N.Y. Comp. Codes R. & Regs. tit. 6 § 190.13

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

Section 190.13 - Wilderness areas in the adirondack park

(a) Applicability. Unless otherwise specified, sections 190.0 through 190.6 and sections 190.8 through 190.9 of this Part apply to all units of State land in the Adirondack Park which are classified as wilderness by the Adirondack Park State Land Master Plan. In addition, specific regulations for individual wilderness areas in the Adirondack Forest Preserve are set forth in this section. In case of a conflict between a provision of this section and a provision of sections 190.0 through 190.6 and sections 190.8 through 190.9 of this Part, or a provision of Part 196 of this Title, the provision of this section shall apply.

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

(1) Adirondack Canoe Route Zone means the strip of land within the High Peaks Wilderness Area which is situated within 500 feet of the mean high water mark of the eastern shore of Long Lake and the Raquette River.

(2) Bear-resistant canister means a commercially made container constructed of solid, non-pliable material manufactured for the specific purpose of resisting entry by bears.

(3) Campfire means an outdoor fire for warmth, cooking, repelling insects, or aesthetics, but shall exclude stoves using fuels other than wood.

(4) Eastern High Peaks Zone means that portion of the High Peaks Wilderness Area located to the east of the ridge line immediately west of the Indian Pass Trail.

(5) High Peaks Wilderness Area means those lands in the Towns of Keene, North Hudson, Newcomb and North Elba, Essex County; Harrietstown, Franklin County; and Long Lake, Hamilton County described in the most current copy of the "Adirondack Park Land Use and Development Plan Map and State Land Map" on file in the offices of the Adirondack Park Agency. The High Peaks Wilderness Area shall include the Adirondack Canoe Route Zone, the Western High Peaks Zone, and the Eastern High Peaks Zone.

(6) Overnight camper means a person who stays or intends to stay in the Eastern High Peaks Zone during the night.

(7) Primitive tent site means a tent site of an undeveloped character providing space for not more than three tents, which may have an associated pit privy and fire ring, designed to accommodate a maximum of eight people on a temporary or transient basis, and located so as to accommodate the need for shelter in a manner least intrusive on the surrounding environment. A primitive tent site shall be designated by an official department sign or disk.

(8) South Meadows-Flowed Lands Corridor shall mean that portion of the High Peaks Wilderness Area which is generally located between the McIntyre Range on the west and Mt. Marcy on the east and between South Meadows on the north and the State land boundary on the south, and which is more specifically described as follows: beginning at a point on Heart Lake Road (County Road 34) which is one half mile north of the intersection of Heart Lake Road and South Meadows Road; then running easterly in a line that is one half mile north of and parallel to South Meadows Road until it reaches the end of such road; then running southeasterly in a line that is one half mile northeast of and parallel to the Klondike Trail until it reaches a point which is one half mile northeast of U.S.G.S. benchmark 2567 on the Klondike Trail; then running southwesterly in a straight line to such benchmark; then continuing in a southwesterly direction to the ridge line which leads to the summit of Phelps Mountain; then running southerly up such ridge line to a peak northeast of the summit of Phelps Mountain; then running the ridge line from such peak to the summit of Phelps Mountain; then running generally southerly along the ridge line leading from the summit of Phelps Mountain over the summits of Table Top Mountain, Little Marcy, Mt. Marcy, Mt. Skylight, Mt. Redfield, and Cliff Mountain; then running southerly following a straight line from the summit of Cliff Mountain to the point where Upper Twin Brook intersects with the boundary of State land; then running generally northwesterly along the State land boundary to the height of land of the McIntyre Mountain Range; then running northeasterly along the ridge line to the summit of Mount Marshall; then running northeasterly along the ridge line from the summit of Mount Marshall over the summits of Iroquois Peak, Boundary Peak, Algonquin Peak, and Wright Peak; then running northerly in a straight line from the summit of Wright Peak to the southwestern corner of the Adirondack Loj property; then running easterly along the boundary between the Adirondack Loj property and the State land to the southeastern corner of the Adirondack Loj property; then running northerly along such boundary to a point which is due west of the intersection of Heart Lake Road and South Meadows Road; then continuing northerly along such boundary for one half-mile; then running easterly to the point of beginning.

(9) Tent means a temporary, collapsible shelter which is used for camping outdoors and is made primarily of fabric but which may have walls constructed from other materials.

(10) Tent platform means a platform, with or without walls and other attachments, erected as a base for tenting or similar camping activity.

(11) Trail means a marked and maintained path or way for foot, horses, or cross country ski travel.

(12) Western High Peaks Zone means that portion of the High Peaks Wilderness Area located to the west of the ridge of land immediately west of the Indian Pass Trail, excluding the Adirondack Canoe Route Zone.

(c) Group size restrictions.

(1) In the Eastern High Peaks Zone or Western High Peaks Zone, no person shall:

(i) be part of a day use group containing 16 or more people;

(ii) on or after July 1, 2001, camp as part of a group including nine or more people; or

(iii) be a member of an affiliated day use or camping group which exceeds the numerical limitations established in subparagraph (i) or (ii) of this paragraph, unless such group has separated into smaller groups which do not exceed such limitations and such smaller groups maintain a separation distance from each other of at least one mile at all times.

(d) Camping restrictions. In the High Peaks Wilderness Area, no person shall:

(1) erect or use any tent platform or camp structure other than tents, tarps, lean-tos, or those composed of snow;

(2) camp at any location above 4,000 feet in elevation;

(3) camp at locations which are greater than 3,500 feet in elevation but equal to or less than 4,000 feet in elevation except at a primitive tent site; or

(4) erect a tent in a primitive tent site at a distance greater than 15 feet from the official department sign or disk.

(e) Campfire restrictions.

(1) No person shall ignite or maintain a campfire for any purpose at any location in the Eastern High Peaks Zone.

(2) No person shall ignite or maintain a campfire for any purpose at any location which is situated above 4,000 feet in elevation in the Western High Peaks Zone.

(3) At elevations of 4,000 feet or less in the Western High Peaks Zone and in the Adirondack Canoe Route Zone, no person shall ignite or maintain a campfire for any purpose at any location within 150 feet from any road, trail, spring, stream, pond or other body of water except that a campfire may be ignited or maintained at a primitive tent site or lean-to site.

(f) Miscellaneous restrictions.

(1) No person shall fail to register whenever passing a trail register established by the department in the Eastern High Peaks Zone.

(2) In addition to the requirements of paragraph (1) of this subdivision, no overnight camper in the Eastern High Peaks Zone shall fail to possess a self- issuing permit:

(i) acquire a self-issuing permit whenever passing a department registration facility; and

(ii) possess such permit during the duration of their stay in the Eastern High Peaks Zone.

(3) In the High Peaks Wilderness Area, no person shall:

(i) use any audio device which is audible outside the immediate area of a campsite;

(ii) use soap or detergent in any pond, stream or other water body;

(iii) dispose of any food scrap, food matter or food container in any pond, stream or other water body;

(iv) use any motorized equipment;

(v) operate any motorized craft on any water body designated as a wild river pursuant to the Wild, Scenic and Recreational Rivers Act, Environmental Conservation Law article 15, title 27;

(vi) fail to comply with a lawful instruction or order of a uniformed employee of the department;

(vii) fail to possess and use skis or snowshoes when the terrain is snow-covered with eight or more inches of snow;

(viii) fail to observe quiet hours between 10:00 p.m. and 7:00 a.m.;

(ix) mark trails with plastic ribbons, paint, blazes or other devices, cut or clear trails, or mark summits with canisters except by written permission of the department;

(x) leave a pet unattended or fail to maintain complete control over the pet;

(xi) fail to have in their immediate possession proof of a valid and current rabies inoculation for any dog which is accompanying them;

(xii) erect or maintain any commemorative features, such as signs, plaques or markers depicting cultural sites;

(xiii) undertake any research project except under permit of the department;

(xiv) fail to take reasonable steps to keep food, food containers, garbage, and toiletries from bears, and, during the period April 1st through November 30th, no overnight camper in the Eastern High Peaks Zone shall fail to use bear-resistant canisters for the storage of all food, food containers, garbage, and toiletries; or

(xv) possess a glass container, except that glass containers which are necessary for the storage of prescribed medicines shall be exempt from this prohibition.

(4) In the Eastern High Peaks Zone, no person shall fail to leash pets on trails, at primitive tent sites, at lean-to sites, at elevations above 4,000 feet, or at other areas where the public congregates, provided that this provision shall not be applicable to hunting dogs which, with a licensed hunter, are actively hunting during appropriate hunting seasons at locations other than primitive tent sites, lean-to sites, at elevations above 4,000 feet, or at other areas where the public congregates.

(5) In the South Meadows-Flowed Lands Corridor, no person shall camp except at a primitive tent site, provided that this section shall not be effective until such time as the department completes its designation of such campsites within such corridor, and provided further that until such time as the department completes such designation no person shall fail to comply with the camping instructions contained on any sign posted by the department.

(g) Each provision of this section shall be severable, and in the event that any provision of this section or its application to any person or circumstance is determined to be contrary to law by a court of competent jurisdiction, such determination shall not affect or impair the validity of the remaining provisions of this section, which shall continue in full force and effect and be applicable to other persons and circumstances.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 190.13