N.Y. Environmental Conservation Law § 15-2703: Definitions

§ 15-2703. Definitions.

Except as otherwise required by the context, the following terms when

used in this act shall be construed as follows:

1. "Agency" means the Adirondack park agency as created by chapter

seven hundred and six of the laws of nineteen hundred seventy-one, and

whose functions, powers and duties are provided for in article

twenty-seven of the executive law.

2. "Commissioner" means the commissioner of environmental

conservation, his successors in office and any agency which may succeed

to the duties of such office.

3. "Development" means any activity which materially affects the

existing condition, use or appearance of any land, structure or

improvement including the actual or effective division or proposed

division of land into lots, parcels or sites whether contiguous or not,

for the purpose of sale, lease, license or any form of separate

ownership or occupancy as part of a common scheme or plan, (including

any grading, road construction, installation of utilities or other

improvements or any other development preparatory or incidental to any

such division) by any person or by any other person controlled by, under

common control with or controlling such person or by any group of

persons acting in concert as part of a common scheme or plan but shall

not include the division of any land resulting from bona fide devise,

inheritance, gift or the lease of land for hunting and fishing.

4. "Forest Management" means forestry practices, including harvesting

of a forest woodland or plantation, the construction, alteration or

maintenance of wood roads, skidways, landings and fences and related

research and educational activities.

5. "Free flowing" means existing or flowing in natural condition

without impoundment, diversion, straightening, riprapping, or other

modification of the waterway, except for stream improvement structures

for fisheries management purposes expressly authorized in section

15-2709 of this chapter.

6. "Improvement" means any change in or addition to land, including

but not limited to grading, filling, excavating or adding banks, fences,

dikes, ditches, pipelines, poles, electrical conduits, roads, streets,

curbs, gutters, sidewalks, driveways, parking lots or spaces.

7. "Motor vehicle" means a device for transporting personnel or

material, incorporating a motor or an engine 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 water.

8. "Person" means any individual, corporation, partnership, joint

venture, association, organization, government or any agency or

political subdivision thereof, or any other entity.

9. "River" means a flowing body of water or a section, portion or

tributary thereof, including rivers, streams, creeks, runs, kills,

rills, branches, or lakes. "River area" means the term river and the

land area in its immediate environs as established by the commissioner

or the agency, but not exceeding a width of one-half mile from each bank

thereof.

10. "Road" means any highway, hard-surfaced road, improved or dirt

road.

11. "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.

12. "Structure" means any object constructed, installed or parked on

land to facilitate land use, such as buildings, mobile homes, sheds,

signs, tanks, outdoor lighting and any fixtures, additions and

alterations thereto and trailers, travel trailers, campers, or tents

constructed, installed, or parked on land for other than a temporary

period or for a purpose other than transient occupancy and any fixtures,

additions or alterations thereto.

13. "System" means the rivers designated as wild, scenic and

recreational rivers in this part.