PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Addition of section 190.10(g) to Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, sections 1-0101(3)(b), 3-0301(1)(b), (2)(m), 9-0105(1) and (3)
Subject:
Croton Gorge Unique Area.
Purpose:
To protect public safety and natural resources on the Croton Gorge Unique Area.
Public hearing(s) will be held at:
7:00 p.m., May 18, 2016 at Ossining Public Library, 53 Croton Ave., Ossining, NY.
Interpreter Service:
Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within reasonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph below.
Accessibility:
All public hearings have been scheduled at places reasonably accessible to persons with a mobility impairment.
Text of proposed rule:
A new subdivision (g) is added to 6 NYCRR section 190.10 to read as follows:
(g) Croton Gorge Unique Area. Description: For the purposes of this section, Croton Gorge Unique Area, referred to in this section as “the area”, means all those state lands located in Westchester County in the Town of Cortlandt, in a portion of the Cortlandt Patent.
(1) All camping shall be prohibited.
(2) Public use of the property will be allowed from sunrise to sunset only.
(3) The use of any type of fire shall be prohibited including the use of charcoal or gas grills.
(4) Possession or consumption of alcoholic beverages shall be prohibited.
Text of proposed rule and any required statements and analyses may be obtained from:
Jeff Wiegert, Division of Lands and Forests, 21 South Putt Corners Road, New Paltz, NY 12561, (845) 256-3084, email: jeffrey.wiegert@dec.ny.gov
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 Short EAF 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 of Environmental Conservation (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, enhancement, provision, allocation, and balanced utilization...and take into account the cumulative impact upon all such resources in promulgating any rule or regulation.” ECL section 9-0105(1) authorizes the Department to "[e]xercise care, custody, and control" of state lands. ECL section 3-0301(2)(m) authorizes the Department 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 the Department to “[m]ake 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 that forest, fish, and wildlife conservation are policies of the state and has empowered the Department 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 within the Croton Gorge Unique Area. The Department has also been authorized by the state 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 sections 3-0301(2)(m) and 9-0105(3)).
3. Needs and benefits
The Croton Gorge Unique Area (“the Area”) is located in the town of Cortlandt in Westchester County and was acquired in 1978 by the state because of its natural beauty. As early as 1965, Westchester County identified this stretch of the Croton River for public acquisition in its open space program. In 1974, discussions involving the Department, Westchester County officials, the Nature Conservancy, and various local and regional conservationists culminated in the formal submission of a nomination of a portion of the Croton Gorge for acquisition by the Department with Environmental Quality Bond Act funds under the unique category for inclusion in the State Nature and Historical Preserve. In 1976, the Board of the State Nature and Historical Preserve Trust advised the commissioner of the Department of Environmental Conservation that “the Croton River and Gorge from the New Croton Dam to the River’s confluence with the Hudson qualifies as a “Unique Area” in the natural beauty category; that the Board recommend that the commissioner explore and report on means of protecting the entire Gorge either by State, County, private or municipal acquisition or other method of protection; and that as a first step the commissioner acquire by easement or fee title up to 40 acres in the section designated… .” Original parcels identified for acquisition included lands owned by (a) the Village of Croton-on-Hudson, (b) the Union Free School District #2, (c) Towns of Cortlandt and Yorktown, and (d) three private landowners. An internal memo described the acquisition as “one of the grandest hemlock gorges in the State, and the finest immediately adjacent to the Tidal Hudson. Despite the propinquity to New York City, the tract is largely undisturbed.” The same memo proposed that an emergency action was required “in order to secure a crucial portion from adverse development.”
In 1978, the Department acquired 19.2 acres in three separate parcels east of the Croton River in the Town of Cortlandt, from two willing private sellers. The 19.2 acre acquisition by the Department became the Croton Gorge Unique Area. Part 190 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (“6 NYCRR”) contain the general regulations concerning the public’s use of state lands, but it does not adequately address the majority of management issues confronting this property including overuse, alcohol consumption, campfires, and camping.
Due to the large influx of public users to this small property in the summer months, there is degradation to the natural resources of the Area and an increase in public safety issues. These include the trampling of vegetation resulting in areas of compacted soil and bare ground, damage to trees resulting from limb removal for fire use, littering, and graffiti. In addition, trespassing onto neighboring private properties is an issue. In the case of wildfire, efforts to contain a blaze by local first responders would be hampered with the lack of fire hydrants near the property and the rugged terrain.
The proposed regulations will improve public safety by prohibiting the consumption of alcohol and the use of fire on the property. By prohibiting camping and restricting hours of use, it is anticipated that litter, trespass and other degradation problems will be reduced or eliminated. In contrast to other similar regulations, the proposed regulations specify the start and end of hours of public use as sunrise and sunset, rather than times of day. This language will help to ensure that users leave the area while there is still sufficient daylight to safely navigate the steep trail that is the only means of ingress and egress from the property.
Local government is very supportive of this regulatory proposal and are expected to assist the Department with enforcement. Local law enforcement and public safety officials are the first responders to incidents on this property. A Task Force composed of local municipal leaders, neighbors, law enforcement and public safety officials has been formed to address management issues on the Croton Gorge Unique Area. The Task Force has requested that the Department promulgate regulations to increase public safety and address overuse while still providing a quality outdoor recreational experience for users of the property. It has been pointed out that Department lands are the only publicly managed lands along the Croton River that allow alcohol consumption, campfires and camping. Consistency in permitted uses on publicly managed lands along the Croton River is desired. The uniqueness of the area and its uses require some additional restrictions on Department lands. For these and other reasons the Department seeks to promulgate regulations for the Croton Gorge Unique Area. The Department has concluded that it is reasonable and appropriate to develop regulations to regulate the activities at the Croton Gorge Unique Area in order to protect the Area’s natural resources given its unique character and level of public use.
Department staff attended a Task Force meeting on October 2, 2014 to listen to concerns and issues with public use of the Croton Gorge Unique Area. This is a continuation of meetings the Department has attended since 2006. Attendees at this meeting included Town Supervisors from Cortlandt and Ossining, the Mayor of Croton-on-Hudson, the Director of Environmental Services for the Town of Cortlandt, police and emergency personnel from Westchester County and the above municipalities, interested members of the public, users of the property and neighbors. At that meeting Department staff agreed to a field visit to the property which occurred on November 8, 2014. A handful of people showed up including the Director of Environmental Services for the Town of Cortlandt and a couple of neighbors. The content of the proposed Unique Area regulations was discussed.
Information regarding the Department’s intent to propose a regulation, the content of the regulation and the public process associated with the rulemaking will appear in a widely- distributed Spanish-language newspaper in the area. In addition, a public meeting in the local community will be held during the formal regulatory comment period. All regulatory documents will appear on the Department’s website.
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 local governments and Department enforcement personnel will not increase as a result of increased patrols since patrol levels will remain the same. Costs to the Department will be minimal and are estimated to be approximately $500.00 for necessary signage for the property explaining the new regulations.
5. Local government mandates
This proposal will not impose any program, service, duty or responsibility upon any county, city, town, village, school district or fire district.
6. Paperwork
The proposed regulations will not impose any 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. Alternatives
The no-action alternative is not feasible since it does not adequately protect the Croton Gorge Unique Area from overuse and abuse. Reliance on current Part 190 regulations for State Forest lands does not provide adequate public safety or law enforcement protections that are necessary for the protection of the Croton Gorge Unique Area because of its unique characteristics and geographic location.
9. Federal standard
There is no relevant federal standard governing the use of state lands.
10. Compliance schedule
The regulations will become effective on the date of publication of the rulemaking in the New York State Register. Once the regulations are adopted they are effective immediately. The Department will educate the public about the regulations through information posted on the Departments’ web site, signage posted on the property, and by working with the Task Force to help disseminate information regarding the regulations.
Regulatory Flexibility Analysis
The proposed rulemaking will adopt a new subdivision (g) to 6 NYCRR Section 190.10, “Unique Areas” that will address overuse and increase public safety on the Croton Gorge Unique Area while still providing a quality outdoor experience for users. A Regulatory Flexibility Analysis for Small Businesses and Local Governments is not submitted with these regulations because the proposal will not impose any reporting, record-keeping 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 will bear no economic impact as a result of this proposal. The proposed regulations relate solely to protecting public safety and natural resources on the Croton Gorge Unique Area.
Rural Area Flexibility Analysis
The proposed rulemaking will adopt a new subdivision (g) to 6 NYCRR Section 190.10, “Unique Areas” that will address overuse and increase public safety on the Croton Gorge Unique Area while still providing a quality outdoor experience for users. 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 regulations relate solely to protecting public safety and natural resources on the Croton Gorge Unique Area.
Job Impact Statement
The proposed rulemaking will adopt a new subdivision (g) to 6 NYCRR Section 190.10, “Unique Areas” that will address overuse and increase public safety on the Croton Gorge Unique Area while still providing a quality outdoor experience for users. 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 regulations relate solely to protecting public safety and natural resources on the Croton Gorge Unique Area.
