N.Y. Comp. Codes R. & Regs. tit. 6 § 190.12

Current through Register Vol. 46, No. 43, October 23, 2024

Section 190.12 - Conservation easements

(a)Applicability.

This section applies only to conservation easement lands to which the public has a right of access. Unless specified otherwise in this section, the following sections of this Part apply to persons using conservation easement lands under the jurisdiction of the department's Lands and Forests Division: sections 190.0, 190.1, 190.2, 190.3, 190.4 and 190.8.

(b)General.

Unless specified otherwise in this section, the following regulations also apply to persons using conservation easement lands.

(1) No person shall deface, mutilate, remove or destroy any sign or structure of the landowner, lessee or the department.

(2) No person shall erect any sign, structure, gate, barrier or other improvement unless specifically authorized in the conservation easement.

(3) No person other than the landowner, its invitees, or lessees, or the department shall operate a motor vehicle or snowmobile on any roads or trails except those roads and trails posted for such use.

(4) No person other than the landowner, its invitees, or lessees, or the department shall occupy any structure except in conjunction with temporary camping.

(c) Specific regulations for individual conservation easement lands are set forth in the following subdivisions of this section and supersede the above general regulations in subdivisions (a) and (b) of this section in the event of a conflict.

(d)Lyons Falls Pulp and Paper.

Conservation easements have been acquired over the following three parcels of land as follows:

(1) North Lake Tract.

Those lands located in the Town of Ohio, Herkimer County by indenture to The Nature Conservancy dated May 25, 1990 and recorded in Herkimer County on May 29, 1990 in Liber 775 of Deeds, page 600, and subsequently assigned to The People of the State of New York acting through the department by assignment dated December 19, 1990 and recorded in Herkimer County on January 17, 1991 in Liber 782 of Deeds, page 668.

(2) John Brown Tract.

Those lands located in the Town of Webb, Herkimer County and the Town of Croghan, Lewis County by indenture to The Nature Conservancy dated May 25, 1990 and recorded in Herkimer County on May 29, 1990 in Liber 775 of Deeds, page 663, in Lewis County on May 25, 1990 in Liber 521 of Deeds, page 209, and in Oneida County on May 29, 1990 in Liber 2528 of Deeds, page 301, and subsequently assigned to The People of the State of New York acting through the department by assignment dated December 19, 1990 and recorded in Herkimer County on January 17, 1991 in Liber 782 of Deeds, page 668; in Lewis County on January 17, 1991 in Liber 531 of Deeds, page 137, and in Oneida County on January 17, 1991 in Liber 2566 of Deeds, page 265.

(3) Three Lakes Tract.

Those lands located in the Town of Webb, Herkimer County by indenture to The Nature Conservancy dated May 25, 1990 and recorded in Herkimer County on May 29, 1990 in Liber 775 of Deeds, page 571, and subsequently assigned to The People of the State of New York acting through the department by assignment dated December 19, 1990 and recorded in Herkimer County on January 17, 1991 in Liber 782 of Deeds, page 668.

(4) Definitions.

(i)Landowner shall mean Lyons Falls Pulp and Paper, Inc. or its successors or assigns.

(ii)Motor vehicle shall mean automobiles, trucks, vans, jeeps, busses and mobile camping units but does not include all-terrain vehicles, snowmobiles, bulldozers, skidders, timber harvesters, or other mechanized devices used for the harvest of forest products.

(5) Prohibitions.

(i) Parking is prohibited on these lands except at designated parking areas.

(ii) No person other than the department or landowner in conjunction with administrative duties shall operate an all-terrain vehicle or motorcycle on the lands described in this section at any time.

(iii) The use of aircraft or motorized watercraft for the purpose of ingress or egress on the following bodies of water is prohibited:

John Brown Tract
USGS Quadrangle (15' Series) McKeever N 43°30', W 75°00'
Town of Webb
County of Herkimer
Name	Latitude	Longitude
Gull Lake	43°40'N	75°05'W
North Lake Tract
USGS Quadrangle (15' Series) Old Forge N 43°30', W 74°45'
Town of Ohio
County of Herkimer
Name	Latitude	Longitude
Hardscrabble Lake	43°33'N	74°53'W
Three Lakes Tract
USGS Quadrangle (15' Series) Number Four N 43°45', W 75°00'
Town of Webb
County of Herkimer
Name	Latitude	Longitude
Hitchcock Pond	43°47'N	75°05'W
Grass Pond	43°47'N	75°04'W
Moose Pond	43°47'N	75°04'W
Blue Pond	43°48'N	75°06'W

(iv) No person shall enter into any area which is posted closed by the landowner for the purpose of forest management activities, except:

(a) for traversing certain department marked and maintained trails found in areas designated as buffer zones; or

(b) for walk-in camping in the buffer zones around Hardscrabble Lake on the North Lake Tract; Gull Lake on the John Brown Tract and Hitchcock Pond, Grass Pond, Moose Pond and Blue Pond on the Three Lakes Tract.

(v) The lessees on the five-acre reservation on the Three Lakes Tract and on the five-acre reservation on the J. P. Lewis Tract are subject to these regulations except that the lessees may engage in activities permitted by their lease.

(vi) Unless accompanied by a parent or guardian, no person under 21 years of age shall possess alcoholic beverages.

(vii) The occupancy of designated primitive campsites will be limited to a maximum of three tents and eight people.

(viii) Open fires for any purpose are prohibited in harvested areas for a period of three years following the completion of harvesting.

(e)Yorkshire Timber.

A conservation easement has been acquired over the following land:

(1) Those lands located in the Towns of Piercefield, Clifton and Colton, St. Lawrence County by deed from Yorkshire Timber to The People of the State of New York dated December 19, 1990 and recorded January 14, 1991 at Book 1046 of Deeds, page 666 in the St. Lawrence County Clerk's office.

(2) Definition.

Landowner shall mean Yorkshire Timber Company or its successors assigns or lessees.

(3) Prohibitions.

(i) No person other than the landowner, its invitee or its lessee shall hunt during the period of September 1st through December 31st each year until after December 31, 2004.

(ii) No person other than the landowner, its invitee, its lessee or the department shall operate a motor vehicle or snowmobile except on roads or trails specifically posted for such use; enter onto the property during the period beginning with the opening of the rifle season for deer and ending after December 31st each year until December 31, 2004; or enter into a closure zone posted by the landowner for logging purposes.

(f)Lassiter Properties.

Conservation easements have been acquired over the following lands:

(1) Aldrich East-Bald Mountain-Blue Swamp Tract.

Those lands located in the Towns of Croghan and Diana, Lewis County by indenture to The Nature Conservancy by a deed dated December 23, 1988 and recorded December 30, 1988 in Book 504, page 267 in the Lewis County Clerk's Office and by a subsequent assignment from The Nature Conservancy to The People of the State of New York dated June 12, 1989 and recorded June 15, 1989 at Book 509 of Deeds, page 310 in the Lewis County Clerk's office.

(2) Kildare North and Kildare South.

Those lands located in the Towns of Colton and Hopkinton, St. Lawrence County by indenture to The Nature Conservancy dated December 23, 1988 and recorded December 30, 1988 at Book 1025 of Deeds, page 812 in the St. Lawrence County Clerk's Office and by the subsequent assignment from The Nature Conservancy to The People of the State of New York dated June 12, 1989 and recorded June 15, 1989 at Book 1030, page 16 in the St. Lawrence County Clerk's office.

(3) Roaring Brook Tract.

Those lands located in the Town of Colton, St. Lawrence County by the Deed from Lassiter to The People of the State of New York dated December 23, 1988 and recorded December 30, 1988 at Book 1025 of Deeds, page 874 in the St. Lawrence County Clerk's office.

(4) Aldrich Tract.

Those lands located in the Town of Fine, St. Lawrence County by indenture to The Nature Conservancy dated December 23, 1988 and recorded December 30, 1988 at Book 1025 of Deeds, page 814 in the St. Lawrence County Clerk's office and by the subsequent assignment of The Nature Conservancy to The People of the State of New York dated June 12, 1989 and recorded June 15, 1989 at Book 1030 of Deeds, page 16 in the St. Lawrence County Clerk's office.

(5) Preston Lot.

Those lands located in the Town of Parishville, St. Lawrence County by the conveyance to The Nature Conservancy dated December 23, 1988 and recorded December 30, 1988 at Book 1025, page 812 in the St. Lawrence County Clerk's office and by the subsequent assignment from The Nature Conservancy to The People of the State of New York dated June 12, 1989 and recorded June 15, 1989 at Book 1030 of Deeds, page 16 in the St. Lawrence County Clerk's office.

(6) Webb-Beers and Cool Brook Tract.

Those lands located in the Town of Edwards, St. Lawrence County by indenture to The Nature Conservancy dated December 23, 1988 and recorded December 30, 1988 at Book 1025 of Deeds, page 812 in the St. Lawrence County Clerk's office and by the subsequent assignment by the Nature Conservancy to The People of the State of New York dated June 12, 1989 and recorded June 15, 1989 at Book 1030 of Deeds, page 16 in the St. Lawrence County Clerk's office.

(7) Cranberry Pond Tract.

Those lands located in the Town of Edwards, St. Lawrence County by indenture to The Nature Conservancy dated December 23, 1988 and recorded December 30, 1988 at Book 1025 of Deeds, page 812 in the St. Lawrence County Clerk's Office and by the subsequent assignment by The Nature Conservancy to The People of the State of New York dated June 12, 1989 and recorded June 15, 1989 at Book 1030 of Deeds, page 16 in the St. Lawrence County Clerk's office.

(8) Definitions.

(i)Landowner shall mean Lassiter Properties, Inc. or its successors or assigns, leasees or invitees.

(ii)Vehicle shall mean all motor vehicles, bicycles, snowmobiles, all-terrain vehicles and other similar forms of transport.

(9) Prohibitions.

(i) No person shall expand or extend any existing structures, out-buildings, facilities, or dams or construct new ones.

(ii) No person shall operate a vehicle at any location other than on roads existing as of the date of the recording of the easement or roads constructed by the department, except the landowner when involved in business activities.

(iii) No person other than the landowner, its invitee or its lessee shall hunt during the period of September 1st through December 31st each year until after December 31, 2019.

(iv) No person other than the landowner, its invitee or its lessee or the department shall enter onto a closure zone posted by the landowner for logging purposes.

(g)Otetiana Council, Inc. B.S.A.

A conservation easement has been acquired over the following land:

(1) Those lands located in the Town of Piercefield, St. Lawrence County by deed from Otetiana Council, Inc. B.S.A. to The People of the State of New York dated April 7, 1998 and recorded May 6, 1998 at Instrument ID #: 1998-00000884, in the St. Lawrence County Clerk's Office.

(2) Prohibitions.

(i) Parking is prohibited on these lands except at designated parking areas.

(ii) No person other than the landowner, its invitees or its lessees shall enter the area between June 15th and August 31st.

(iii) No person other than the landowner, its invitees or its lessees shall use a bicycle or a motor vehicle, including automobiles, all-terrain vehicles, motorcycles, snowmobiles or other motor-driven vehicles, except on roads or trails designated for their use.

(iv) No person other than the landowner, its invitees or its lessees shall enter the base camp area or the area within 50 feet of the buildings at Camp Forester.

(v) No person other than the landowner, its invitees or its lessees shall use a mechanically propelled vessel unless it utilizes an electric motor under four horsepower.

(vi) No person other than the landowner, its invitees or its lessees shall stay overnight on the area in a motor home, bus, van, recreational vehicle, camper trailer or other similar wheeled vehicle except where locations have been designated.

(vii) No person other than the landowner, its invitees or its lessees shall discharge a firearm except for the purpose of lawfully taking wildlife.

(viii) No person other than the landowner, its invitees or its lessees shall enter into any area which is posted closed by the landowner for timber harvesting purposes.

(ix) Forest management activities are not allowed except as specifically authorized in the conservation easement.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 190.12