ACCESS RULES – General
606.25 Issuance of permits. (a) Permits and renewals thereof are hereby authorized to be issued granting access to and on the reservoir area. Such permits shall be of three general classes: noncommercial, commercial and special.
(b) An applicant for a commercial or a special permit must own private land fronting or adjoining the proposed permit area. This provision shall not apply to certain special permits, which the board may choose to issue to local government boards, religious, fraternal and charitable organizations or associations or similar organizations or associations. No permit shall be issued except to a person owning real property within the delineated area. Maps of the delineated area are on file in the Albany and Northville offices.
606.26 Applications for permits. Applications for all permits, renewals thereof, and all permits themselves, shall be made and granted upon forms therefor approved and adopted by the board. Applications for permit renewals must be filed by March 15th.
606.27 Contents of applications. Applications and permits shall set forth, sufficient for identification and location, the access area, and shall specifically set forth the existing and proposed structure or structures to be erected or placed on such access area.
606.28 Review of applications. Applications for permit and renewal thereof shall be submitted to the board for such action and determination thereon as in the judgment and discretion of the board may be deemed just and proper. No permit shall be granted, issued or renewed without the authority of the board.
606.29 Width of access area. The board reserves the right to determine the width of the access area to be granted.
606.30 Application of other laws, rules and regulations. The Public Health Law of the State, the rules and regulations of the State Department of Environmental Conservation, the laws, rules and regulations of local boards of health and local health authorities, the Environmental Conservation Law of the State, the rules and regulations of the Adirondack Park Agency, local zoning boards, and the rules and regulations of the board, together with any other rules and regulations or laws now in force or which may hereafter be adopted or enacted applicable to any permit, or renewal thereof, are hereby constituted part thereof, the same as if fully set out therein.
606.31 Acceptance and types of permit. (a) Each person to whom a permit or renewal thereof is granted shall execute thereon a written acceptance thereof and agree therein faithfully to comply with and be bound by the rules and regulations of the board and all the terms and conditions of the permit, set forth or referred to therein. Permits will not be required for occasional access to or use of the reservoir on areas not covered by permits. In such cases, these rules and regulations shall be fully complied with excepting as to the application for the issuance of permit and payment of charges or fees therefor. Also, occasional use is hereby restricted to daylight hours only.
(b) No noncommercial permit shall be granted, issued or renewed by the board to two or more individuals, except in cases where the individuals are all members of the same family or have joint ownership of a lot or a cottage, residing together, and provided further that only one lot or one cottage is involved.
(c) Any person who is engaged in a business on property adjoining the reservoir, or on property separated from the reservoir by a highway, who makes application for a permit shall be required to apply for a commercial permit.
606.32 Use of permits. (a) Noncommercial permits when granted and issued, or renewed, shall be for the use of permittees, their families and guests for access to the shoreline; any commercial use or transfer thereof is prohibited.
(b) Commercial permits when granted and issued, or renewed, shall be for the use of the permittees only; any transfer thereof is prohibited.
(c) The use of motorized vehicles is prohibited except for access to the shoreline.
606.33 Number of boats authorized. Noncommercial permits, when granted and issued, will authorize the use of not more than two boats.
606.34 When permits take effect. No permit or any renewal thereof shall become effective, nor shall any use be made or any privilege enjoyed thereunder, until the acceptance of the permit shall have been duly executed, and all fees and charges prescribed and required by this Part have been paid to the board or its duly authorized representative.
606.35 Acceptance of permit exempts State, district and board from liability. The granting and issuance of any permit or any renewal thereof is upon the express understanding, and its acceptance by any permittee is a covenant and part of the consideration therefor, that the permittee will save the State of New York, the district and board harmless from any and all damages of every kind and nature which may be caused to such permittee, or to any other person or persons, or to his or their property in connection with such permit or while on the access area granted therein, by reason of the maintenance, operation and regulation of said reservoir, or by reason of the use of the permit or of the access area, or by reason of the construction or use of any structure that may be erected thereon, or by reason of the use of said reservoir, its area or any part thereof, or by reason of the conduct and operation of any business by the permittee; and the permittee shall be liable to all persons for any and all damages to persons or property which may be caused, occasioned or brought about by any of the foregoing matters and things, and without any recourse therefor to the State of New York, the district or said board. Neither the State of New York, the district nor the board shall be liable in any respect by reason of the issuance of any permit, any use thereof, or any approval or direction given, or requirement prescribed in connection therewith.
606.36 Noninterference with reservoir operations. The granting and issuance of any permit, or any renewal thereof, shall in no wise prejudice or interfere with the rights of the board or the district to release water from, or impound or store water in, the reservoir, or to do any other act or acts in the operation, maintenance and regulation of said reservoir; all risks and hazards in respect thereto, as well as any resultant damage therefrom, shall be assumed by the permittee or any person or persons exercising the privileges of the permit, without any recourse to or right of action against the State of New York, the district or said board.
606.37 Rights and powers of district and board. The granting and issuance of any permit, or any renewal thereof, for access to and on the reservoir and its area, shall not constitute an exclusive right or privilege, but the same shall be subservient and subject to the rights and powers of the district and the board, their officers, representatives, agents and employees, to do and perform any act or acts in the operation, maintenance and regulation of said reservoir, and in the inspection, regulation and control of the access areas and the granting of other permits; the district and the board, their officers, agents and employees to have, at all times, absolute right of entry upon and over the access area for the purposes aforesaid; access areas shall be subject to right-of-way of other authorized permittees for necessary ingress and egress to other access areas by foot-pass.
606.38 Termination and renewal of permits. All permits shall terminate and be come ineffective on the 15th day of March of the following year for which the same are granted and issued, unless sooner revoked or abandoned.
606.39 Maintenance of area by permittee. Each permittee must keep and maintain the access area in clean and sanitary condition.
606.40 Rights of permittee. Any permittee shall have the right to keep the access area set forth in his permit free from parked cars, campers and other interference or disturbance, excepting as otherwise provided herein and excepting as provided in sections 606.36, 606.37 and 606.45 herein; provided, however, that any permittee exercising such right shall assume all risks and be liable for any and all damages or injuries to persons or property sustained thereby. Neither the State, the district nor the board shall be liable in any respect for any such damages or injuries.
606.41 Structures on access area. All structures to be erected or placed on the access area shall be approved as to design by the chief engineer or the assistant chief engineer of the board, and shall be located, erected, constructed and maintained in accordance with the directions and approval of said chief engineer or the assistant chief engineer; no other structure or structures shall be erected or placed on the access area.
606.42 Erection of signs. Such sign or signs as may be deemed necessary by the chief engineer or the assistant chief engineer of the board shall be erected, at the cost and expense of the permittee, on the access area, and the same shall be approved as to design, number, location, erection and construction by said chief engineer or the assistant chief engineer; at least one of said signs shall have placed thereon notice to all persons of the nonliability of the State, the district or the board for damages to person or property by reason of any use of the permit or the exercise of any privilege thereunder; no other sign or signs shall be erected or placed on the access area.
606.43 Cost and maintenance of structures. Any landing, dock, float, or other structure permitted to be erected or placed on the access area, shall be erected or placed and constructed at the cost of the permittee, and the same shall be kept and maintained in good condition and repair.
606.44 Placement of structures. Boats, floats, or any other movable structure, authorized by permit, shall not be anchored, placed or located in excess of 40 feet from the shore line, at any given time, of the reservoir immediately fronting the access area granted by the permit, or any renewal thereof, excepting as otherwise permitted by the board. Ice fishing “shacks” must be removed from the reservoir property by March 15th.
606.45 Removal of structures and other property. In case of revocation or abandonment of any permit, or renewal thereof, the permittee shall forthwith remove from the access area and the reservoir, all landings, docks, floats, boats and other structures, and all other property belonging to the permittee or any other person; failing in which the district, the board or their duly authorized representative may summarily, and without instituting any legal proceedings therefor, enter upon and remove the same from the reservoir access area and charge former permittee for all costs incurred therefrom.
606.46 Work projects on access areas. Permission to carry out a work project on any permit access areas of the regulating district’s property shall be requested on forms supplied by the district at any district office. No project shall be undertaken prior to the approval by the board or approval authorized by the board. This is in conformity with procedures which were adopted by the board after public hearings which the board deemed necessary to implement SEQR, pursuant to article 8 of the New York Environ. mental Conservation Law, for environmental quality review of actions which may have a significant effect on the environment, and article 15 of the New York State Environmental Conservation Law pertaining to dredging below the high-water mark.