N.Y. Comp. Codes R. & Regs. tit. 9 § 577.6

Current through Register Vol. 46, No. 25, June 18, 2024

Section 577.6 - Restrictions and standards in river areas

(a) General rule. All land uses and developments in river areas, whether or not an agency permit is required, shall be subject to the restrictions and standards set forth in this section.

(b) Structures.

(1) In wild river areas, no new structures shall be permitted, except footbridges for nonmotorized open space recreation use.

(2) In scenic river areas, new structures, except for fences, poles, signs of less than two square feet in area, lean-tos, docks, bridges and stream improvement structures for fishery management purposes, shall not be permitted inside the mean high water mark of the river or within 250 feet of the mean high water mark, except in hamlet and moderate intensity use areas.

(3) In recreational river areas, new structures, except for fences, poles, signs of less than two square feet in area, lean-tos, docks, boathouses, bridges and stream improvement structures for fishery management purposes, shall not be permitted inside the mean high water mark of the river or within 150 feet of the mean high water mark, except in hamlet and moderate intensity use areas.

(4) Within hamlet and moderate intensity use areas in scenic and recreational river areas, the building setback restrictions of section 806 of the Adirondack Park Agency Act and section 575.1 of this Title shall apply.

(c) Forest management and vegetative cutting. In wild river areas and in scenic and recreational river areas outside hamlet and moderate intensity use areas, the following standards apply:

(1) Inside the mean high water mark of the river, or within 100 feet of the mean high water mark, no trees or other vegetation shall be harvested, cut, culled, removed, thinned or otherwise disturbed, other than:

(i) the cutting and removal of up to a maximum of five percent of the total basal area of timber or other vegetation per acre during any 10-year period for the purpose of clearing the river or a tributary thereof of fallen trees, or trees which pose a threat of bank undercutting or erosion, or for the undertaking of land use and development or subdivision listed in section 577.4(b) of this Part;

(ii) vegetative cutting upon lands directly associated with any structure lawfully in existence on April 19, 1976, to the extent necessary that any existing view of the river from such structure may be preserved;

(iii) the cutting of firewood by the resident of a dwelling within the river area for personal use in such dwelling, provided that alternative sites for the cutting of such firewood are not readily available to such resident; or

(iv) in accordance with the terms of an agency rivers project permit.

(2) Between 100 feet from the mean high water mark of the river and the exterior boundary of the river area:

(i) The cutting and removal of trees and other vegetation shall be permitted for the undertaking of rivers projects, land use and development or subdivision listed in section 577.4(b) of this Part, or activities pursuant to a rivers system land management plan.

(ii) Forest management shall conform to recognized silvicultural systems as defined in The Dictionary of Forestry (Society of American Foresters. 1998) appropriate to the site, and shall be in accordance with the terms of the latest edition of the New 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').

(iii) If an even-aged stand of commercial timber species is present, one recognized regeneration cutting that removes the main crown canopy of such stand shall be permitted upon not more than one third of the total area of the stand within the river area during any 10-year period if undertaken as part of a plan to regenerate the stand.

(iv) In no event, however, shall more than 15 contiguous acres in the same ownership be clearcut, nor shall more than 50 percent of the basal area of timber in any tract of 30 contiguous acres in the same ownership be cut during any 10-year period.

(3) No trees shall be felled into or across the river where avoidable, and logging debris which may enter the river shall be removed. Any logging debris which may enter the area inside the mean high water mark of the river or within 100 feet of such mean high water mark shall be removed, or shall be lopped, for hardwoods, in such fashion that no such debris measures higher than four feet from ground level, and for conifers, in accordance with section 9-1113 of the Environmental Conservation Law.

(4) No new landings shall be established inside the mean high water mark of the river or within 200 feet of the mean high water mark. Adequate provisions shall be made after timber harvesting to stabilize soil on all landings, skid trails and wood roads in the river area.

(5) No new sand and gravel extractions associated with forest management shall be located inside the mean high water mark of the river or within 200 feet of the mean high water mark. Such extractions shall be invisible from the river.

(6) All timber harvesting operations shall be subject to article 15 (Water Resources) of the Environmental Conservation Law, governing, among other things, disturbances, modification and crossing of rivers and streams. In addition, skidding of logs or trees across rivers shall not be permitted, except where no feasible alternative exists and a permit therefor has been obtained pursuant to such article.

(7) Logging equipment shall not be stored within 100 feet of the river, or abandoned within the river area.

(8) Wood roads shall be located so as to be invisible from wild rivers and to minimize their visibility from scenic and recreational rivers.

(d) Bridges over wild, scenic and recreational rivers.

(1) No new bridges over wild rivers shall be permitted, except footbridges for nonmotorized open space recreation use constructed pursuant to a permit from the agency or the Department of Environmental Conservation.

(2) New bridges over scenic and recreational rivers shall be allowed subject to agency and Department of Environmental Conservation permit requirements.

(3) Bridges over wild, scenic or recreational rivers shall be constructed, to the extent feasible, of naturally occurring materials such as wood and stone, and shall not interfere with the recreational use of the river.

(e) Stream improvement structures for fishery management purposes. Stream improvement structures for fishery management purposes in wild rivers are not permitted. In scenic and recreational rivers, such structures shall be constructed principally of naturally occurring materials such as wood and stone, and shall be so designed and constructed as to avoid material alteration of the natural character of the waterway.

(f) River area utility uses.

(1) In scenic and recreational river areas, river area utility uses subject to review pursuant to article seven or article eight of the Public Service Law shall be limited to locations where support structures, lines, cables, pipes and other associated equipment and accessories will be substantially invisible from the river and, except for crossings, not inside the mean high water mark, and where visual impact on other parts of the river area can be minimized. River crossings, if any, shall be minimized, and in the case of a scenic river shall not be more frequent than once every two miles.

(2) Other river area utility uses shall be located and constructed as to minimize visibility from the river and the river area of support structures, lines, cables, pipes and other associated equipment and accessories.

(g) Water quality and natural flow.

(1) No new direct discharge of any substance into a wild river shall be permitted.

(2) No new direct discharge of any substance into a scenic or recreational river shall be permitted, unless consistent at a minimum with applicable water quality standards promulgated by the Department of Environmental Conservation.

(3) The existing water quality in each wild, scenic or recreational river shall be maintained or improved.

(4) The natural water flow of each wild, scenic or recreational river shall be maintained and there shall be no diversions. Limited water withdrawals from scenic or recreational rivers for agricultural, domestic or other lawful purposes which do not materially affect the natural flow of the river shall be permitted.

(h) Use of motor vehicles in wild river areas. The use of motor vehicles, including snowmobiles, shall only be permitted within wild river areas as necessary for forest management undertaken in accordance with the restrictions and standards set forth in subdivision (c) of this section.

(i) Operation of mechanically propelled vessels and aircraft on wild and scenic rivers.

(1) Operation of mechanically propelled vessels and aircraft is prohibited on wild rivers, and on scenic rivers except for the following:

(i) Marion River;

(ii) Raquette River between Raquette Falls and Trombley Landing;

(iii) the Elm Lake section of the Kunjamuk River;

(iv) Bog River from the confluence with Round Lake outlet to Tupper Lake; and

(v) all ponds and lakes which are a part of a river, which are accessible by road and which have a surface area exceeding 50 acres.

(2) Operation of mechanically propelled vessels not exceeding 7 1/2horsepower shall be permitted on the East Branch of the St. Regis River from the rapids approximately six miles downstream of the Route 30 crossing to one-half mile upstream of Everton Falls.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 577.6