N.Y. Envtl. Conserv. Law § 9-0101

Current through 2024 NY Law Chapter 457

Section 9-0101 - Definitions

The following words and phrases, when used in this article, unless otherwise expressly stated, are defined as follows:

1. The "Adirondack park" shall include all lands located in the forest preserve counties of the Adirondacks within the following described boundaries, to wit: Beginning at the most southerly corner of lot 166 of the John Glen and 44 Others Patent in the line between such patent and the twenty-first allotment of the Kayaderosseras Patent; thence northeasterly along the said line and along the southerly bounds of John Glen and 44 Others Patent and of the Sanders Patent to the southeasterly corner of the Sanders Patent; thence continuing northeasterly along the division line between the twenty-second and twenty-fourth allotments of the Kayaderosseras Patent to the southeasterly corner of the twenty-fourth allotment of the Kayaderosseras Patent; thence northerly along the division line between the twenty-fourth and the twenty-fifth allotments of that patent to the northeasterly corner of the twenty-fourth allotment; thence easterly along the north line of the twenty-fifth allotment and the southerly lines of John Glen and 44 Others Patent, the Luzerne Tract and the Glen Patent to the southeasterly corner of the Glen Patent; thence northerly along the easterly lines of the Glen Patent and the Luzerne Tract to the northwesterly corner of the Queensbury Patent; thence easterly along the northerly bounds of the Queensbury Patent to the northeasterly corner thereof; thence southerly along the easterly bounds of the Queensbury Patent to the northwesterly corner of the Kingsbury Patent; thence easterly along the northerly bounds of the Kingsbury Patent to the southwesterly corner of the Artillery Patent; thence northerly along the westerly line of the Artillery Patent to the northwesterly corner of the Artillery Patent; thence easterly along the northerly bounds of the Artillery Patent to the southwesterly corner of the town of Whitehall; thence northerly along the westerly line of the town of Whitehall to the southern boundary of the town of Dresden; thence in a general northerly and easterly direction along the town line to the state boundary at the outlet of South Bay; thence in a northerly direction along the state boundary to the northeastern corner of the town of Peru in Clinton county; thence in a westerly direction to the low water line of Valcour Island; thence in a general northerly and westerly direction along the northern shore of Valcour Island to the northern boundary of the town of Peru; thence in a westerly direction along the northern boundary of the town of Peru to the eastern edge of the Delaware and Hudson railroad right-of-way; thence southerly along said eastern edge of the railroad right-of-way to the intersection of said right-of-way with the eastern edge of the right-of-way of U. S. Highway No. 9; thence in a general southerly direction along the eastern edge of said highway right-of-way to the southern boundary of the town of Peru; thence westerly along the southern boundary of the town of Peru to the western boundary of Platt's Great Location; thence northerly to the northeastern corner of lot 4 of Tharp's Tract; thence westerly along the northern line of lots 4, 7, 14, 17 and 24; thence northerly along the westerly line of Tharp's Tract to the northern boundary of the town of Peru; thence westerly along the town of Peru boundary to the southwestern corner of lot 30 of Livingston's Patent in the town of Saranac; thence in a northerly direction along the western line of lots 30, 29, 28, 27 and 26 to the northern line of Livingston's Patent; thence easterly to the southwestern corner of lot 12 of Canada and Nova Scotia Refugee Tract in the town of Saranac; thence northerly along the western line of lot 12 to the southwestern corner of lot 11; thence easterly along the northern line of lot 12 to the eastern boundary of the town of Saranac; thence northerly along the eastern boundary of the town of Saranac to the southern boundary of the town of Dannemora; thence easterly along the southern boundary of the town of Dannemora to the southeastern corner of said town; thence northerly along the eastern boundary of the town of Dannemora to the northeastern corner of said town; thence northerly along the eastern line of lots 22 to 15 inclusive of Duer's Patent in the town of Altona to the northeastern corner of lot 15; thence westerly along the northern line of lots 15 and 14 of Duer's Patent to the southwestern corner of lot 160 of the Canada and Nova Scotia Refugee Tract in the town of Altona; thence northerly along the western line of lots 160 and 161 to the northwest corner of lot 161; thence in a westerly direction along the northern line of lots 163 and 186 to the northwestern corner of lot 186; thence southerly along the western line of lot 186 to the northeastern corner of lot 188; thence westerly along the northern boundary of lot 188 to the eastern line of the B. Wallace Patent; thence southerly and westerly along the B. Wallace Patent boundary to the eastern boundary of the town of Ellenburg; thence northerly along the town of Ellenburg line to the northeastern corner of lot 1 of the Hannah Murray Allotment; thence westerly along the northern boundary of lots 1 to 30 inclusive to the northeastern corner of lot 1, Township 8, Old Military Tract on the county line between Clinton and Franklin counties; thence along the northern line of Township 8 to the western boundary of the town of Bellmont; thence southerly along the town of Bellmont boundary to the southwestern corner of lot 80, Township 8 of the Old Military Tract; thence easterly along the southern line of lots 80 and 79 to the southeastern corner of lot 79; thence southerly along the westerly line of lots 88 and 98 to the line between townships 8 and 9 of the Old Military Tract; thence westerly to the southwesterly corner of township 8, said tract; thence northerly along the line between the towns of Bellmont and Duane to the northeasterly corner of the town of Duane; thence westerly along the southerly bounds of the towns of Malone, Brandon and Dickinson and the northerly bounds of Duane, Santa Clara and Waverly to the easterly bounds of great tract 2, Macomb's Purchase, and the line between Franklin and St. Lawrence counties; thence northerly along said county line to the northeasterly corner of township number 15 Macomb's Purchase, great tract 2; thence westerly along the northerly line of said township to the easterly line of township number 14 in said great tract; thence southerly along the line between townships 14 and 15 to the northeasterly corner of lot number 2 in said township number 14; thence westerly along the northerly bounds of lots 2, one, 32, 31, 14 and 13 of township 14 and of lots 47 and 39 of township 13, said great tract, to the northwesterly corner of lot number 39; thence southerly along the westerly bounds of lots 39, 38, and 37 in township 13 to the northerly line of township number 11 in great tract number 2; thence westerly along the northerly line of township 11 to the northwesterly corner thereof and the northeasterly corner of the town of Colton; thence southerly along the westerly line of township 11 and the line between the towns of Colton and Parishville to the southwesterly corner of lot number 31 in township number 11; thence westerly along the northerly lines of lots 42, 41, 40, 39, 38 and 37 of township 10, great tract 2, to the westerly line of township 10; thence southerly along the westerly line of township 10 to the northeasterly corner of township 6, Macomb's Purchase, great tract number 3, and the northeasterly corner of the town of Clare; thence westerly along the northerly line of township number 6 and of the town of Clare to the northwesterly corners thereof; thence southerly along the westerly lines of township number 6 and of township number 10 in the great tract and along the line between the towns of Clare and Russell to the northeasterly corner of the town of Fine; thence westerly along the northerly bounds of the town of Fine to the northwesterly corner thereof; thence southerly along the line between the town of Fine and the towns of Edwards and Pitcairn to the northeasterly corner of lot number 90 in township 11, Macomb's Purchase, great tract number 3; thence westerly along the northerly line of lots 90, 89, 88, 87, 86, 85, 84, 83, and 24 of township 11 to the northwesterly corner of lot number 24; thence southerly along the westerly lines of lots 24, 99, 102, 119 and 123 to the southwesterly corner of lot number 123 in the northerly line of lot number 140 in township 11; thence westerly along the northerly line of lot number 140 to the line between the counties of St. Lawrence and Lewis; thence southeasterly along the county line to the most northerly corner of lot number one, Macomb's Purchase, great tract 4 in the town of Diana; thence southwesterly along the northwesterly line of lots one, 2 and 3 in the great tract and town to the most westerly corner of lot number 3; thence southeasterly along the southerly lines of lots 3, 9 and 14 to the most northerly corner of lot number 16; thence southwesterly along the northwesterly line of lot number 16 to the northerly bounds of great tract 5, Macomb's Purchase, and the line between the towns of Diana and Croghan; thence easterly along said line to the northwesterly corner of lot number 24, range 11, Macomb's Purchase, great tract 5, Chassanis Tract; thence southerly along the line between ranges 10 and 11 of said great tract to the most southerly corner of lot number 13 in range 11 of said tract, and the northerly line of Watson's West Triangle in the line between the towns of Croghan and Watson; thence southwesterly along the said town line and along the northwesterly bounds of Watson's West Triangle and the northerly line of lots 292 and 302 of Watson's West Triangle to the westerly line of lot number 302, Watson's West Triangle; thence southerly along the westerly lines of lots 302, 301, 300, 299, 298, 297, 296, 295, 294 and 293 to the line between the towns of Watson and Greig and the northerly line of the Brantingham Tract; thence westerly along the northerly bounds to the northwesterly corner of lot number 7 in said tract; thence southerly along the westerly lines of lots 7, 25, 43, 61, 79, 97, 115, 133, 151, 169, and 187; thence westerly along the northern line of lots 204 and 203 to the midpoint of the northern line of lot 203; thence southerly to the midpoint of the southern line of lot 203; thence easterly along the southern line of lots 203 and 204 to the southeastern corner of lot 204; thence southerly along the westerly line of lots 223, 241, 259, 276, 293, 309, 325 and 340 to the southwesterly corner of lot number 340 in the Brantingham Tract; thence easterly along the southerly lines of lots 340, 341, 342, 343, 344, 345 and 346 to the southeasterly corner of lot 346 and the westerly line of lot number 347; thence southerly along the westerly line of lot 347 to the line between the counties of Oneida and Lewis and in the north line of the Seymour Tract in Adgates Eastern Tract; thence southwesterly along the northwesterly line of the Adgates Eastern Tract to the westerly line of said tract; thence southerly along the westerly line and along the line between the towns of Boonville and Forestport to the southwesterly corner of said Adgates Eastern Tract; thence easterly along the line between Adgates Eastern Tract and the Woodhull Tract to the line between the counties of Oneida and Herkimer; thence southerly along the said county line to the northeastern corner of lot 8 of the Woodhull Tract; thence westerly along the northern line of lot 8; thence southerly along the western line of lot 8, thence easterly along the southern line of lot 8 to the county line; thence southerly along the county line; thence southerly to the northern line of the Remsenburg Patent; thence southwesterly along the northern line of lot 8; thence southerly along the western line of lot 8 to the midpoint of said line; thence northeasterly along the southern boundary of state land in lot 8 to the county line; thence southerly along the county line to the northern line of lot 84 of the Remsenburg Patent; thence southwesterly along the northern line of lot 84, thence southerly along the western line of lot 84 to the northern boundary of the Walker Tract; thence northeasterly along this boundary to the county line; thence southerly along the said county line to its intersection with the southerly line of the Jerseyfield Patent; thence southeasterly along the southerly line of the Jerseyfield Patent to the northwestern corner of lot 142 of the Fourth Allotment of the royal grant in the town of Salisbury; thence southerly, easterly and northerly along the boundaries of the forest preserve land in lot 142 to the southerly line of the Jerseyfield Patent; thence southeasterly along the southerly line of the Jerseyfield Patent to the line between the counties of Herkimer and Fulton; thence southerly along the county line to the southwesterly corner of Lott and Low's Patent; thence southeasterly along the southerly line of said Lott and Low's Patent to the southeasterly corner thereof; thence northerly along the line between said Lott and Low's Patent and the Kingsborough Patent to the division line between the towns of Johnstown and Caroga; thence northeasterly along the line between the towns of Caroga and Johnstown to the southeasterly corner of the town of Caroga; thence northerly along said town line to the southerly line of the Mayfield Patent; thence easterly along the southerly line of the Mayfield Patent to the southeasterly corner thereof and the westerly line of the Sacandaga Patent; thence southeasterly along the southwesterly lines of lots 41 and 28 in said patent to the most southerly corner of lot 28 and the westerly line of John Glen and 44 Others Patent; thence northerly, southeasterly and northeasterly along the line between the Sacandaga and the said John Glen and 44 Others Patent to the northwesterly corner of lot 161 of John Glen and 44 Others Patent; thence southeasterly along the southwesterly line of lots 161 and 166 of said patent to the place of beginning.

2. The "Catskill park" shall include all lands located in the counties of Greene, Delaware, Ulster and Sullivan within the following described boundaries, to wit: Beginning in Ulster county at the intersection of the easterly line of the Hardenburgh Patent with the southerly bounds of the Rondout Reservoir; thence running southwesterly along the easterly line of Great Lot 4 of the Hardenburgh Patent to the southeasterly corner of lot one of the East Allotment, east division of Great Lot 4; thence northwesterly along the southerly bounds of lots one, 7, 8, 14, 17, 22, 26, 33, 37 and 46 of said East Allotment, east division of Great Lot 4 and along the southerly bounds of lots 67, 49, 48, 47, 46, 45, 44, 43, 42 and 41 of the Middle Allotment, east division of Great Lot 4 to the center of the Neversink creek; thence northerly along the center of the Neversink creek to the southeasterly corner of lot 37 of the West Allotment, east division of Great Lot 4; thence northwesterly along the southerly bounds of lots 37, 27, 22, 11 and 6 of said West Allotment, east division of Great Lot 4 to a point in the easterly line of the town of Rockland in Sullivan county; thence southerly along the easterly line of the town of Rockland in Sullivan county to the northeasterly corner of the town of Liberty; thence northwesterly along the northerly line of the town of Liberty in Sullivan county to the southwesterly corner of lot 120 of the East Allotment, middle division of Great Lot 4; thence northwesterly along the southerly bounds of lots 119 and 118 of the East Allotment, middle division of Great Lot 4 to a point in the center of the Willowemoc creek; thence westerly down the center of the Willowemoc creek to its confluence with the Beaver Kill; thence northwesterly down the center of said Beaver Kill to the southwesterly line of the town of Colchester in Delaware county; thence northwesterly along said southwesterly line of the town of Colchester in Delaware county to the westerly bank of the east branch of the Delaware river; thence along the westerly bank of the said east branch of the Delaware river and the westerly bounds of the Pepacton reservoir to its intersection with the mouth of the Bush Kill at or near the village of Arkville; thence up along the center of said Bush Kill to the New York Central Railroad; thence along the said New York Central Railroad easterly to the line between the counties of Delaware and Ulster; thence northeasterly along that line to the southerly line of Greene county; thence northwesterly along the southerly line of Greene county to the southwesterly corner of Great Lot No. 21, Hardenburgh Patent; thence northeasterly along the westerly line of said Great Lot No. 21, Hardenburgh Patent to the south bank of the Batavia Kill; thence along the southerly bank of the Batavia Kill easterly to the west line of the State Land Tract; thence northerly, easterly and southerly along the line of the said State Land Tract to the line of the Hardenburgh Patent; thence easterly and southerly along the general easterly line of the Hardenburgh Patent to the southwest corner of the town of Saugerties in Ulster county; thence easterly along the southerly line of the town of Saugerties to the westerly bounds of the New York State Thruway; thence southerly along the westerly bounds of the said New York State Thruway to the northerly bounds of the Esopus creek; thence in a general westerly direction up and along the northerly bounds of said Esopus creek to its intersection with the southwesterly line of the town of Ulster; thence northwesterly to the southwest corner of the Hurley Patentee Woods Allotment; thence in a general southwesterly direction along the southeasterly line of the Hurley Patentee Woods Allotment to the northerly line of the town of Marbletown; thence northwesterly along said northerly line of the town of Marbletown to the town of Olive; thence southwesterly along the line between the towns of Olive and Marbletown to the line of the town of Rochester; thence northwesterly along the line between the towns of Olive and Rochester to the point where the Mettacahonts creek crosses the same flowing easterly; thence southwesterly parallel with the northwesterly line of the town of Rochester to the southerly bounds of the Rondout creek; thence westerly along the southerly bounds of the Rondout creek and the southerly bounds of the Rondout Reservoir to the easterly line of the Hardenburgh Patent, the point or place of beginning.

3. A "fire patrolman" shall be an able-bodied person whose duty is to patrol a given portion of railroad right of way for the purpose of detecting promptly any fires which may be caused by the operation of the railroad, or other fires which may occur upon such portion of the railroad right of way, and secure their extinguishment.

4. A "forest fire" is a fire which is burning forest or wood lands, or which, if permitted to extend, would burn forest or upon forest lands.

5. "Forest land" includes not only lands which may be covered with tree growth but also lands which are best adapted to forests.

6. The "forest preserve" shall include the lands owned or hereafter acquired by the state within the county of Clinton, except the towns of Altona and Dannemora, and the counties of Delaware, Essex, Franklin, Fulton, Hamilton, Herkimer, Lewis, Oneida, Saratoga, Saint Lawrence, Warren, Washington, Greene, Ulster and Sullivan, except:

a. Lands within the limits of any village or city;

b. Lands not wild lands and not situated within either the Adirondack park or the Catskill park acquired by the state on foreclosure of mortgages made to loan commissioners; and c. Lands acquired under the provisions of sections 9-0107 and 9-0501.

7. "Person" means any individual, firm, co-partnership, association or corporation, other than the state or a public corporation, as the latter is defined in subdivision 1 of section 3 of the General Corporation Law.

8. "Railroad" or "railroad company" includes all common or contract carriers or other transportation facilities operating on rails.

9. "Railroad right of way" is the land adjacent to the tracks of a railroad and shall be construed to be 50 feet in width on each side of the center of the track but if the company owns a lesser width it shall include the entire width owned by it.

N.Y. Envtl. Conserv. Law § 9-0101