sunrise.

(2) The possession of alcoholic beverages, glass containers, except for prescription medications and paint are prohibited on the area.

(3) Campfires and rock climbing are prohibited on the area.

(4) No person shall throw or cast any object or item into the river gorge on the area.

(5) Motorized vehicles, snowmobiles and horses are prohibited on the area.

(6) A restricted area has been established which includes the cliff face of the waterfalls and adjacent gorge; a 15 foot strip along the cliff edge; the plunge pool and falling rock zone. All public access is prohibited in the restricted area.

(7) The Gorge Trail is closed to the public from November 15th to May 1st, except to registered ice climbers.

(8) The Gorge Trail, Riverbed Trail and Upper Falls Trail is closed during high water events.

(f) Henderson Shores unique area. Description: for the purposes of this section, Henderson Shores unique area, referred to in this section as the area, means all those State lands located in Jefferson County in the Town of Henderson, on portions of lots 15, 16, 26, 27, 36 and 37, Black River Tract, Township No. 6, Constable's Eleven Towns, Great Tract No. 5, Macomb's Purchase.

(1) All camping shall be prohibited.

(2) The area shall be closed to public use between the hours of 10:00 p.m. and 5:00 a.m.

(3) All campfires are prohibited.

(4) No person shall possess glass containers.

(g) Croton Gorge Unique Area. Description: For the purposes of this section, Croton Gorge Unique Area, referred to in this section as "the area", means all those state lands located in Westchester County in the Town of Cortlandt, in a portion of the Cortlandt Patent.

(1) All camping shall be prohibited.

(2) Public use of the property will be allowed from sunrise to sunset only.

(3) The use of any type of fire shall be prohibited including the use of charcoal or gas grills.

(4) Possession or consumption of alcoholic beverages shall be prohibited.

(5) No person shall play a musical instrument or audio device, including, but not limited to radios, tape players, compact disc or digital players, unless the noise is rendered inaudible to the public by personal noise-damping devices such as headphones or earbuds.

(h) Onondaga Escarpment Unique Area. Those state lands situated in the Town of Newstead, Erie County, recorded in Liber 10369 on page 72 and being a portion of lots 40, 43 and 44 of Township 12, range 5 and more particularly described as "Project: E-UC Erie 18" (Map No. 10688), on file in the central and regional offices of the department.

(1) fires are prohibited at all times, except prescribed fires as directed by the department;

(2) bathing and swimming are prohibited;

(3) camping is prohibited;

(4) snowmobile use is prohibited;

(5) parking of motor vehicles is permitted only in designated sites;

(6) discharging of a firearm is prohibited except as authorized under 190.10(h)(7);

(7) hunting and trapping are prohibited, except by authorized permit issued by the department;

(8) off-road vehicle use is prohibited;

(9) the area is open for public entry and use only from one-half hour before sunrise until one-half hour after sunset;

(10) the riding, driving, or leading of horses is prohibited.

(i) Rush Oak Openings Unique Area (Monroe #1).

Description: For the purposes of this section, Rush Oak Openings Unique Area refers to the portions of the Phelps and Gorham Purchase in Townships 25, 26, and 36 in Ranges 7, located in the Finger Lakes Region, approximately 12 miles south of the City of Rochester. The property includes three small parcels, totaling approximately 240 acres in the Town of Rush, in Monroe County, being the same lands as more particularly described in deeds conveying such 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 offices of the county clerks of Monroe County. In the Rush Oak Openings Unique Area:

(1) utilizing fire, except prescribed fires as directed by the department is prohibited;

(2) camping is prohibited;

(3) operating or possessing a snowmobile is prohibited;

(4) introducing, using, or maintaining a horse, work animal or other herbivorous animal is prohibited;

(5) parking a motor vehicle other than at a designated parking area is prohibited;

(6) discharging a firearm except, for the legal taking of game is prohibited.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 190.10

Amended New York State Register July 13, 2016/Volume XXXVIII, Issue 28, eff. 7/13/2016

Amended New York State Register December 1, 2021/Volume XLIII, Issue 48, eff. 12/1/2021

Amended New York State Register May 24, 2023/Volume XLV, Issue 21, eff. 5/24/2023