N.Y. Comp. Codes R. & Regs. tit. 6 § 591.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 591.2 - Definitions

The following terms used in this Part have the meaning indicated, unless the context clearly requires otherwise.

(a) Article 52 means article 52 of the Environmental Conservation Law.

(b) Aquifer means a geologic formation that is capable of yielding significant quantities of water to a well or spring.

(c) Aquifer recharge area project means a State project to acquire areas of the land surface through which water of great volume and high quality generally moves downward to the deeper portions of the underlying groundwater reservoir or to acquire wellhead protection zones.

(d) Bond act means the Environmental Quality Bond Act of 1986.

(e) Canoe area means an area where the watercourses or the number and proximity of lakes and ponds makes possible a remote and unconfined type of water-oriented recreation in an essentially wilderness setting.

(f) Commissioner means the Commissioner of Environmental Conservation or a duly authorized representative.

(g) Conservation easement means an easement, covenant, restriction or other interest in real property, which limits or restricts development, management or use of such real property for the express purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural, forest, or natural condition, character, significance or amenities of the real property in a manner consistent with the State's public policy and purpose, whether created under common law or pursuant to the provisions of article 49 of the Environmental Conservation Law. A conservation easement may include affirmative rights of public access and use.

(h) Department means the Department of Environmental Conservation.

(i) Environmentally sensitive lands project means a State project to preserve aquifer recharge areas, areas of exceptional scenic beauty or exceptional forest character, open space, pine barrens, public access, trailways, unique character, wetlands, and wildlife habitats, through the acquisition of land including conservation easements and appropriate management of that which is acquired.

(j) Exceptional forest character project means a State project to acquire forest land which possesses such attributes as maturity of growth, significant population of rare or uncommon forestland plants, scientific harvesting potential, aesthetic appeal or recreational opportunity.

(k) Exceptional scenic beauty project means a State project to acquire land forms, water bodies, geologic formations or vegetation which possess significant scenic qualities or significantly contribute to scenic values. The presence of man-made elements does not exclude the project from the exceptional scenic beauty classification.

(l) Forest preserve project means a State project to acquire lands within the Adirondack and Catskill Parks as additions to the forest preserve or to acquire conservation easements created either under common law or pursuant to title 3 of article 49 of the Environmental Conservation Law within said parks.

(m) Inland waterway access project means a State project to acquire selected lands on major rivers and lakes to provide public access and protect the right of public use of such waters for recreational purposes.

(n) Lands means lands, improvements and structures thereon or rights, franchises, and interests therein, lands under water and riparian rights, and shall also mean any and all interests in lands less than full title, including without limitation, permanent or temporary easements, including conservation easements, rights-of-way, leases, licenses, and any other estate, interest, or right-in-land, legal or equitable.

(o) Local groundwater protection program means strategies, plans and actions developed by appropriate county or local governments including, but not limited to, identification of areas critical for protection of groundwater, use of zoning, site plan review and other regulatory powers for groundwater protection and acquisition of lands in areas critical for groundwater protection.

(p) Open space project means a State project to acquire open or natural land in or near urban or suburban areas necessary to serve the scenic, recreation or other related needs thereof.

(q) Pine barrens project means a State project to acquire natural communities dominated by such biota as pitch pine, jack pine, and scrub oak which may be found associated with a variety of natural resources, and which depend upon the occurrence of periodic fires for their perpetuation.

(r) Primary public water supply aquifer means a highly productive water-bearing formation identified by the department consisting of unconsolidated (nonbedrock) geologic deposits, which:

(1) receives substantial recharge from the overlying land surface; and

(2) is presently utilized as a major source of water for public water supply, including, but not limited to, the following aquifers: Endicott-Johnson City; Ramapo-Mahwah River Valleys; Irondogenesee-Buried Valley; Jamestown, Elmira-Horseheads-Big Flats; Cortland-Homer-Preble; Corning; Fishkill-Sprout Creek; Fulton; South Fallsburgh-Woodbourne; Schenectady; Cohocton River; Tonawanda Creek; Seneca River; Clifton Park-Halfmoon; Olean-Salamanca; Croton-on-Hudson; Owego-Waverly.

(s) Primitive area means an area of land or water that is either:

(1) Essentially wilderness in character but:

(i) contains structures, improvements, or uses that are inconsistent with wilderness, as defined, and whose removal, through a long-term objective, cannot be provided for by a fixed deadline; and/or

(ii) contains, or is contiguous to, private lands that are of a size and influence to prevent wilderness designation; or

(2) of a size and character not meeting wilderness standards, but where the fragility of the resource or other factors require wilderness management.

(t) Principal aquifer means unconsolidated (nonbedrock) geologic deposits identified by the department which:

(1) receive substantial recharge from the overlying land surface;

(2) are known to be highly productive or whose geology suggest a potentially abundant source of water; and

(3) are not presently used as a major source of water for public water supply.

(u) Public access project means a State project to acquire access to lands for public use and includes stream rights and waterway access.

(v) Stream rights project means a State project to acquire public fishing rights on quality streams.

(w) Tidal waterway access project means a State project to acquire a tract of land providing access to salt water resources within the marine and coastal district as defined in section 13-0103 of the Environmental Conservation Law, to ensure continued recreational use by the public.

(x) Trailways project means a State project to acquire recreational trails which are developed, or are to be developed, under guidelines established for the development of a statewide trails system not within the forest preserve. A recreational trail may serve any of a variety of land or water-oriented uses.

(y) Unique character project means a State project to acquire lands of special natural beauty, wilderness character, geological significance, ecological significance, including areas essential for the conservation of threatened and endangered plant species, historical or archaeological significance, and which are suitable for dedication to the State nature and historic preserve, and similar lands within a forest preserve county outside the Adirondack and Catskill Parks.

(z) Waterway access project means either a tidal waterway access project or an inland wateway access project.

(aa) Wellhead protection zone means the area that is necessary to protect public water supply wellheads.

(bb) Wetlands project means a State project to acquire either freshwater wetlands as defined in article 24 of the Environmental Conservation Law or tidal wetlands as defined in article 25 of the Environmental Conservation Law, together with adjacent upland necessary for the management or viability of the wetland.

(cc) Wilderness area means an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain. A wilderness area is further defined to mean an area of State land or water having a primeval character, without significant improvements or permanent human habitation, which is protected and managed so as to preserve, enhance and restore, where necessary, its natural conditions, and which:

(1) generally appears to have been affected primarily by the forces of nature, with the imprint of man's work substantially unnoticeable;

(2) has outstanding opportunities for solitude or a primitive and unconfined type of recreation;

(3) has at least 10,000 acres of land and water or is of sufficient size and character as to make practicable its preservation and use in an unimpaired condition; and

(4) may also contain ecological, geological or other features of scientific, educational, scenic or historical value.

(dd) Wildlife habitat project means a State project to acquire specific areas essential for the conservation of threatened and endangered animal species which require special management considerations or protections for maintenance of such species. Threatened and endangered animal species means any species so defined in section 11-0535 of the Environmental Conservation Law as implemented by Part 182 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 591.2