Lands and Forests Emergency, Proposed & Recently Adopted Regulations
Emergency Regulations
Firewood Restrictions to Protect Forests from Invasive Species
The purpose of this Emergency Firewood Regulation is to reduce the risk of introduction and spread of invasive insects and diseases of trees by preventing untreated firewood from entering New York State and restricting the movement, sale and possession, within the State, of untreated firewood that originates in New York State.
This emergency regulation is in effect for 90 days beginning December 5, 2008. It is worded exactly the same as the proposed regulation noted below.
For more information, please see the Frequently Asked Questions for Firewood Regulation page. If you have any additional questions regarding this emergency firewood regulation, please call this toll-free number: 1-866-640-0652. Or E-mail us at: firewood@gw.dec.state.ny.us
A Self-Issued Certificate of Source form is required for the transport of untreated firewood for personal use, less than 50-miles from its New York source.
Self-Issued Certificate of Source (pdf format, 100 kb)
Self-Issued Certificate of Source (Microsoft Word format)
Proposed Regulations
Permanent Firewood Regulation Proposed to Prevent the Spread of Tree-killing Insects and Diseases
On December 10, 2008 a proposed regulation was posted in the State Register. For more information, including the schedule of public hearings, go to our Firewood and Invasive Insects page.
There will be a 60 day public comment period on this proposed regulation. Public comments should be mailed to:
Bruce Williamson
NYS DEC, Bureau of Private Land Services
625 Broadway
Albany, NY 12233-4253
Comments may also be e-mailed to: firewood@gw.dec.state.ny.us
6 NYCRR 192.5
Express Terms
A new section 192.5 is added to 6 NYCRR Part 192 to read as follows:
§192.5 Firewood Restrictions to Protect Forests from Invasive Species.
(a) Definitions. For the purposes of this section, these terms shall be defined as follows:
(1) "Department" shall mean the New York State Department of Environmental Conservation.
(2) "Dealer" shall mean any person or business, other than a firewood producer, that sells firewood.
(3) "Firewood" shall mean any kindling, logs, chunkwood, boards, timbers or other wood of any tree species cut and split, or not split, into a form and size appropriate for use as fuel.
(4) "Firewood producer" shall mean any person or business who processes kindling, logs, chunkwood, boards, timbers or other wood of any tree species into firewood for sale.
(5) "New York-Approved Treated Firewood / Pest-Free" shall mean a labeling standard for firewood that may be used by a firewood producer who complies with the provisions of subdivision (d) of this section.
(6) "New York-Sourced Firewood" shall mean a labeling standard for firewood used by a New York firewood producer who complies with the provisions of subdivision (e) of this section.
(7) "Person" shall mean an individual, organization, corporation or partnership, other than the department, public authority, county, town, village, city, municipal agency or public corporation.
(8) "Phytosanitary certificate" or "plant health certificate" shall mean an official document issued by a state or country from which firewood is being exported which certifies that the firewood meets the phytosanitary regulations of New York State.
(9) "Self-issued Certificate of Source" shall mean certification, on a form prescribed by the department, that is signed by a person who desires to move firewood, for personal use, from one location to another, within New York in compliance with the provisions of subdivision (f) of this section.
(10) "Source" shall mean the village, town or city, which the firewood producer declares as the source of the firewood. All trees or logs that are processed into firewood that is declared to be from the named source shall have been grown within 50 miles of the named source, prior to being obtained by the firewood producer.
(11) "Untreated Firewood" shall mean any firewood that has not been treated in accordance with the provisions of subdivision (d) of this section.
(12) "50 miles" shall mean a 50 mile linear distance determined by using the scale-bar on a New York State road map, atlas or gazetteer, from the point identified as the stated source of the firewood in question.
(b) Prohibition on Transport of Untreated Firewood into New York State.
No person shall transport, by any means, Untreated Firewood into New York State, for sale or use within the State from any location outside the State.
(c) Restrictions on Transport, Sale and/or Possession of Untreated Firewood within New York State.
(1) No person shall transport, sell or possess Untreated Firewood within the State unless its source is identified according to the criteria set forth in either subdivision (e) or (f) of this section.
(2) No person shall move Untreated Firewood produced, from trees that are grown in New York State, more than 50 miles from the source of the firewood.
(3) Dealers of New York-Sourced Firewood shall provide copies of the firewood source documentation, provided by the firewood producer, to all purchasers.
(4) Firewood producers shall maintain records of log or wood purchases or procurement to verify the sources of their firewood. Such records shall be made available for inspection by the department upon request.
(d) Standards for Treatment and Labeling.
(1) Firewood may be labeled "New York-Approved Treated Firewood / Pest-Free if accompanied by a Firewood producer's certification that it was heat treated to achieve a minimum wood core temperature of 71°C for a minimum of 75 minutes. Such treatment may employ kiln-drying or other treatments approved by the department that achieve this specification through use of steam, hot water, dry heat or other methods.
(2) A Firewood producer's certification shall indicate the producer's name, legal address and the village, town or city of the business on a label, bill of sale or lading, purchase receipt or invoice accompanying such firewood.
(3) Producers of "New York-Approved Treated Firewood / Pest-Free" firewood shall maintain, for at least one year from the date of treatment, records that document the treatment method and the volume of firewood treated, and shall also allow department officials to inspect such records and the facilities used to treat firewood upon request.
(4) Phytosanitary certificates from an out-of-state firewood producer's State Department of Agriculture or the United States Department of Agriculture Animal Plant Health Inspection Service (USDA APHIS) may be used to verify the treatment method and volumes of treated firewood that is produced out-of-state.
(e) "New York-Sourced Firewood" requirements.
(1) The "New York-Sourced Firewood" designation may be applied only to Untreated Firewood that has its source wholly within New York State, and is transported not more than 50 miles from the firewood producer's declared source of the firewood.
(2) Dealers of "New York-Sourced Firewood" shall provide to customers the name of the producer of the firewood, the producer's legal address and the source of the firewood, as provided by the firewood producer, on a label, bill of sale or lading, purchase receipt or invoice, attached to or accompanying such firewood they sell.
(f) Self-issued Certificate of Source.
(1) Persons who cut and transport Untreated Firewood for personal use must complete and possess a Self-Issued Certificate of Source from the department in accordance with this section.
(2) A Self-Issued Certificate of Source must specify the source of the firewood being cut and transported.
(3) Self-Issued Certificate of Source forms shall be available on the department's website, http://www.dec.state.ny.gov/, and at the department's regional offices.
(4) No person who cuts and/or transports firewood for personal use shall move such firewood more than 50 miles from its source unless it is treated in accordance with subdivision (d) of this section.
(5) Persons who cut firewood on their own property, for their own use on that same property, are exempt from the requirements of this subdivision.
State Lands
The proposed amendment to Part 190 will protect public safety, manage public use and protect natural resources on State lands. Following is the text of the proposed regulation.
Written comments for Part 190 will be accepted through July 5th 2008 and should be directed to:
David M. Forness
NYS DEC, Bureau of State Land Management
625 Broadway
Albany, NY 12233-4255
Telephone: (518) 402-9428 (for Part 190 only)
E-mail: lf190reg@gw.dec.state.ny.us
6 NYCRR Part 190 Express Terms
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:
| County | State Land | Water Body | East UTM | North Coordinate | USGS Quad |
|---|---|---|---|---|---|
| Region 3 | |||||
| Dutchess | West Mountain State Forest (SF) | Blackberry Pond | 614671 | 4608789 | Pawling, Dover Plains, Verbank & Poughquag |
| 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 Pond | 416026 | 4739101 | Tully |
| Tioga | Oakley Corners SF | Oakley Corners Pond | 404195 | 4669050 | Newark Valley |
| Tioga | Oakley Corners SF | Oakley CornersPond South | 404158 | 4668437 | Newark Valley |
| Tompkins & Cortland | Robinson Hollow SF | Tri-County Pond | 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 SF | 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.
Recently Adopted Regulations
Stewart State Forest
Stewart State Forest was formerly administered by the Department Of Transportation and designated as a Cooperative Hunting Area and was regulated by specific provisions in 6 NYCRR Part 92. These changes move a portion of the Part 92 regulations to Part 190, where a majority of the State Forest Regulations reside. Some of the former regulations were revised and some new provisions added, in response to public comments received through the Unit Management Plan process.
This regulation became effective October 22, 2008 and appeared in the State Register October 22, 2008.
Express Terms
Repeal Part 92 and add a new section 190.34 to Title 6 of NYCRR to read as follows:
§190.34 Stewart State Forest.
In addition to other applicable general provisions of this Part, the following requirements apply to Stewart State Forest. In the event of a conflict, these specific requirements will control.
(a) Description. For the purposes of this section, Stewart State Forest means all those state lands lying and situated in the Towns of New Windsor, Montgomery, Hamptonburgh and the Village of Maybrook in Orange County and consisting of the State-owned lands designated by the department as State Reforestation Area Orange #4, Stewart State Forest.
(b) No person shall operate or possess a mechanically propelled vessel other than an electric powered vessel on any water body on the property.
(c) No person shall possess or discharge a rifle or handgun on the property, with the exception of .22 caliber rimfire handguns.
(d) Camping is by permit only and limited to designated sites. The permit must be obtained prior to set-up. Camping is prohibited from the first day of the early bowhunting season in the Southern Zone to the last day of the late muzzleloading and bowhunting season in the Southern Zone.
(e) No person shall operate or possess a snowmobile 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 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".
(f) No person shall kindle, build, maintain or use a fire except by permit from the Department.
(g) No person shall operate a motor vehicle on the property, except:
(1) persons possessing a permit for such use from the Department; or
(2) licensed hunters and trappers entering the area between one hour before sunrise and one hour after sunset for the purpose of hunting or trapping from October 1 to December 31, except when unsafe conditions prohibit such access; or
(3) adults accompanying youth pheasant hunters participating in the statewide youth pheasant hunt.
(h) From October 1 to December 31:
(1) Any person hunting must park their motor vehicle in a designated parking area and only then if the parking quota for that parking area is not filled.
(2) Hunters shall hunt only on the same side of the road as their vehicles are parked.
(3) Crossing of roads while hunting is prohibited.
(4) No person shall hunt or trespass in areas posted as restricted areas, except as permitted by the Department.
(i) No person shall enter Stewart State Forest during the Regular Hunting Season for deer as provided by Environmental Conservation Law section 11-0907, except for licensed hunters and trappers for the purpose of hunting or trapping or by permit from the Department.
(j) No person shall enter Stewart State Forest during the first two days of the Regular Hunting Season for deer without obtaining a reservation from the Department prior to entrance.
