N.Y. Comp. Codes R. & Regs. tit. 9 § 573.7

Current through Register Vol. 46, No. 50, December 11, 2024

Section 573.7 - Jurisdiction and review of clearcutting

(a) Definitions used in this section.

(1) Clearcutting means any cutting of trees over six inches in diameter at breast height over any 10-year cutting cycle where the average residual basal area of such trees after such cutting is less than 30 square feet per acre, measured within the area harvested. Provided, however, that where regeneration is assured by stand conditions such that after such cutting the average residual basal area of trees at least one inch in diameter at breast height is at least 30 square feet per acre, measured within the area harvested, a clearcut will not be deemed to have taken place unless the average residual basal area of trees over six inches in diameter at breast height is less than 10 square feet per acre, similarly measured.

(2) River area means the wild, scenic, and recreational rivers and the private lands in their immediate environs as set forth in Appendix Q-6 of these regulations.

(3) Wood road means any dirt or other unimproved road designed and used solely for forest management purposes or related fish and game activities, not intended for use by the general public, and simply constructed by grading, filling and/or corduroying, without extensive finish or maintenance work.

(b) Agency jurisdiction over clearcutting.

(1) An agency permit is required for:

(i) clearcutting of more than 25 acres, except within industrial use areas and non- wetland areas within hamlet areas;

(ii) effective August 1, 1983, clearcutting of more than three acres within a freshwater wetland.

Individual clearcut areas of eight acres or more will be aggregated in computing the 25-acre jurisdictional threshold prescribed in this subdivision if they are not separated from each other by an intervening uncut area at least 300 feet wide at all points.

(2) Clearcutting is not allowed in river areas except in accordance with sections 577.6(c) and 577.8 of this Title.

(c) Application requirements. In addition to the general requirements for applications in section 572.4 of this Title, no application for a permit to clearcut shall be deemed complete unless it includes a draft harvest plan containing:

(1) A map or maps of the area to be clearcut and all lands within one-quarter mile thereof, at a scale of 1:24,000 or less, showing:

(i) wetlands, unique natural and cultural features, areas with slopes in excess of 25 percent, waterbodies (including permanent streams) and public roads. The agency will supply such a map on request.

(ii) existing, and approximate location of proposed, wood roads, stream crossings and culverts;

(iii) buffers proposed;

(iv) significant areas of timber infestation or disease on the area to be clearcut, including beech bark disease, scleroderris canker, spruce budworm, and pine blister rust;

(v) any areas where the general public is allowed access or use pursuant to a formal contract or conveyance to the State or a local government, such as public hiking or snowmobile trails, public fishing access, and the like.

(2) The name and address of the individual who prepared the draft plan, and his forestry qualifications.

(3) A description of the location and nature of any harvesting on the area to be clearcut or within one-quarter mile thereof within the prior 10 years.

(4) A description of harvest methods (including use of portable chippers), preharvest and postharvest techniques and harvest objectives.

(5) In the event pesticide or herbicide use is proposed, the name of the chemical and the applicator and the manner and rate of application.

(d) Standards for the review of clearcutting.

(1) The agency will not issue a permit to allow clearcutting subject to jurisdiction as a class A regional project, unless:

(i) the clearcutting is for a recognized silvicultural purpose;

(ii) there are adequate buffers on the shorelines of lakes, ponds, rivers or streams; along major travel corriders, and, if necessary, around dwellings on adjacent lands, so as to preserve water quality and visual quality and to control noise;

(iii) habitats of rare and endangered species and other key wildlife habitats will be protected;

(iv) regeneration of timber is assured;

(v) if proposed, and if allowed by the agency, any use of pesticides and herbicides will be strictly controlled;

(vi) harvest will be controlled by qualified personnel by contract, marked stand, direct supervision, or other adequate means;

(vii) wood roads and skid trails will be located, and equipment will be operated, so as to minimize erosion on slopes and elsewhere;

(viii) the storage, mixing, or bulk handling of fuel, chemicals, or other hazardous materials will be strictly controlled;

(ix) the latest edition of the York State Forestry Best Management Practices for Water Quality: BMP Field Guide (Watershed Agricultural Council Forestry Program, New York State Department of Environmental Conservation, and Empire State Forest Products Association) will be adhered to, at a minimum; and

(x) the agency is able to make the findings required by section 809(9) or section 809(10) of the Adirondack Park Agency Act and by Part 574 of this Title.

(2) Effective August 1, 1983, section 578.10 of this Title shall in addition apply to clearcutting in freshwater wetlands.

(e) Agency jurisdiction over other timber harvesting activities. Certain timber harvesting activities other than clearcutting, and activities related thereto, also require agency permits or are otherwise regulated by the agency, as follows:

(1) Effective August 1, 1983, the construction of wood roads in freshwater wetlands, when such construction involves the placing of fill; any other filling or material disturbance of a wetland, and any other regulated activity, all as set forth in Part 578 of this Title.

(2) In wild, scenic and recreational river areas, the activities set forth in sections 577.4(b) and 577.6 of this Title.

(3) Sawmills, chipping mills, pallet mills and similar wood using facilities require agency permits except when proposed to be located in (i) non-wetland areas of hamlet areas or (ii) non-wetland areas of industrial use areas governed by an agency-approved local land use program.

(4) Forestry use structures require agency permits in critical environmental areas and in resource management areas not governed by an agency-approved local land use program.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 573.7