N.Y.
Environmental Conservation Law Section 11-0321
“Restricted areas”
- additional enforcement on private premises
1.
Without limitation of the purpose and policy described in section 11-0303, or of the powers conferred in other sections, the department is authorized:a.
to adopt by regulation, classifications of “restricted areas” lying within the boundaries of premises, or of two or more sets of contiguous premises, privately owned and with respect to which a cooperation agreement pursuant to section 11-0501 is in force, or owned by the state or a political subdivision or public corporation thereof, in which hunting, fishing or trapping, or any of them, shall be, as provided by such regulation with respect to the classification in question, prohibited, or shall be restricted or regulated as to the manner, time or conditions applicable to the exercise in such “restricted areas” of the privilege of entry upon such premises for purposes of hunting, fishing or trapping;b.
to adopt regulations with respect to the manner in which, and the conditions upon which, such “restricted areas” shall be recognized, including obligations to be undertaken by the owner or lessee of the premises for the furtherance of sound management practices and public access for hunting, fishing or trapping, to premises outside the “restricted area”, identification and notice to the public of the boundaries of the “restricted area”, and the manner in which, and the grounds upon which, the recognition of a “restricted area” may be revoked or its classification changed;c.
to adopt regulations with respect to prohibitions applicable to each classification of a “restricted area”;2.
Such restricted areas may be established pursuant to this section and regulations may be made with respect to the use of such areas for one or more of the following purposes:a.
providing safety zones in and around buildings;b.
providing safety zones deemed necessary for temporary periods of time for the protection of life or property during farm and woodlot operations;c.
protecting agricultural or forest crops from trampling or other damage during critical growth periods;d.
development or carrying out of a program of research in game management in connection with which the department deems it desirable to control the hunting, fishing or trapping pressures or to put into effect special regulations authorized by section 11-0311 or by any other provision of the Fish and Wildlife Law;e.
protecting the water supply or otherwise providing for the protection of the health of the people of the state;f.
such other purposes relating to farm operation, woodlot development, fish and wildlife habitat improvement or public health and safety which in the opinion of the department require special restrictions on the use of particular premises.3.
No person shall charge or collect a fee or rental for the privilege of hunting, fishing or trapping in a restricted area established under the authority of this section.4.
a. Notwithstanding the provisions of section 11-2111, a restricted area shall be deemed to be in existence and subject to the regulations established pursuant to this section with respect to restricted areas of the classification to which it is assigned, when signs identifying its existence shall have been erected on the premises in such manner as may be required by the regulations of the department applicable thereto, made as prescribed in paragraph b of subdivision 1 of this section.b.
No person shall enter or remain unlawfully or engage in any activity upon land which has been posted pursuant to such regulations in violation of the terms of such posted signs.c.
No unauthorized person shall injure, conceal, deface or remove a sign erected and maintained in accordance with such regulations.d.
The requirements of posting provided in section 11-2111 shall not be applicable to the erection of signs identifying a restricted area.e.
Restricted areas may be established notwithstanding that the lands or waters or part of them, included within said restricted area may have been stocked with fish and game by the state.f.
The existence of the restricted area shall terminate in such manner as may be provided by regulations of the department.5.
The department is further authorized, at the discretion of the commissioner, to exercise all of the powers and authority set forth in this section, in relation to premises with respect to which agreements are in effect between the owner of such premises and the Agricultural Stabilization and Conservation Service of the United States Department of Agriculture and such agreements provide for such regulations, whether or not such premises are the subject of an agreement pursuant to section 11-0501. Payments to such landowners by the United States Department of Agriculture under such agreements shall not constitute a fee or rental within the meaning of subdivision 3 of this section.
Source:
Section 11-0321 — "Restricted areas"; additional enforcement on private premises, https://www.nysenate.gov/legislation/laws/ENV/11-0321 (updated Sep. 22, 2014; accessed Apr. 27, 2024).
