N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 646-1.4

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

Section 646-1.4 - Special permits for recreational uses

(a) New recreational activities. No person shall operate or engage in any new recreational activity as defined in section 646-2.3(a)(1) of this Title or recreational use without first obtaining a special permit from the commission pursuant to this Subpart.

(b) Seaplanes.

(1) No person, except for a gratutitous guest, shall berth a seaplane or use any dock, wharf, mooring or ramp, or any other facility for the berthing of a seaplane without having first obtained a special permit from the commission. When issued, a special permit shall be issued to the person owning the seaplane. Special permits issued pursuant to this section are not transferrable. Discontinuation of the authorized use for a period of one year of more shall result in expiration of the special permit.

(2) A special permit pursuant to this section shall be granted upon timely application and payment of any application fees, to any person owning a dock, wharf or berthing facility, mooring or ramp which has been in continual use for the berthing of a seaplane prior to the effective date of these regulations except that such permit shall be conditioned on, and each such seaplane owner shall conform with, the provisions of paragraph (1) of this subdivision.

(3) The following provisions shall apply to the operation of seaplanes:

(i) Commercial use of a seaplane to or from the waters of Lake George is prohibited as provided in section 248 of the General Business Law of the State of New York.

(ii) Seaplanes shall be operated in such a manner so as not to cause unnecessary audible impacts to adjacent property owners.

(iii) All facilities used for seaplanes including any dock, wharf or mooring or other berthing facility shall conform with the provisions of this Subpart.

(iv) Seaplanes shall be berthed in accordance with the provisions of this Subpart.

(v) Issuance of a special permit pursuant to this section shall be subject to the requirements set forth in sections 646-1.2 and 646-1.5 of this Title.

(c) Parasails.

(1) No person shall use or operate a parasail on the waters of Lake George without first having obtained a special permit from the commission. Special permits issued pursuant to this section are not transferable. Discontinuation of the use or operation of any parasail for a period of one year or more shall result in expiration of the special permit.

(2) Whenever a parasailing operation and the facility where the parasailing operation is berthed and maintained are held in common ownership with the facilities of a Class A marina, the special permit required herein will be merged with approvals pursuant to section 646-1.2 of this Subpart and only one application to the commission shall be required.

(3) Existing parasail and parasail operations. The owner of any parasail or the owner of any parasail business in continuous operation prior to the effective date of these regulations and registered with the commission pursuant to Subpart 646-2 of this Title shall, upon timely filing of application and payment of any application fees, be granted a special permit subject to the requirements set forth in sections 646-1.2 and 646-1.5 of this Subpart.

(4) All parasail operators shall conform with the following provisions:

(i) Each parasail operator shall be limited to a maximum of two take-off and landing craft and three parasails in the air at any one time.

(ii) Spectators shall not be permitted on the take-off and landing craft.

(iii) Take-off and landing craft with parasails in flight shall maintain a minimum distance between the craft of one-half mile. If such distance separation is not provided by the respective parasail operators, then the commission may prescribe zones of operation and schedules for the use of such zones as part of any special permit. Such zones and schedules shall be designed to afford competing business equal access to more desirable operating areas.

(iv) Parasails shall be operated only between the hours of 8 a.m. to 7 p.m. or sunset whichever is earlier.

(v) Parasails shall not be in flight within 500 feet of shore.

(5) Staff.

(i) Each operator shall maintain a crew of at least two, including a pilot and an observer on the tow craft at all times during operation. The observer on the tow craft must be at least 16 years of age. The observer must maintain visual contact with the parasail at all times while the parasail is in the air.

(ii) Drivers. All drivers of tow craft must pass the New York State written pilot-engineer examination. In addition, with the exception of pilots engaged, participating or employed in parasail operation upon the waters of Lake George prior to July 1, 1990, all pilots must log a minimum of 50 hours actual driving time accompanied by a qualified and experienced pilot. A pilot is qualified and experienced if the pilot has logged at least 200 hours of actual driving time or operated a tow craft for two full seasons on Lake George.

(iii) Raft crew members. There shall be a crew of at least two, including the driver on the raft at all times. With the exception of raft crew members engaged, participating or employed in parasailing activities upon the waters of Lake George prior to July 1, 1990 all raft crew members must log a minimum of 10 hours actual working time on Lake George with a qualified and experienced crew member present on the raft. A crew member is qualified and experienced if the crew member has 100 hours of actual crew tie or has participated in a crew at least one full season on Lake George.

(iv) The owner or operator must maintain written records that the above requirements have been complied with. The records are subject to inspection by the commission upon reasonable notice.

(6) Equipment.

(i) Any parasail which contains a rip, hole, damaged line, or damaged or inoperable hardware must be immediately withdrawn form service until repaired.

(ii) All harnesses must be kept in good and working condition and be free from any damage.

(iii) All parasails, accompanying apparatus and equipment shall be inspected by the owner or operator prior to use, on a daily basis. Written records of the inspections shall be maintained by the owner or operator and made available to the commissioner for review upon reasonable notice.

(iv) The owner or operator shall maintain written records of the size, make and condition of the parasail and the date of purchase of the parasail. The records are subject to inspection by the commission upon reasonable notice.

(v) Rafts shall be equipped with radios which are capable of receiving and transmitting on marine channel 16.

(vi) A United States Coast Guard approved personal flotation device shall be provided for each person on the raft. All persons engaged in parasailing shall wear a United States Coast Guard approved Type III personal flotation device.

(7) Accidents. Accidents involving parasails shall be reported in writing by the owner or operator to the commission within 48 hours after such accident.

(d) Tour boats.

(1) No person shall construct or operate a tour boat on the waters of Lake George without first obtaining a special permit pursuant to this section. A special permit shall be granted for any tour boat which was placed into service on Lake George prior to the effective date of these regulations. Special permits shall be issued for a term not to exceed five years. Special permits are subject to the requiements set forth in sections 646-1.2 and 646-1.5 of this Subpart.

(2) The following provisions shall apply to the operation of existing tour boats and in the review of applications for tour boats:

(i) Tour boats shall not be berthed so as to interfere with navigation, access to adjacent property, significantly interrupt views or encroach on riparian rights of another.

(ii) All tour boats shall be designed to minimize wakes produced and shall not be operated in such a way as to produce a wake which will cause shoreline erosion or property damage or endanger the safety of others.

(iii) No tour boat shall by use of loud speakers, live music or other sound producing machines or equipment, except a horn, exceed a sound level of 86 db as measured at 50 feet from 8 a.m. to 7 p.m. or sunset whichever is earlier of 72 db as measured from any point upland of the mean high-water mark from 7 p.m. or sunset whichever is earlier and 8 a.m.

(iv) Tour boat operators shall take all necessary steps to prevent any litter or debris from being thrown or discharged from the vessel and shall announce the prohibition contained in ECL, section 17-1711 against littering in Lake George by loud speaker at the beginning of each tour. Each tour boat shall be equipped with an adequate number of covered receptacles.

(v) Tour boats shall be operated from properly permitted marina facilities.

(vi) Tour boats shall provide systems for the safe removal, handling and disposal of fuel, sewage, wastewater, oil and other lubricants and solid wastes.

(vii) Whenever a tour boat and the facility where it is berthed are held in common ownership with the facilities of a Class A marina, the special permit required herein will be merged with approvals pursuant to section 646-1.2 of this Subpart and only one application to the commission shall be required.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 646-1.4