N.Y. Comp. Codes R. & Regs. tit. 9 § 372.7

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

Section 372.7 - Activities requiring a permit

The following activities shall require a permit:

(a) Fireworks and explosives. The introduction, possession or use of fireworks, gun powder, powder used in blasting, high explosives, blasting materials, detonating fuses, detonators and other detonating agents, smokeless powder or any chemical compound or any mechanical mixture containing any oxidizing and combustible units, or other ingredients in such proportions, quantities, or packing that ignition by fire, friction, concussion, percussion or detonation of any part thereof may cause an explosion.

(b) Commercial activities. The selling or offering for sale, hire or lease of any merchandise, service or other thing of value; the taking of moving pictures or photographs for commercial or publicity purposes or the purchasing or selling of negatives thereof or prints therefrom or the exhibition of same in public.

(c) Public exhibitions, etc. The holding of any lecture or any form of entertainment, performance, motion picture, contest or other such event for commercial purposes and the distribution or posting of handbills or advertisements in connection therewith, or the erection of any structure, stand or platform in connection therewith.

(d) Charter excursions. The receiving or discharge of passengers from or upon any wharf, dock or other property by a vessel or aircraft which carries such passenger for hire other than in an emergency.

(e) Aviation. The voluntary introduction, launch, takeoff or landing or any aircraft, parachute, hang glider, ultra-light, balloon or other weight-carrying machine or device designed for flight in or navigation of the air other than in an emergency.

(f) Advertising.

(1) The posting or distributing of advertising matter or the oral advertising for sale of any merchandise, article, service or other thing of value, or soliciting in connection with the sale of the same outside a park.

(2) The use of an aircraft for the purpose of advertising by means of towing banners, signs or other devices, dropping or distributing advertising materials or advertising through a loud speaker or other device.

(g) Camping. Camping at authorized sites, cabins or other structures.

(1) No picnic table, garbage receptacle, woodpile and other equipment supplied by the office shall be placed at any location other than those approved by an officer or employee of the office.

(2) No laundry shall be hung or spread on trees, shrubs or lawns.

(3) No campsite or cabin shall be sublet.

(4) Campsites shall be kept in a neat, clean and sanitary condition.

(5) No person shall wash dishes, clothes or his person at a water fountain or other outlet.

(6) Camping trailers and self-contained campers shall provide suitable receptacles to prevent the discharge of waste from sink outlets onto real property.

(7) Ditching around tents is prohibited in grassed areas. Ditching is permitted in graveled areas, provided that such ditches are filled in upon vacating the site.

(8) No person under the age of 18 will be permitted to camp unless accompanied and supervised by a person 18 years of age or older who has been issued a permit; provided, however, that at such facilities as may be designated by the commissioner, no camping permit will be issued to any person under the age of 21.

(9) No person shall make any structural change or alteration in any campsite or cabin.

(10) Failure to occupy a reserved site at the time specified in the permit may result in the cancellation of such permit without refund.

(11) No person shall occupy a site after the time specified in the permit or renewal thereof.

(12) No person shall attach a rope, line or other device to a tree, shrub or structure.

(13) All temporary mirrors used for extra trailering safety shall be removed immediately after unhooking trailers at campsites.

(14) Campers shall respect the rights and privacy of others and shall maintain quiet on the campsite between the hours of 10 p.m. and 7 a.m.

(15) Campsites shall be closed to all persons who are not registered as occupants thereof between the hours of 10 p.m. and 7 a.m.

(16) Upon discovering that an occupant of a campsite or cabin is registered as a Level 2 or Level 3 sex offender under article 6-C of the Correction Law, the office is authorized to direct such occupant to leave the campground and may revoke the camping permit for the campsite or cabin.

(17) Pets. The regulations governing pets at authorized camping sites, cabins, or other structures are set forth in section 377.2 of this Subtitle I.

(h) Outing buses. The use and operation of outing or recreational buses for the purpose of transporting persons to and from property under the jurisdiction of the office for a recreational experience. This provision shall not apply to the use of such vehicles on a parkway.

(i) Public omnibuses. Public omnibuses having a seating capacity of more than 12 passengers. Any applicant for such a permit shall also have the rates of fares approved by the commissioner and both the permit and rates must be clearly displayed on the omnibus. This provision shall not apply to the use of such vehicles on a parkway.

(j) Toy or model rockets or aircraft. The use or operation of toy or model rockets or aircraft.

(k) Research and educational projects. The conducting of a research or educational project including, but not limited to, the collection and possession of specimens.

(l) Picnics and outings.

(1) The conducting of a picnic or outing by a group or organization in excess of 25 persons, including educational field trips.

(2) Notwithstanding paragraph (1) of this subdivision, in the ninth park region a permit shall be required for a picnic or outing conducted by a group or organization in excess of 50 persons.

(m) Within the ninth park region only, the use and operation of four-wheel drive vehicles in designated areas off the improved portion of a park road, notwithstanding the provisions of section 378.1(e) of this Title.

(n) Archaeological excavations. The exploration for and excavation and gathering of archaeological or paleontological objects. Permits shall be subject to the approval of the New York State Education Department.

(o) Metal detectors. The use or operation of a metal detector or other mechanical device to locate buried or concealed metal. Permits shall be granted for use of metal detectors in designated areas only.

(p) The use or possession of any bows and arrows or muzzle-loading weapons. Except for hunting permitted under subdivision (q), permits shall be subject to the following conditions:

(1) The use of bows and arrows shall be restricted to areas specifi- cally designated for that purpose and conducted under the direction of a qualified supervisor.

(2) The use of muzzle-loading weapons shall be limited to demonstrations and interpretive programming conducted by staff members at State historic sites and to special events sponsored by the office, such as the reenacting of Revolutionary or Civil War battles. The weapons shall be loaded with blanks only.

(q) Hunting. The killing, wounding, hunting, molesting, taking, removing, or possession of any nest, game, wildlife, shellfish, crustacean, protected insects, or the eggs of any of the above, on or from any lands under the jurisdiction of the office, except pursuant to a permit issued by the region (Regional Permit).

(1) Regional Permits may include but not be limited to the following conditions: the areas designated for hunting; the species to be hunted; the implements to be used for hunting; and the dates and hours during which hunting is permitted.

(2) Except as otherwise provided in this Part and Regional Permit conditions, the provisions of the Environmental Conservation Law and its implementing regulations in relation to hunting, including those relating to open seasons, hunting hours, manner of taking, use of firearms, tagging, and transportation, shall apply in the areas designated for hunting.

(3) The erection of permanent hunting blinds is prohibited. Regional permits may include a provision allowing a temporary hunting blind.

(4) The erection of permanent tree stands is prohibited. Portable tree stands may be allowed by regional permit provided that they do not dam- age any trees. Cutting, placing nails or screws into, or otherwise damaging trees or other vegetation is prohibited.

(5) No person shall hunt in an area of a park that is posted or otherwise identified as a "Restricted Area."

(6) A regional permit shall be valid only for the period for which it is issued, shall not be transferred, and may be revoked at any time.

(7) Hunters shall provide a report of their take when requested by the region.

(r) Trapping. The trapping of any game or wildlife on or from any lands under the jurisdiction of the office. The Commissioner may issue a permit or authorize the region to issue a permit for trapping if the Office has determined that the population of a specific species has increased to the extent that it may damage vegetation, constitute a hazard to the general public, threaten a state-listed species, or damage buildings or infrastructure.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 372.7

Amended New York State Register May 11, 2016/Volume XXXVIII, Issue 19, eff.5/11/2016

Amended New York State Register March 6, 2019/Volume XLI, Issue 10, eff. 3/6/2019