ENV-21-08-00002-P Use of State Lands

5/21/08 N.Y. St. Reg. ENV-21-08-00002-P

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 21

May 21, 2008

RULE MAKING ACTIVITIES

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. ENV-21-08-00002-P

Use of State Lands

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed action:

Amendment of sections 190.0 and 190.8 of Title 6 NYCRR.

Statutory authority:

Environmental Conservation Law, sections 1-0101(3)(b), (d), 3-0301(1)(b), (d), (i), (2)(m), (v), 9-0105(1), (3), 9-1105(1), 11-2101 and 49-0303(1); and Executive Law, section 816(3)

Subject:

Use of State lands.

Purpose:

To protect public safety, manage public use and protect natural resources on State lands.

Text of proposed rule:

Repeal subdivision (a) of 6 NYCRR section 190.0 and add a new subdivision (a) of section 190.0 to read as follows:

(a) Except as otherwise provided, the provisions of this Part shall apply to all persons entering upon or using State land under the department's jurisdiction that is administered by the Division of Lands and Forests and the Division of Operations pursuant to but not limited to articles 9, 45, 49, 51 and 52 of the Environmental Conservation Law, including such lands as “unique areas,” “State forests,” “reforestation areas,” “multiple use areas,” “forest preserve,” “environmentally sensitive lands” or those rights owned and managed by the State as “conservation easements” as defined in section 190.12 of this title.

Paragraphs (13) and (14) of subdivision 190.0(b) are renumbered paragraphs (14) and (15) and a new paragraph (13) is added to read as follows:

(13) Structure shall mean any object or improvement constructed, installed or placed on State land to facilitate land use, including but not limited to trails, roads, bridges, ramps, buildings, sheds, lean-tos, picnic tables, permanent tree stands or permanent hunting blinds, posts, rails, fences, pipelines, oil, gas and other well structures, septic systems, fuel tanks, telephone and electric lines, mobile homes, campers, trailers, signs, docks and dams, except that tents, campers, temporary blinds and other objects related to camping, hunting and wildlife viewing shall not be considered structures for the purposes of this definition, provided that such objects are in compliance with rules and regulations governing camping and hunting on State land.

Subdivision (a) of section 190.8 is repealed and a new subdivision (a) is added to read as follows:

(a) The use of State land, other than conservation easements under the jurisdiction of the department, or any structures or improvements thereon for private revenue or commercial purposes is prohibited, except as authorized by section 190.7 of this title and Environmental Conservation Law sections 9-0505, 9-0507 and 11-0533.

Subdivision (g) of section 190.8 is amended to read as follows:

(g) No person shall deface, remove, destroy or otherwise injure in any manner whatsoever any tree, flower, shrub, fern, fungi or other plant like organisms, moss or other plant, rock, soil, fossil or mineral or object of archaeological or paleontological interest found or growing on State land, except[ing] under permit from the Commissioner of Environmental Conservation and the [Assistant Commissioner for State Museum and Science Service,] Commissioner of Education, pursuant to section 233 of the Education Law as amended by chapter 121 of the Laws of 1958, nor shall songbirds and their nests and other wildlife be molested or disturbed at any time, except during the open season [therefor] for them, if any.

New subdivisions (r) through (gg) of section 190.8 are added to read as follows:

(r) No person shall operate or possess a snowmobile on State land outside of the forest preserve except:

(1) on trails designated and marked by the department as a “Snowmobile Trail” and only when the trail is completely covered with snow and/or ice; and

(2) on frozen lakes and ponds on State land when access to same may be gained by public highways lawfully designated for snowmobile use, or by trails designated and marked by the department as a “Snowmobile Trail.”

(s) No person shall operate or possess a bicycle on truck trails, roads, trails or other areas on State land outside of the forest preserve which is posted by the department as closed to bicycle use.

(t) No person shall operate or possess a mechanically propelled vessel other than an electric powered vessel on State land outside the forest preserve on the following bodies of water:

			UTM	Coordinate	USGS
County	State Land	Water Body	East	North	Quad
Region 3
Dutchess	West Mountain State Forest (SF)	Blackberry Pond	614671	4608789	Pawling, Dover Plains, Verbank & Poughquaq
Orange	Stewart SF	Beaver Pond	567672	4591920	Maybrook
Orange	Stewart SF	Restoration Pond	567041	4592043	Maybrook
Orange	Stewart SF	Rowe's Pond	566109	4591959	Maybrook
Orange	Stewart SF	Stick Pond	567133	4594384	Maybrook
Orange	Stewart SF	Pittman-Robertson Pond	569356	4594408	Maybrook
Orange	Stewart SF	Wilkens Pond	567762	4594473	Maybrook
Putnam	White Pond Multiple Use Area (MUA)	White Pond	606593	4592021	Poughquag & Lake Carmel
Putnam	California Hill SF	Waywayanda Lake	601402	4588380	Oscawana Lake
Sullivan	Hickok Brook SF	Hickok Brook Pond	510497	4594568	Highland Lake & Eldred
Region 4
Columbia	Beebe Hill SF	Barrett Pond	625746	4688111	State Line
Region 6
Lewis	BonaParte's Cave SF	Green Pond	470119	4890100	Lake BonaParte & Harrisville
Lewis	BonaParte's Cave SF	Duck Pond	470316	4889752	Harrisville
Lewis	BonaParte's Cave SF	Mud Pond	470711	4889576	Harrisville
Oneida	Big Brook SF	Johnny Smith Pond	442498	4808902	Florence
Oneida	Albert J. Woodford SF	Chittning Pond	474260	4751058	Cassville
Region 7
Broome	Nanticoke Lake MUA	Nanticoke Lake	410712	4687400	Lisle
Cayuga	Bear Swamp SF	Bear Swamp	393547	4733740	Sempronius
Cayuga	Frozen Ocean SF	Frozen Ocean Pond West	383367	4738897	Owasco
Chenango	Genegantslet SF	Balt Pond	436172	4696053	Smithville Flats
Chenango	Long Pond SF	Long Pond	430390	4696715	Smithville Flats
Chenango	Long Pond SF	Round Pond	430942	4694538	Smithville Flats
Chenango	McDonough SF	Kopak's Pond	442482	4707412	East Pharsalia
Chenango	McDonough SF	Whaley Pond	442452	4708923	East Pharsalia
Chenango	Whaupaunaucau SF	Jeffrey's Pond	461480	4717604	Holmesville
Cortland	Gee Brook SF	Calico Pond	422675	4708894	Cincinnatus
Madison	Charles E. Baker SF	Woodland Pond	469210	4734506	Hubbardsville
Onondaga	Morgan Hill SF	Shackham Pond	417573	4738216	Tully
Onondaga	Morgan Hill SF	Spruce Road	416026	4739101	Tully
Tioga	Oakley Corners SF	Oakley Corners Pond	404195	4669050	Newark Valley
Tioga	Oakley Corners SF	Oakley Corners Pond South	404158	4668437	Newark Valley
Tompkins & Cortland	Robinson Hollow SF	Tri-County Road	396864	4695960	Dryden
Region 8
Livingston	Ossian SF	Evergreen Pond	268500	4708247	Canaseraga
Steuben	Birdseye Hollow SF	Birdseye Hollow Pond	322949	4693357	Savona
Steuben	Birdseye Hollow SF	Sanford Lake	320620	4688847	Savona
Steuben	Cameron SF	Cameron Pond	301934	4679191	Cameron
Steuben	Cameron Pond	Unnamed	301240	4680940	Towlesville

(u) No person shall enter or remain upon or use any road, trail, facility or any other area on State land that is posted by the department as closed to public use.

(v) No person shall set, light, use or maintain a fire or campfire of any kind on State land which is posted by the department to prohibit campfires. Under no circumstances are campfires allowed on any truck trail, road, trail or parking area on State land.

(w) No person shall store or temporarily deposit any property on State land except pursuant to a department license or permit authorizing such activity. No person shall discard or abandon any property on State land. However, geocaches, legally placed traps during trapping season, temporary tree stands during big game season, temporary duck hunting blinds during migratory game bird season, and temporary ground blinds during bow hunting season, may be stored on State land provided the geocaches, tree stands and hunting blinds do not injure a tree and they are properly marked or tagged with the owner's name and address.

(x) No person shall erect, construct, occupy or maintain any structure on State land that is affixed to a tree by nails, screws or other means that injure or damage the tree.

(y) No person shall erect, construct, maintain, occupy or use any tree stand that is used, operated, accessed or reached by methods or means which injure or damage a tree on State land, and no person shall gain access to any structure in a tree on State land by means that injure or damage the tree.

(z) No person shall launch a vessel from a trailer directly into a body of water or retrieve a vessel directly from a body of water onto a trailer on State land, which the department has posted as closed to trailer launching of boats.

(aa) The Commissioner may prohibit campfires on State land during periods of high fire danger. No person shall set or maintain a campfire in violation of such Commissioner order, except this prohibition will not apply to liquid or gaseous fuel camping stoves or lamps.

(bb) No person shall possess breakable targets, including but not limited to clay pigeons and bottles, on State land and no person shall target shoot at breakable targets, including but not limited to clay pigeons and bottles, on State land. No person shall discharge firearms on State land posted as closed to target shooting except at legal game during hunting seasons.

(cc) No person shall erect, construct, install, use, maintain or abandon any structure on State land except as authorized by the department.

(dd) On State land, no person shall sponsor, conduct or participate in any organized event of twenty or more people, except under permit from the department. Examples of organized events include, but are not limited to: sponsored hikes; archery and fishing tournaments; snowmobile; bicycle, horse and orienteering races, runs, rides or competitions (including biathlons and triathlons); encampments; and re-enactments.

(ee) On State land, no person shall sponsor, conduct or participate in any research project except under permit from the department. Examples of research include, but are not limited to, population studies, collection of scientific samples, placement of scientific instruments, seismic exploration and archeological studies.

(ff) On State land, no person shall sponsor, conduct or participate in advertising, weddings or film making and other such events, except under permit from the department.

(gg) No person shall possess paint balls or paint ball guns on State land, and no person shall sponsor, conduct or participate in any activities associated with the discharging of paint balls on State land.

Text of proposed rule and any required statements and analyses may be obtained from:

David M. Forness, Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255, [phone], e-mail: [e-mail]

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 was prepared in compliance with Article 8 of the Environmental Conservation Law.

Regulatory Impact Statement

1. Statutory authority

The Environmental Conservation Law (ECL) provides statutory authority for guaranteeing beneficial use of the environment without risk to health and safety (ECL Section 1-0101(3)(b)), preserving the unique qualities of special resources such as the Adirondack and Catskill Forest Preserve (ECL Section 1-0101(3)(d)), promoting and coordinating management of land resources to assure their protection, taking into account the cumulative impact upon all such resources in promulgating any rule or regulation (ECL Section 3-0301(1)(b)), providing for the care, custody, and control of the Forest Preserve and non-Forest Preserve land (ECL Section 3-0301(1)(d)) and 9-0105(1)), providing for prevention and abatement of water, land and air pollution (ECL Section 3-0301(1)(i)), managing the real property under the jurisdiction of the Department for the purpose of preserving, protecting and enhancing the natural resource value for which the property was acquired or dedicated (ECL Section 3-0301(2)(v)), adopting rules and regulations to effectuate the purposes and to secure proper enforcement of the Environmental Conservation Law, and more particularly, adopting rules and regulations prohibiting any person from entering upon State-owned land, or restricting the activities of the public on such land, whenever it determines that a serious fire hazard exists thereon (ECL Section 3-0301(2)(m), Section 9-0105(3) and 9-1105(1)). Furthermore, Executive Law Section 816(3) authorizes the Department to adopt rules and regulations necessary, convenient or desirable to effectuate management planning responsibilities for State land in the Adirondack Park. Finally, the New York State Constitution, Article XIV, Section 1 mandates that the Forest Preserve be “forever kept as wild forest lands.”

2. Legislative objectives

The Department's purpose in proposing these Part 190 amendments is to improve its stewardship of Forest Preserve and other lands under its jurisdiction. As more fully described below, this proposed rulemaking will meet the legislative objectives of providing for the beneficial use of the environment by the public and preserving and enhancing natural resources. In addition, the proposed rulemaking will protect the public health and safety, as more fully discussed below, by reducing the potential for such dangerous situations as forest fires and snowmobiling accidents. Specifically, this rulemaking proposes regulations for the following public uses of State land:

1. Snowmobiles;

2. Bicycles;

3. Mechanically propelled vessels and trailered boats;

4. Campfires;

5. Tree stands and other structures attached to trees;

6. The storage of personal property;

7. Organized events;

8. Target shooting;

9. Private revenue or commercial purposes;

10. Permanent tree stands; and

11. Gathering fungi or other plant like organisms.

While it is the Department's goal, in keeping with the legislative objectives, to provide for a spontaneous recreational experience on State land, regulatory restrictions must sometimes be imposed to prevent unacceptable impacts resulting from public use, particularly in high use areas where the carrying capacity is exceeded. These proposed amendments will enable the Department to protect natural resources while appropriately managing public use to ensure that the public benefits from a safe and satisfying recreating experience.

For example, the proposed regulations will add clarity with respect to where persons are allowed to operate snowmobiles, bicycles and mechanically propelled vessels will ensure safe enjoyment of State land by directing these uses to areas that have the capacity to withstand such use and avoiding hazardous areas and user group conflicts. The amendments also will enable the Department to direct these uses away from environmentally sensitive areas which cannot withstand such uses.

Adding clarity and precision to the regulations will better educate the public about appropriate uses of State land. In many instances, such education will result in self-regulation by the public, thereby facilitating natural resource protection.

3. Needs and benefits

Article XIV, Section 1 of the New York State Constitution mandates that the Forest Preserve be “forever kept as wild forest lands,” and Articles 3 and 9 of the ECL mandate the preservation and protection of all state lands under the Department's jurisdiction by empowering the Department to exercise “care, custody and control” over this land. The purpose of this rulemaking is to clarify and strengthen regulations governing public use of both Forest Preserve and non-Forest Preserve lands.

The applicability provisions of Part 190 need to be revised to clarify that the provisions apply to public use on all forest land. Currently, it is unclear whether Part 190 applies to all classifications of forest land, such as unique and multiple use areas. This clarification is needed to allow for the consistent management and effective stewardship of all Department land. Overall public use of State land has increased markedly since the initial adoption of 6 NYCRR Part 190 in 1972. In many areas of the State, private land postings, subdivision development, and increased demands for access to open space have increased public uses of State land. Also, the nature of public recreation has changed since 6 NYCRR Part 190 was adopted in 1972, as recreation has been shifting away from more traditional passive uses such as hunting, fishing and hiking to more high impact activities such as snowmobiling and bicycling. The increased and changing recreational use of State land has resulted in increased conflicts between different user groups, such as hiker and mountain bikers. The proposed restrictions are necessary to address the environmental damage and public safety issues resulting from unrestrained snowmobile and mountain bicycle use, uncontrolled campfires, permanent tree stands, unauthorized boat launching, significant increases in litter, increased user conflicts, and the unregulated storage of boats, camping equipment, motor vehicles and other personal property on State land. As more people utilize State land, certain roads, trails, campsites, and hunting areas have experienced substantial environmental damage. This increased environmental damage also increases risks to public health and safety. For instance, damage to root systems can kill trees, creating hazards to the public who are recreating beneath them. Unrestrained public recreational activities can cause erosion on fragile mountain slopes, increasing avalanche danger. Further, uncontrolled campfires can lead to the destruction of the understory, cutting of limbs and live trees, and increased danger of forest fires.

Current regulations for control of the public use and operation of snowmobiles, mountain bicycles and mechanically propelled vessels on non-Forest Preserve lands are inadequate. On non-Forest Preserve lands, the absence of regulations for the control of the public use of snowmobiles, bicycles and mechanically propelled vessels hinders the Department's ability to provide the public with a safe and enjoyable recreational experience. These proposed regulations will enable the Department to direct snowmobile, bicycle and mechanically propelled vessel use on non-Forest Preserve lands to areas that have the capacity to withstand such use. Restrictions on snowmobile use also are necessary to avoid hazardous conditions, such as open water. These regulations also give the Department the ability to address user group conflicts which sometimes occur between snowmobilers and cross country skiers, as well as bicyclists and hikers, and canoeists and motorboat operators.

Additionally, the proposed regulations are needed to prohibit public use of State owned land or facilities and assets that the Department closes or imposes restrictions on for public health, safety and environmental reasons.

Consistent with the Department's constitutional and statutory mandate, the proposed regulations are needed to prohibit public use of non-Forest Preserve land or facilities and assets situated thereon for private revenue and commercial purposes. With the exception of the sale of articles by permit on campgrounds, the sale of certain forest products, and the leasing of oil and gas rights and licensed guide services, the use of State land for private revenue and commercial purposes is not authorized by legislation and is inconsistent with the purposes for which these lands were acquired.

The proposed regulation prohibiting fires on truck trails, roads, trails or parking areas, and in other areas where posted by the Department, is necessary to protect public health and safety, particularly during high fire danger conditions.

The proposed regulations are also needed to allow the Department to prohibit, restrict or regulate large organized group events, such as competitive races, tournaments, group hikes biathlons, conventions and similar large gatherings, and to allow the Department to prohibit, restrict or regulate weddings, advertising or film making. Research projects also need to be controlled. The attraction and concentration of large numbers of persons to a particular location on State land has the potential to conflict with the enjoyment of other recreational users and can result in damage to natural resources. Large events, if not carefully planned and controlled, have the potential to degrade the environment and create user group conflicts. Regulation of organized events and research projects, through a permit process, is necessary in order to protect the public health and safety as well as the environment. Many of these impacts can be avoided through the imposition of mitigating conditions as part of the permit process, which might include limiting group size, regulating the location and timing of the event, and imposing conditions for addressing human waste.

The proposed regulatory restrictions on target shooting are necessary to protect the safety of the non-shooting and shooting public. The prohibition on the use of breakable targets will also avoid deposition of debris such as glass and clay targets that can be both unsightly and damaging to the environment and human health.

The addition of fungi and other plant like organisms to the list of items found on State land that no person shall deface, remove, destroy or otherwise injure, is necessary for their protection. Fungi and other plant-like organisms provide ecological benefits, including the decay and decomposition of dead trees, and are an important food source for many animals. Many species of fungi are vulnerable to commercial exploitation. Little or no scientific information exists about the habitat needs and reproductive requirements of these organisms. It is prudent to protect these organisms from human exploitation in the absence of the fundamental scientific knowledge needed to ensure their continued sustainability.

The proposal to prohibit paint ball possession and use will address aesthetic and natural resource impacts. Paint is unsightly, degrades the scenic beauty of State lands, is inconsistent with the purposes for which State land has been acquired by the Department, and requires time-consuming and expensive clean up.

The proposal to prohibit permanent tree stands is needed because their installation harms trees and, on non-Forest Preserve lands, can cause significant decrease in the lumber quality of trees resulting in an economic loss to the State. Permanent tree stands are also extremely dangerous as they are unstable and prone to collapse when occupied by people.

Except for campsites (see 6 NYCRR 190.4), there are currently no regulatory prohibitions on the storage of personal property on State land under the Department's jurisdiction, nor are there any regulatory prohibitions on the erection or construction of structures on State land. Without such regulations, the Department's ability to effectively enforce against such abuses is hindered. The construction of private buildings and structures and the storage of personal property on State land constitutes a trespass on State lands, causes the Department to incur solid waste disposal costs, and creates other management, environmental, and land use problems. Without the proposed regulations, it is difficult to deter many types of inappropriate behavior on State land. For example, numerous boats are routinely stored along the shoreline of lakes and ponds managed by the Department. Many of these boats are ultimately abandoned, vandalized or sunk.

The proposed rulemaking will enhance the Department's ability to protect State land for use by future generations. Protection of open space for public use promotes well being not only for those who recreate on these lands, but also for those who are comforted by the knowledge that the land will be there for future generations who desire to escape the noise and stress of everyday life.

Members of the Department's Forest Preserve Advisory Committee, Accessibility Advisory Committee and the New York State Trails Council and the presidents of Parks and Trails New York, New York State Trappers Association, New York Mountain Bike Coalition, New York Geocachers, New York State Conservation Council, New York Bowhunters, the Conservation Fund Advisory Board, the Conservation Alliance of New York and the New York State Snowmobile Association received notice of the Department's intent to promulgate these regulations along with a copy of the proposed regulations. All parties were invited to submit preliminary comments. The responses that were received were supportive in nature.

4. Costs

No costs to the regulated community or the Department are anticipated to result from the adoption of these regulations except for the insignificant fees and administrative costs associated with applying for and processing Temporary Revocable Permits (TRPs) for the specified recreational activities. There may also be some increased costs to those who are ticketed for violating the new regulations, although typically the Department enforcement personnel initially seek to educate the public about new regulations before enforcing against them. The proposed regulations requiring TRPs merely formalize in regulation the current policy that a TRP be obtained prior to undertaking these specified activities; thus, there are no new TRP application costs that will be incurred by the public.

The Department will have minor costs associated with sign installation. Costs incurred by rescue squads and EMTs should be reduced by the rulemaking because snowmobilers will be more likely to stay on Department approved trails, thereby minimizing the potential for accidents. Further, there will be fewer forest fires if the regulations are adopted, and the costs to the State for fighting fires will therefore be reduced. Also, costs to the Department for disposing of personal property and trash should decrease as a result of the new regulations.

Environmental, social and programmatic costs associated with the abuses discussed above, which are currently internalized, should decrease significantly. For example, the implementation and enforcement of the proposed regulations will reduce the use of certain trails during wet weather, thereby avoiding and mitigating soil erosion, tree decline and death, and stream siltation. The decrease in such hazardous conditions will also enhance public safety. The implementation of the proposed regulations will avoid and mitigate shoreline degradation resulting from irresponsible boat launching, protect timber values or tree health by prohibiting the improper installation of structures or tree stands, protect water quality and habitat of small ponds by banning gas powered motors on designated waterbodies, and decrease the potential risk for forest fires caused by careless human conduct. Currently, the Department has identified more than $28 million in maintenance, repair and capital improvement needs for its State land under its jurisdiction. The proposed regulations will lessen environmental degradation and should therefore help to reduce the enormous cost of State land maintenance needs.

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 and may lessen the burden for local governments with respect to fire fighting, search and rescue costs.

6. Paperwork

The regulations will not impose any reporting requirements or other paperwork on any private or public entity, with the possible exception of TRPs as explained above in Section 4.

7. Duplication

The proposed regulations will not duplicate, overlap or conflict with other rules and legal requirements of State and Federal governments. The proposed regulations will help to implement current statutory provisions which protect the natural resource values of State lands.

8. Alternative approaches

The “no action” option is not an acceptable alternative because these regulatory changes are essential to public safety and natural resource protection. The absence of these regulations diminishes the Department's ability to be a good steward of the lands entrusted to its “care, custody and control,” and diminishes the ability of the Department to provide the public with a safe and rewarding recreational experience.

One possible alternative to restricting snowmobiles to designated trails would be to enforce a speed limit of 25mph on any snowmobile using State land. This action would alleviate some of the current public safety issues. However, environmental degradation caused by snowmobile use in environmentally sensitive areas, use of snowmobiles in unsafe areas, and user conflicts would not be resolved by speed limits. Also, speed limits are extremely difficult to enforce.

It is important to note that the proposed regulation for controlling bicycle use on State land is an “affirmative” regulation which would allow bicycle use on non-Forest Preserve lands except on roads, trails and areas posted as closed. This regulatory approach serves as an efficient land management tool to close only those specific roads, trails or areas that are experiencing environmental damage due to bicycle use or are unsafe for use. The vast majority of State roads, trails and areas will continue to remain open to bicycle use. The alternative of allowing bicycle use only on roads and trails signed as open would be inefficient and would be an ineffective use of staff resources.

The Department believes that allowing the use of electric powered vessels on the bodies of water that are proposed to be closed to mechanically propelled vessels provides a clean alternative to the use of mechanically propelled vessels.

The proposed regulatory prohibition on the use of permanent tree stands on State land (sections 190.8(x) and (y)) is necessary to protect public safety and prevent forest health and economic loss resulting from degradation in timber value. Proposed section 190.8(w) allows for the use of portable tree stands on State land, thus providing an alternative for people who wish to use tree stands as hunting aids.

It is not possible for the Department to propose an alternative to the proposed prohibition relating to the use of State land for private revenue or commercial purposes given the Department's lack of statutory authority for allowing these activities (except as otherwise noted).

An alternative to prohibiting the removal of fungi and other plant-like organisms from State land would be to authorize the commercial collection of these organisms by permit. This alternative is not acceptable, given the absence of scientific knowledge on these organisms.

The proposed restrictions on the storage of personal property on State land provide an exception in the form of a Department permit authorizing such activity. Although such permits would likely be rarely issued, this exception provides an alternative to an absolute prohibition on the storage of personal property on State land.

An alternative to requiring a permit for organized events would be to designate specific areas for these events on State land. This alternative would eliminate, for these activities, the need for permits but could result in overuse and consequent environmental degradation of the designated group activity areas. Additionally, the lack of permitting requirement would not allow the Department to establish conditions in the permit designed to avoid and mitigate potential impacts resulting from an organized event and to require liability protection for the State.

The “no action” alternative with respect to clarifying the applicability section of Part 190 is not acceptable, because the State Legislature mandated that the Department provide for the “care, custody and control” of Forest Preserve and non-Forest Preserve land. Thus, the regulations should be clear as to the applicability of all classifications of Department Forest land. The lack of clarity and consistent application of public recreation restrictions has the potential to confuse the public with respect to what restrictions apply to a particular classification of land. Also, the lack of clarity has the potential to diminish the Department's ability to achieve the legislative objectives of resource preservation.

9. Federal standard

These regulations do not exceed any minimum standards of the Federal government. There are no relevant federal standards related to these regulations.

10. Compliance schedule

This proposed rulemaking does not impose any compliance requirements or mandates, therefore, there is no compliance schedule. The rulemaking will become effective on the date the notice of adoption is published in the State Register.

Regulatory Flexibility Analysis

A Regulatory Flexibility Analysis for small businesses and local government is not submitted with these regulations because the proposal will impose no adverse economic impact or reporting, record keeping or other compliance requirements on small businesses or local government.

Since there are no identified cost impacts for compliance with the proposed regulations on the part of small businesses and local government, they will bear no economic impact as a result of this proposal. The proposed rule solely relates to the control of public use on state lands.

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 rule solely relates to controlling public use on state lands, thereby ensuring public safety and protection of natural resources.

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 rule solely relates to controlling public use on state lands, thereby ensuring public safety and protection of natural resources.