A new section 190.32 is added to 6 NYCRR to read as follows:
190.32 Otter Creek Trail System Assembly Area
(a) Description. For purposes of this section, Otter Creek Trail System Assembly Area means those State lands located in Independence River State Forest (Lewis Reforestation Area 35) lying east of the Erie Canal Road (Chase's Lake Road) and west of the Adirondack park boundary. Said Otter Creek Trail System Assembly Area shall be hereinafter referred to as the "Assembly Area". In addition to other applicable general provisions of this Part, the following provisions apply to the Assembly Area. In the event of a conflict, these specific provisions shall control.
(b) Camping.
(1) Immediately upon arrival at the Assembly Area each camping party shall complete all required information on a self-issuing camping permit. The Department portion of the camping permit shall be placed in the provided drop box. The camping party's portion of the camping permit shall be displayed on the dashboard of the vehicle identified on the camping permit at all times.
(2) Each camping party is limited to a maximum of 9 persons. All members of the camping party shall be listed on the camping permit and shall occupy a single site.
(3) Camping permits are valid for a maximum of 14 consecutive nights after which all members of the camping party shall vacate the facility for a minimum of 5 calendar days.
(4) Camping sites shall be occupied by at least one or more members of the registered camping party every night during the duration of the permit.
(5) Camping in the overflow area of the Assembly Area (hereinafter referred to as "overflow area") is limited to no more than 3 consecutive nights.
(6) Any use of the Assembly Area by any person who is not a member of a registered camping party is considered day-use. Day-use shall be from 7 AM to 10 PM unless otherwise posted. No day-users are allowed in the facility after 10 PM and before 7 AM.
(c) Horses and Llamas
Definition. For the purpose of this section, horse(s) shall mean the entire family of equidae and llama(s) shall mean all new world camelids, llamas, alpacas, guanacos, and vicunas.
(1) All horses entering the Assembly Area shall have documentation of a currently valid Coggins test performed in the current or previous calendar year and shall have been found negative for Equine Infectious Anemia. Out of state horses shall also have a valid 30-day Certificate of Health. All horses will have proof of a current rabies vaccination.
(2) All llamas entering the Assembly Area are required to have a valid Certificate of Veterinary Inspection, with the animals individually identified and proof of a current rabies vaccination.
(3) Any horse or llama remaining in the Assembly Area overnight, with the exception of the overflow area, shall be harbored in a DEC covered tie stall or, in the case of a stallion, in a stud stall.
(4) Stud stalls shall only be occupied by stallions.
(5) Horses or llamas shall not be tethered to trees anywhere in the Assembly Area.
(6) Horses or llamas shall not be run, galloped or cantered in the Assembly Area.
(7) Horses or llamas in the overflow area shall be harbored in, or tethered to their trailer or in a temporary corral.
(8) The use of temporary corrals is restricted to the cleared section of the overflow area.
(9) No person shall fail to maintain an orderly camp, including horse stalls. All manure shall be removed or deposited into designated manure pits.
(10) Washing of horses or llamas within the Assembly Area is prohibited.
(d) Animals and Household Pets
(1) All animals, except household pets, horses and llamas, are prohibited.
(2) All household pets shall be confined on a leash or otherwise confined to restrict them to the camp site area of their owner.
(3) Dogs may be walked on a leash no more than 6 feet long provided they are under control at all times.
(4) No household pets shall be left unattended in the Assembly Area at any time.
(5) All household pets in the Assembly Area shall have proof of a current rabies vaccination.
(6) Household pet owners shall properly dispose of their pet's excrement in the designated manure pits.
(7) Disruptive or vicious animals and household pets shall be removed by their owner from the area whenever requested by Department or law enforcement personnel.
(e) General Provisions.
(1) No person shall possess alcoholic beverages in any container with a capacity greater than seven gallons at any time.
(2) Fires are only permitted in fire rings or fireplaces provided by the Department.
(3) Quiet hours shall be observed between 10:00 PM and 7:00 AM.
(4) Generators may only be operated from 8:00 AM to 10:00 AM and from 4:00 PM to 8:00 PM.
(5) The possession or use of fireworks of any nature is prohibited.
(f) Enforcement
(1) No person shall fail to comply with a lawful instruction of an employee of the Department or law enforcement personnel.
(2) Violation of any provision of this Part shall be grounds to revoke the camping permit which includes the violator as a member of the camping party, removal of the violator from the Assembly Area and denial of any use of the Assembly Area by the violator for a period of 7 days.
Text of proposed rule and any required statements and analyses may be obtained from:
Robert Messenger, Chief Bureau of State Land Management, NYS DEC, 625 Broadway, Albany, New York 12233-4255, (518) 402-9428, email: rwmessen@gw.dec.state.ny.us
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Additional matter required by statute:
A Negative Declaration has been prepared in compliance with Article 8 of the Environmental Conservation Law.
Regulatory Impact Statement
1. Statutory authority
Environmental Conservation Law ("ECL") section 1-0101(3)(b) directs the Department to guarantee "that the widest range of beneficial uses of the environment is attained without risk to health or safety, unnecessary degradation or other undesirable or unintentional consequences." ECL section 3-0301(1)(b) gives the Department the responsibility to "promote and coordinate management of...land resources to assure their protection...and take into account the cumulative impact upon all such resources in...promulgating any impact upon all such resources...in promulgating any rule or regulation." ECL section 9-0105(1) authorizes the Department of Environmental Conservation to "exercise care, custody, and control" of State lands. ECL section 3-0301(2)(m) authorizes the Department of Environmental Conservation (DEC) to adopt rules and regulations "as may be necessary, convenient or desirable to effectuate the purposes of (the ECL)," and ECL 9-0105(3) authorizes DEC to "make necessary rules and regulations to secure proper enforcement of (ECL Article 9)."
2. Legislative objectives
In adopting various articles of the ECL, the legislature has established forest, fish, and wildlife conservation to be policies of the State and has empowered DEC to exercise "care, custody, and control" over certain State lands and other real property. Consistent with these statutory interests, the proposed regulations will protect natural resources and the safety and welfare of those who engage in recreational activities on the Otter Creek Trail System Assembly Area. The Department also has been provided authority by the Legislature to manage State owned lands (see ECL section 9-0105(1), and to promulgate rules and regulations for the use of such lands (see ECL section 3-0301(2)(m) and ECL section 9-0105(3)).
The proposed regulations will protect natural resources by requiring campers to complete a self issuing permit, as well as requiring horses and llamas to remain in the Assembly Area overnight. Additional provisions of the regulation will control the use of alcoholic beverages and generators as well as household pets using the area. A Unit Management Plan (UMP) for this area will be completed in the future. During the planning process, revisions to the proposed regulations might be made. This would depend upon the need, for instance if management of the area can be improved as evidenced by use or as a result of public input.
3. Needs and benefits
The Otter Creek Trail System Assembly Area serves as the major trailhead for approximately a seventy mile complex of recreational trails designated for use by horses, mountain bikes and hikers. The trail system is located on two State reforestation areas as well as the adjoining Independence River Wild Forest. The Assembly Area also provides camping and equestrian related facilities. Because of unregulated use of this facility during peak periods, degradation of natural resources, particularly damage to vegetation and trees has occurred. In addition, social impacts, including overcrowding, boisterous behavior and pets, particularly dogs disturbing other users, must be controlled. The major provisions of the proposed regulations that will control use on the Assembly Area include: requiring campers to complete a self-issuing permit; limiting the size of camping parties to groups of nine; requiring horses and llamas to remain in the Assembly Area overnight to be tethered in a DEC covered tie stall or, in the case of a stallion, in a stud stall; tethering of horses and llamas in the Overflow Area to a trailer or to a temporary corral; restrictions on alcoholic beverages and household pets and allowing the operation of generators from 8:00 a.m. to 10:00 a.m. and from 4:00 p.m. to 8:00 p.m.
Additional regulations that may apply to the Assembly Area are covered under 6 NYCRR Part 190, Use of State Lands.
The proposed regulations relating to the self-issuing permit system provides a mechanism to limit the amount of use within the Assembly Area to a level within the area's capacity to withstand that use. In addition, it would provide the Department with valuable user data for the area. Limiting the size of camping groups to nine would lessen the potential for environmental damage to the area as well as limiting the potential for social impacts, such as inappropriate behavior causing disturbance to other users. The proposed regulations require horses and llamas remaining in the Assembly Area overnight be tethered in a covered tie stall or horses(s) in a stud stall as well as requiring horses and llamas in the Overflow Area be tethered to a trailer or to a temporary corral. This will provide protection to vegetation and trees in the Assembly Area by prohibiting tethering of horses and llamas to trees which can cause damage to bark. This is a potential problem, particularly during high peak use periods.
The proposed regulations will extend hours to allow generator use to accommodate users who are on the trails late in the day. The seven gallon container restriction on alcohol is necessary so that excessive drinking can be minimized. The regulation on household pets is necessary, particularly to control dogs in the Assembly Area.
The Department went beyond its initial responsibility regarding outreach. The following groups, as well as users, had the opportunity to review the draft regulations. As a result, further staff review along with public input resulted in some revisions to the regulations. These included establishing a self-issuing permit system, rather than the designation of campsites, eliminating the restriction on glass containers and changing the seven gallon container to only cover alcoholic beverages, allowing extended hours for generator use, allowing overnight camping in the Overflow Area for up to three nights, permitting the use of temporary corrals in the Overflow Area, and removing the requirement that stallions in stud stalls also have a tie stall assigned to them.
Individual members of the New York State Trails Council, New York State Horse Council, Upper Canada Equestrian Association, Ride New York and the Leatherstocking Riding Club received an announcement of the DEC's intent to propose this regulation, along with a request for preliminary comments. The proposed regulations were also posted at the facility with contact information to allow individual users of the facility the opportunity to comment.
4. Costs
There will be no increased staffing, construction or compliance costs projected for State or local governments or to private regulated parties as a result of this rulemaking. Costs to the regulating agency would be minimal, approximately $300 for the necessary signage and printing costs for self issuing permits.
5. Local government mandates
This proposal will not impose any program, service, duty nor responsibility upon any county, city, town, village, school district or fire district.
6. Paperwork
Self-issuing permits will be required for overnight campers, however, this will not result in an increase in paperwork since these permits will replace the existing trail register system. It is possible there will be a slight increase in the number of citations issued by the Department during the first few months after the regulation takes effect, however this should also not result in an increase in paperwork. The regulations will not impose any additional reporting requirements or other paperwork on any private or public entity.
7. Duplication
There is no duplication, conflict, or overlap with State or Federal regulations.
8. Alternative approaches
Several alternatives were considered to determine which management strategies would best protect the resource and best serve the public using this facility. The "No Action" alternative would continue to allow unregulated use of the facility and the adjoining trail system and would do nothing to provide protection to the natural resources of the area or the experience of visitors.
There were many variations of the proposed regulations considered. Staff considered additional regulations to control every aspect of use in the area but felt that the proposed regulations represented the "minimal tool" necessary for the management of this facility. Consideration was given to requiring users to obtain permits from the Lowville DEC Office prior to arrival, however, it was felt this would not only place an additional burden on users, but also on Department staff.
9. Federal standard
There is no relevant Federal standard governing the use of State lands.
10. Compliance schedule
The proposed rule with respect to the Otter Creek Trail System Assembly Area will become effective on the date of publication of the rulemaking in the New York State Register. No time is needed for regulated persons to achieve compliance with the regulations. Once the regulations are adopted, they are effective immediately.
Regulatory Flexibility Analysis
A Regulatory Flexibility Analysis for Small Businesses and Local Governments is not submitted with these regulations because the proposal will not impose any reporting, recordkeeping or other compliance requirements on small businesses or local governments.
Since there are no identified cost impacts for compliance with the proposed regulations on the part of small businesses and local governments, they would bear no economic impact as a result of this proposal. The proposed regulation relates solely to protecting the natural resources and the public safety on the Otter Creek Trail System Assembly Area.
Rural Area Flexibility Analysis
A Rural Area Flexibility Analysis is not submitted with this proposal because the proposal will not impose any reporting, record-keeping or other compliance requirements on rural areas. The proposed regulation relates solely to protecting the natural resources and the public safety on the Otter Creek Trail System Assembly Area.
Job Impact Statement
A Job Impact Statement is not submitted with this proposal because the proposal will have no substantial adverse impact on existing or future jobs and employment opportunities. The proposed regulation relates solely to protecting natural resources and the public safety on the Otter Creek Trail System Assembly Area.
