N.Y. Comp. Codes R. & Regs. tit. 6 § 190.8

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

Section 190.8 - General

(a) The use of State lands or any structures or improvements thereon for private revenue or commercial purposes is prohibited, except as authorized by section 190.7 of this Title and Environmental Conservation Law, sections 9-0505, 9-0507 and article 11. This subdivision does not apply to the exercise of rights of fee owners of private lands subject to conservation easements.

(b) Except in an emergency, no mechanically propelled vessel equipped with living quarters shall be anchored or moored to (1) State land above water except under permit from the department, or (2) State land under water for a period in excess of 24 hours. The permit and the 24-hour period referred to hereinabove may be terminated by the department in the event that the vessel operator fails to comply with any provision of the Navigation Law of the State of New York or any rule or regulation adopted pursuant thereto, or anchors, moors, or otherwise maintains such vessel in such a manner as to create a hazard to navigation.

(c) No boat of any kind shall be tied up or otherwise fastened to any State dock so as to prevent free access to such structure.

(d) The use of toboggans, sleds and snowmobiles on ski trails and ski slopes is prohibited.

(e) Any tent or other camping structure left unoccupied for more than 48 hours may be taken down or removed by the department.

(f) The sale of all alcoholic beverages is prohibited on all State lands at any time except by concessionaires and then only when such sales are provided for in concession agreements.

(g) No person shall deface, remove, destroy or otherwise injure in any manner whatsoever any tree, flower, shrub, fern, fungi or other plant like organisms, moss or other plant, rock, soil, fossil or mineral or object of archaeological or paleontological interest found or growing on State land, except for personal consumption or under permit from the Commissioner of Environmental Conservation and the Commissioner of Education, pursuant to section 233 of the Education Law.

(h) Gambling for money or any other valuable thing upon any State land is prohibited.

(i) No person shall erect or post any notice or sign upon State land at any time.

(j) No person shall, while on State land or waters under the jurisdiction of the department:

(1) intentionally obstruct, prevent or attempt to prevent any officers or employees of the department from performing their legal duties, by means of intimidation, physical force, interference or disobedience of any lawful order or by means of any independently unlawful act;

(2) intentionally expose the private or intimate parts of his or her body in a lewd manner;

(3) obstruct vehicular or pedestrian traffic with intent to cause public inconvenience, annoyance or alarm, or recklessly create a risk;

(4) engage in fighting or violent, tumultuous or threatening behavior; or

(5) engage in any other activity which violates the Penal Law.

(k) No person shall operate a vehicle on any State truck trail or road maintained by the Department of Environmental Conservation on State reforestation areas at a speed in excess of 25 miles per hour.

(l) No motor vehicle towing, pushing, or hauling a trailer will be permitted access to the Fourth Lake picnic area. The launching of boats other than those carried on cartops is prohibited.

(m) Use of motor vehicles on State land under the jurisdiction of the Department of Environmental Conservation outside the forest preserve is prohibited, except where specifically permitted by posted notice or by permit issued by the department. Use of motor vehicles within the forest preserve is governed by Part 196 of this Chapter.

(n) The riding, driving or leading of horses will be permitted anywhere on State lands under the jurisdiction of the Department of Environmental Conservation unless otherwise prohibited by law, regulation, posted notice or this subdivision. No person shall ride or permit a horse on:

(1) land devoted to intensively developed facilities, such as boat launch sites, day use areas, campsites, ski centers, education centers, fish hatcheries, game farms or headquarters complexes, and lands managed for public safety, such as flood control levees;

(2) foot trails, except where such trails are part of a publicly maintained road, or are specifically designated to allow travel by horses thereon; and

(3) designated snowmobile trails and cross-country ski trails that are covered with ice or snow.

(o) No person shall use any portion of State lands for agricultural purposes, including but not limited to the grazing of cattle or domestic animals of any kind thereon, unless he has obtained a permit from the department.

(p) No person shall fail to comply with the instructions contained on a sign of the Department of Environmental Conservation.

(q) Unless accompanied by a parent or guardian, no person under 21 years of age shall possess alcoholic beverages. Persons age 21 or over who possess alcoholic beverages must produce adequate identification and proof of age upon demand of any peace or police officer.

(r) No person shall operate or possess a snowmobile on forest access roads, truck trails, roads, trails or other areas on State lands outside of the forest preserve which are posted or designated by the department as closed to snowmobile use.

(s) No person shall operate or possess a bicycle on forest access roads, truck trails, roads, trails or other areas on State lands outside of the forest preserve which are posted or designated by the department as closed to bicycle use.

(t)Operation of mechanically propelled vessels.

(1) No person shall operate or possess a mechanically propelled vessel other than an electric powered vessel on State lands outside the forest preserve on the following bodies of water:

UTM Coordinates
County	State Land	Water Body	East	North	Quad
Region 3
Dutchess	West Mountain State Forest (SF)	Blackberry Pond	614671	4608789	Pawling, Dover Plains, Verbank & Poughquag
Orange	Stewart SF	Beaver Pond	567672	4591920	Maybrook
Orange	Stewart SF	Restoration Pond	567041	4592043	Maybrook
Orange	Stewart SF	Rowe's Pond	566109	4591959	Maybrook
Orange	Stewart SF	Stick Pond	567133	4594384	Maybrook
Orange	Stewart SF	Pittman-Robertson Pond	569356	4594408	Maybrook
Orange	Stewart SF	Wilkens Pond	567762	4594473	Maybrook
Putnam	White Pond Multiple Use Area (MUA)	White Pond	606593	4592021	Poughquag & Lake Carmel
Putnam	California Hill SF	Waywayanda Lake	601402	4588380	Oscawana Lake
Sullivan	Hickok Brook SF	Hickok Brook Pond	510497	4594568	Highland Lake & Eldred
Region 4
Columbia	Beebe Hill SF	Barrett Pond	625746	4688111	State Line
Region 6
Lewis	Bonaparte's Cave SF	Green Pond	470119	4890100	Lake Bonaparte & Harrisville
Lewis	Bonaparte's Cave SF	Duck Pond	470316	4889752	Harrisville
Lewis	Bonaparte's Cave SF	Mud Pond	470711	4889576	Harrisville
Oneida	Big Brook SF	Johnny Smith Pond	442498	4808902	Florence
Oneida	Albert J. Woodford SF	Chittning Pond	474260	4751058	Cassville
Region 7
Broome	Nanticoke Lake MUA	Nanticoke Lake	410712	4687400	Lisle
Cayuga	Bear Swamp SF	Bear Swamp	393547	4733740	Sempronius
Cayuga	Frozen Ocean SF	Frozen Ocean Pond West	383367	4738897	Owasco
Chenango	Genegantslet SF	Balt Pond	436172	4696053	Smithville Flats
Chenango	Long Pond SF	Round Pond	430942	4694538	Smithville Flats
Chenango	McDonough SF	Kopak's Pond	442482	4707412	East Pharsalia
Chenango	McDonough SF	Whaley Pond	442452	4708923	East Pharsalia
Chenango	Whaupaunaucau SF	Jeffrey's Pond	461480	4717604	Holmesville
Cortland	Gee Brook SF	Calico Pond	422675	4708894	Cincinnatus
Madison	Charles E. Baker SF	Woodland Pond	469210	4734506	Hubbardsville
Onondaga	Morgan Hill SF	Shackham Pond	417573	4738216	Tully
Onondaga	Morgan Hill SF	Spruce Pond	416026	4739101	Tully
Tioga	Oakley Corners SF	Oakley Corners Pond	404195	4669050	Newark Valley
Tioga	Oakley Corners SF	Oakley Corners Pond South	404158	4668437	Newark Valley
Tompkins & Cortland	Robinson Hollow SF	Tri-County Pond	396864	4695960	Dryden
Region 8
Livingston	Ossian SF	Evergreen Pond	268500	4708247	Canaseraga
Steuben	Birdseye Hollow SF	Birdseye Hollow Pond	322949	4693357	Savona
Steuben	Birdseye Hollow SF	Sanford Lake	320620	4688847	Savona
Steuben	Cameron SF	Cameron Pond	301934	4679191	Cameron
Steuben	Cameron SF	Unnamed	301240	4680940	Towlesville

(2) No person shall operate an inboard or outboard motor rated at greater than 25 horsepower on State lands outside the forest preserve on the following body of water:

UTM Coordinates
County	State Land	Water Body	East	North	Quad
Region 7
Chenango	Long Pond SF	Long Pond	430390	4696715	Smithville Flats

(u) No person shall enter or remain upon or use any forest access road, truck trail, road, trail, facility or any other area on State lands that are posted or designated by the department as closed to public use.

(v) No person shall set, light, use or maintain a fire or campfire of any kind on State lands which are posted or designated by the department to prohibit campfires. Under no circumstances are campfires allowed on any forest access road, truck trail, road, trail or parking area on State lands.

(w) No person shall erect, construct, install, maintain, store, discard or abandon any structure or any other property on State lands or subsequently use such structure or property on State lands, except if the structure or property is authorized by the department or is:

(1) a geocache that is labeled with the owner's name and address and installed in a manner that does not disturb the natural conditions of the site or injure a tree;

(2) a camping structure or equipment that is placed and used legally pursuant to this Part;

(3) a legally placed trap or appurtenance that is placed and used during trapping season;

(4) a tree stand or hunting blind that does not injure a tree, is properly marked or tagged with the owner's name and address or valid hunting or fishing license number, and is placed and used during big game season, migratory game bird season, or turkey season; or

(5) a wildlife viewing blind or stand that is placed for a duration not to exceed 30 days in one location per calendar year, does not injure a tree, and is properly marked or tagged with the owner's name and address or valid hunting or fishing license number.

(x) On State lands, no person shall erect, construct, occupy or maintain any structure that is affixed to a tree by nails, screws or other means that injure or damage the tree except as otherwise authorized by the department.

(y) No person shall erect, construct, maintain, occupy or use any tree stand that is used, operated, accessed or reached by methods or means which injure or damage a tree on State lands, and no person shall gain access to any structure in a tree on State lands by means that injure or damage the tree.

(z) No person shall drive a trailer or motor vehicle, including the wheels thereof, into a body of water to launch or retrieve a vessel on State lands which the department has posted or designated as closed to trailer launching of boats.

(aa) The commissioner may prohibit campfires or the use of liquid or gaseous fuel camping stoves or lamps on State lands during periods of high fire danger.

(ab) No person shall possess breakable targets, including but not limited to clay pigeons, on State lands and no person shall target shoot at breakable targets, including but not limited to clay pigeons and glass containers, on State lands. Unless legally engaged in the act of hunting, no person shall discharge firearms on State lands posted or designated as closed to target shooting.

(ac) On State lands, no person shall sponsor, conduct or participate in any organized event of more than 20 people unless otherwise authorized by the department. Examples of organized events include, but are not limited to: sponsored hikes; archery and fishing tournaments; snowmobile, bicycle, horse and orienteering races, runs, rides or competitions (including biathlons and triathlons); encampments; and re-enactments.

(ad) No person shall sponsor, conduct or participate in any research project on State lands except under permit from the department. Examples of research include, but are not limited to, population studies, collection of scientific samples, placement of scientific instruments, seismic exploration and archaeological studies. This subdivision shall not apply to bird population data collection such as, but not limited, to Audubon Christmas Bird Count, the USGS Breeding Bird Survey and Cornell Lab of Ornithology's e-Bird database; nor shall it apply to any other research exempted by the department in writing on a case by case basis.

(ae) On State lands, no person shall sponsor, conduct or participate in: advertising, weddings, commercial film making activities or film making activities that exclude other public use of the area, and other similar events, except under permit from the department.

(af) No person shall possess paint balls or paint ball guns on State lands, and no person shall sponsor, conduct or participate in any activities associated with the discharging of paint balls on State lands.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 190.8