N.Y. Comp. Codes R. & Regs. tit. 9 § 577.2

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

Section 577.2 - Definitions used in this Part

In addition to the definitions in section 15-2703 of the Environmental Conservation Law, the following words and terms shall have the following definitions:

(a) Agricultural use means any management of any land for agriculture; raising of cows, horses, pigs, poultry and other livestock; horticulture or orchards; including the sale of products grown or raised directly on such land, and including the construction, alteration or maintenance of fences, agricultural roads, agricultural drainage systems and farm ponds.

(b) Agricultural use structure means any barn, stable, shed, silo, garage, fruit and vegetable stand or other building or structure directly and customarily associated with agricultural use.

(c) Basal area means the sum of the cross-sectional areas, measured at 4.5 feet above ground, of all vegetation within a given area.

(d) Forest management means forestry practices, including harvesting of a forest, woodland or plantation and other types of cuttings planned as part of a deliberate forest management program, the construction, alteration or maintenance of wood roads, skidways, landings and fences, and related research and educational activities.

(e) Land management plan or rivers system land management plan means a plan for the management of a river area or areas pursuant to section 577.9 of this Part.

(f) Motor vehicle means a device for transporting people or material, incorporating a motor of any type for propulsion and with wheels, tracks, skids, skis, air cushion or other contrivance for traveling on or adjacent to land and water or through or over water.

(g) Motorized open space recreation use means any open space recreation use which customarily utilizes one or more motor vehicles.

(h) Person means any individual, corporation, partnership, joint venture, association, organization, government or any agency or political subdivision thereof (including the State or any State agency) or any other entity.

(i) Privately owned means owned by any person, but not by the State or any State agency.

(j) Private road means any road other than a wood road or a public road.

(k) Public road means any road over which the public has a right to travel.

(l) Public utility use means any public utility use, equipment or structure which is not a " major public utility use". A public utility use does not include any use which is subject to the jurisdiction of the Public Service Commission pursuant to article seven or article eight of the Public Service Law.

(m) Restrictions and standards means the provisions of section 577.6 of this Part.

(n) River means that portion of a flowing body of water, such as a river, stream or lake, to the mean high water mark thereof, which is designated as a wild, scenic or recreational river in Appendix Q-6 of this Title, but shall not include any tributary thereto unless expressly included in such designation.

(o) River area means the wild, scenic and recreational rivers and the private lands in their immediate environs as set forth in Appendix Q-6 of this Title.

(p) River area utility use means any electric power transmission and distribution line, telephone trunk and feeder cable or distribution line, pipe or conduit for the transmission of gas, oil and other fuels, and any water and sewage system pipe or conduit, whether or not such use is subject to the jurisdiction of the Public Service Commission.

(q) Rivers project means any new land use or development or subdivision of land set forth in section 577.5 of this Part.

(r) Road means any highway, hard-surfaced road, improved or dirt road, but not including any bridge.

(s)Shoreline lot means any lot (1) within or adjoining the mean high water mark of a wild, scenic or recreational river, or (2) located within 100 feet of such mean high water mark or within any applicable setback distance of this Part, whichever is greater.

(t) Stream improvement structures for fishery management purposes means structures and improvements, including but not limited to fish barrier dams, fish passage structures, minor diking, cribbing, bank stabilization and stream deflectors and other structures or improvements designed solely for fishery management purposes which do not materially alter the natural character of the waterway.

(u) Structure means any object constructed, installed or placed on land to facilitate land use and development or subdivision of land, such as buildings, sheds, single family dwellings, mobile homes, bridges, signs, tanks, fences and poles, outdoor lighting, trailers, travel trailers, campers or tents constructed, installed or placed on land (excepting trailers, campers or tents outside a campground and for a temporary period only), and any fixtures, additions or alterations.

(v) Vegetation means trees and woody-stemmed plants, except agricultural crops.

(w) Wild, Scenic and Recreational Rivers System Act means title 27 of article 15 of the Environmental Conservation Law.

(x) Wood road means any dirt or other unimproved road designed and used solely for forest management purposes or related fish and game activities, not intended for use by the general public, and simply constructed by grading, filling and/or corduroying, without extensive finish or maintenance work.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 577.2