N.Y. Environmental Conservation Law § 9-0101: Definitions

§ 9-0101. Definitions.

The following words and phrases, when used in this article, unless

otherwise expressly stated, are defined as follows:

1. The "Adirondack park" shall include all lands located in the forest

preserve counties of the Adirondacks within the following described

boundaries, to wit: Beginning at the most southerly corner of lot 166 of

the John Glen and 44 Others Patent in the line between such patent and

the twenty-first allotment of the Kayaderosseras Patent; thence

northeasterly along the said line and along the southerly bounds of John

Glen and 44 Others Patent and of the Sanders Patent to the southeasterly

corner of the Sanders Patent; thence continuing northeasterly along the

division line between the twenty-second and twenty-fourth allotments of

the Kayaderosseras Patent to the southeasterly corner of the

twenty-fourth allotment of the Kayaderosseras Patent; thence northerly

along the division line between the twenty-fourth and the twenty-fifth

allotments of that patent to the northeasterly corner of the

twenty-fourth allotment; thence easterly along the north line of the

twenty-fifth allotment and the southerly lines of John Glen and 44

Others Patent, the Luzerne Tract and the Glen Patent to the

southeasterly corner of the Glen Patent; thence northerly along the

easterly lines of the Glen Patent and the Luzerne Tract to the

northwesterly corner of the Queensbury Patent; thence easterly along the

northerly bounds of the Queensbury Patent to the northeasterly corner

thereof; thence southerly along the easterly bounds of the Queensbury

Patent to the northwesterly corner of the Kingsbury Patent; thence

easterly along the northerly bounds of the Kingsbury Patent to the

southwesterly corner of the Artillery Patent; thence northerly along the

westerly line of the Artillery Patent to the northwesterly corner of the

Artillery Patent; thence easterly along the northerly bounds of the

Artillery Patent to the southwesterly corner of the town of Whitehall;

thence northerly along the westerly line of the town of Whitehall to the

southern boundary of the town of Dresden; thence in a general northerly

and easterly direction along the town line to the state boundary at the

outlet of South Bay; thence in a northerly direction along the state

boundary to the northeastern corner of the town of Peru in Clinton

county; thence in a westerly direction to the low water line of Valcour

Island; thence in a general northerly and westerly direction along the

northern shore of Valcour Island to the northern boundary of the town of

Peru; thence in a westerly direction along the northern boundary of the

town of Peru to the eastern edge of the Delaware and Hudson railroad

right-of-way; thence southerly along said eastern edge of the railroad

right-of-way to the intersection of said right-of-way with the eastern

edge of the right-of-way of U. S. Highway No. 9; thence in a general

southerly direction along the eastern edge of said highway right-of-way

to the southern boundary of the town of Peru; thence westerly along the

southern boundary of the town of Peru to the western boundary of Platt's

Great Location; thence northerly to the northeastern corner of lot 4 of

Tharp's Tract; thence westerly along the northern line of lots 4, 7, 14,

17 and 24; thence northerly along the westerly line of Tharp's Tract to

the northern boundary of the town of Peru; thence westerly along the

town of Peru boundary to the southwestern corner of lot 30 of

Livingston's Patent in the town of Saranac; thence in a northerly

direction along the western line of lots 30, 29, 28, 27 and 26 to the

northern line of Livingston's Patent; thence easterly to the

southwestern corner of lot 12 of Canada and Nova Scotia Refugee Tract in

the town of Saranac; thence northerly along the western line of lot 12

to the southwestern corner of lot 11; thence easterly along the northern

line of lot 12 to the eastern boundary of the town of Saranac; thence

northerly along the eastern boundary of the town of Saranac to the

southern boundary of the town of Dannemora; thence easterly along the

southern boundary of the town of Dannemora to the southeastern corner of

said town; thence northerly along the eastern boundary of the town of

Dannemora to the northeastern corner of said town; thence northerly

along the eastern line of lots 22 to 15 inclusive of Duer's Patent in

the town of Altona to the northeastern corner of lot 15; thence westerly

along the northern line of lots 15 and 14 of Duer's Patent to the

southwestern corner of lot 160 of the Canada and Nova Scotia Refugee

Tract in the town of Altona; thence northerly along the western line of

lots 160 and 161 to the northwest corner of lot 161; thence in a

westerly direction along the northern line of lots 163 and 186 to the

northwestern corner of lot 186; thence southerly along the western line

of lot 186 to the northeastern corner of lot 188; thence westerly along

the northern boundary of lot 188 to the eastern line of the B. Wallace

Patent; thence southerly and westerly along the B. Wallace Patent

boundary to the eastern boundary of the town of Ellenburg; thence

northerly along the town of Ellenburg line to the northeastern corner of

lot 1 of the Hannah Murray Allotment; thence westerly along the northern

boundary of lots 1 to 30 inclusive to the northeastern corner of lot 1,

Township 8, Old Military Tract on the county line between Clinton and

Franklin counties; thence along the northern line of Township 8 to the

western boundary of the town of Bellmont; thence southerly along the

town of Bellmont boundary to the southwestern corner of lot 80, Township

8 of the Old Military Tract; thence easterly along the southern line of

lots 80 and 79 to the southeastern corner of lot 79; thence southerly

along the westerly line of lots 88 and 98 to the line between townships

8 and 9 of the Old Military Tract; thence westerly to the southwesterly

corner of township 8, said tract; thence northerly along the line

between the towns of Bellmont and Duane to the northeasterly corner of

the town of Duane; thence westerly along the southerly bounds of the

towns of Malone, Brandon and Dickinson and the northerly bounds of

Duane, Santa Clara and Waverly to the easterly bounds of great tract 2,

Macomb's Purchase, and the line between Franklin and St. Lawrence

counties; thence northerly along said county line to the northeasterly

corner of township number 15 Macomb's Purchase, great tract 2; thence

westerly along the northerly line of said township to the easterly line

of township number 14 in said great tract; thence southerly along the

line between townships 14 and 15 to the northeasterly corner of lot

number 2 in said township number 14; thence westerly along the northerly

bounds of lots 2, one, 32, 31, 14 and 13 of township 14 and of lots 47

and 39 of township 13, said great tract, to the northwesterly corner of

lot number 39; thence southerly along the westerly bounds of lots 39,

38, and 37 in township 13 to the northerly line of township number 11 in

great tract number 2; thence westerly along the northerly line of

township 11 to the northwesterly corner thereof and the northeasterly

corner of the town of Colton; thence southerly along the westerly line

of township 11 and the line between the towns of Colton and Parishville

to the southwesterly corner of lot number 31 in township number 11;

thence westerly along the northerly lines of lots 42, 41, 40, 39, 38 and

37 of township 10, great tract 2, to the westerly line of township 10;

thence southerly along the westerly line of township 10 to the

northeasterly corner of township 6, Macomb's Purchase, great tract

number 3, and the northeasterly corner of the town of Clare; thence

westerly along the northerly line of township number 6 and of the town

of Clare to the northwesterly corners thereof; thence southerly along

the westerly lines of township number 6 and of township number 10 in the

great tract and along the line between the towns of Clare and Russell to

the northeasterly corner of the town of Fine; thence westerly along the

northerly bounds of the town of Fine to the northwesterly corner

thereof; thence southerly along the line between the town of Fine and

the towns of Edwards and Pitcairn to the northeasterly corner of lot

number 90 in township 11, Macomb's Purchase, great tract number 3;

thence westerly along the northerly line of lots 90, 89, 88, 87, 86, 85,

84, 83, and 24 of township 11 to the northwesterly corner of lot number

24; thence southerly along the westerly lines of lots 24, 99, 102, 119

and 123 to the southwesterly corner of lot number 123 in the northerly

line of lot number 140 in township 11; thence westerly along the

northerly line of lot number 140 to the line between the counties of St.

Lawrence and Lewis; thence southeasterly along the county line to the

most northerly corner of lot number one, Macomb's Purchase, great tract

4 in the town of Diana; thence southwesterly along the northwesterly

line of lots one, 2 and 3 in the great tract and town to the most

westerly corner of lot number 3; thence southeasterly along the

southerly lines of lots 3, 9 and 14 to the most northerly corner of lot

number 16; thence southwesterly along the northwesterly line of lot

number 16 to the northerly bounds of great tract 5, Macomb's Purchase,

and the line between the towns of Diana and Croghan; thence easterly

along said line to the northwesterly corner of lot number 24, range 11,

Macomb's Purchase, great tract 5, Chassanis Tract; thence southerly

along the line between ranges 10 and 11 of said great tract to the most

southerly corner of lot number 13 in range 11 of said tract, and the

northerly line of Watson's West Triangle in the line between the towns

of Croghan and Watson; thence southwesterly along the said town line and

along the northwesterly bounds of Watson's West Triangle and the

northerly line of lots 292 and 302 of Watson's West Triangle to the

westerly line of lot number 302, Watson's West Triangle; thence

southerly along the westerly lines of lots 302, 301, 300, 299, 298, 297,

296, 295, 294 and 293 to the line between the towns of Watson and Greig

and the northerly line of the Brantingham Tract; thence westerly along

the northerly bounds to the northwesterly corner of lot number 7 in said

tract; thence southerly along the westerly lines of lots 7, 25, 43, 61,

79, 97, 115, 133, 151, 169, and 187; thence westerly along the northern

line of lots 204 and 203 to the midpoint of the northern line of lot

203; thence southerly to the midpoint of the southern line of lot 203;

thence easterly along the southern line of lots 203 and 204 to the

southeastern corner of lot 204; thence southerly along the westerly line

of lots 223, 241, 259, 276, 293, 309, 325 and 340 to the southwesterly

corner of lot number 340 in the Brantingham Tract; thence easterly along

the southerly lines of lots 340, 341, 342, 343, 344, 345 and 346 to the

southeasterly corner of lot 346 and the westerly line of lot number 347;

thence southerly along the westerly line of lot 347 to the line between

the counties of Oneida and Lewis and in the north line of the Seymour

Tract in Adgates Eastern Tract; thence southwesterly along the

northwesterly line of the Adgates Eastern Tract to the westerly line of

said tract; thence southerly along the westerly line and along the line

between the towns of Boonville and Forestport to the southwesterly

corner of said Adgates Eastern Tract; thence easterly along the line

between Adgates Eastern Tract and the Woodhull Tract to the line between

the counties of Oneida and Herkimer; thence southerly along the said

county line to the northeastern corner of lot 8 of the Woodhull Tract;

thence westerly along the northern line of lot 8; thence southerly along

the western line of lot 8, thence easterly along the southern line of

lot 8 to the county line; thence southerly along the county line; thence

southerly to the northern line of the Remsenburg Patent; thence

southwesterly along the northern line of lot 8; thence southerly along

the western line of lot 8 to the midpoint of said line; thence

northeasterly along the southern boundary of state land in lot 8 to the

county line; thence southerly along the county line to the northern line

of lot 84 of the Remsenburg Patent; thence southwesterly along the

northern line of lot 84, thence southerly along the western line of lot

84 to the northern boundary of the Walker Tract; thence northeasterly

along this boundary to the county line; thence southerly along the said

county line to its intersection with the southerly line of the

Jerseyfield Patent; thence southeasterly along the southerly line of the

Jerseyfield Patent to the northwestern corner of lot 142 of the Fourth

Allotment of the royal grant in the town of Salisbury; thence southerly,

easterly and northerly along the boundaries of the forest preserve land

in lot 142 to the southerly line of the Jerseyfield Patent; thence

southeasterly along the southerly line of the Jerseyfield Patent to the

line between the counties of Herkimer and Fulton; thence southerly along

the county line to the southwesterly corner of Lott and Low's Patent;

thence southeasterly along the southerly line of said Lott and Low's

Patent to the southeasterly corner thereof; thence northerly along the

line between said Lott and Low's Patent and the Kingsborough Patent to

the division line between the towns of Johnstown and Caroga; thence

northeasterly along the line between the towns of Caroga and Johnstown

to the southeasterly corner of the town of Caroga; thence northerly

along said town line to the southerly line of the Mayfield Patent;

thence easterly along the southerly line of the Mayfield Patent to the

southeasterly corner thereof and the westerly line of the Sacandaga

Patent; thence southeasterly along the southwesterly lines of lots 41

and 28 in said patent to the most southerly corner of lot 28 and the

westerly line of John Glen and 44 Others Patent; thence northerly,

southeasterly and northeasterly along the line between the Sacandaga and

the said John Glen and 44 Others Patent to the northwesterly corner of

lot 161 of John Glen and 44 Others Patent; thence southeasterly along

the southwesterly line of lots 161 and 166 of said patent to the place

of beginning.

2. The "Catskill park" shall include all lands located in the counties

of Greene, Delaware, Ulster and Sullivan within the following described

boundaries, to wit: Beginning in Ulster county at the intersection of

the easterly line of the Hardenburgh Patent with the southerly bounds of

the Rondout Reservoir; thence running southwesterly along the easterly

line of Great Lot 4 of the Hardenburgh Patent to the southeasterly

corner of lot one of the East Allotment, east division of Great Lot 4;

thence northwesterly along the southerly bounds of lots one, 7, 8, 14,

17, 22, 26, 33, 37 and 46 of said East Allotment, east division of Great

Lot 4 and along the southerly bounds of lots 67, 49, 48, 47, 46, 45, 44,

43, 42 and 41 of the Middle Allotment, east division of Great Lot 4 to

the center of the Neversink creek; thence northerly along the center of

the Neversink creek to the southeasterly corner of lot 37 of the West

Allotment, east division of Great Lot 4; thence northwesterly along the

southerly bounds of lots 37, 27, 22, 11 and 6 of said West Allotment,

east division of Great Lot 4 to a point in the easterly line of the town

of Rockland in Sullivan county; thence southerly along the easterly line

of the town of Rockland in Sullivan county to the northeasterly corner

of the town of Liberty; thence northwesterly along the northerly line of

the town of Liberty in Sullivan county to the southwesterly corner of

lot 120 of the East Allotment, middle division of Great Lot 4; thence

northwesterly along the southerly bounds of lots 119 and 118 of the East

Allotment, middle division of Great Lot 4 to a point in the center of

the Willowemoc creek; thence westerly down the center of the Willowemoc

creek to its confluence with the Beaver Kill; thence northwesterly down

the center of said Beaver Kill to the southwesterly line of the town of

Colchester in Delaware county; thence northwesterly along said

southwesterly line of the town of Colchester in Delaware county to the

westerly bank of the east branch of the Delaware river; thence along the

westerly bank of the said east branch of the Delaware river and the

westerly bounds of the Pepacton reservoir to its intersection with the

mouth of the Bush Kill at or near the village of Arkville; thence up

along the center of said Bush Kill to the New York Central Railroad;

thence along the said New York Central Railroad easterly to the line

between the counties of Delaware and Ulster; thence northeasterly along

that line to the southerly line of Greene county; thence northwesterly

along the southerly line of Greene county to the southwesterly corner of

Great Lot No. 21, Hardenburgh Patent; thence northeasterly along the

westerly line of said Great Lot No. 21, Hardenburgh Patent to the south

bank of the Batavia Kill; thence along the southerly bank of the Batavia

Kill easterly to the west line of the State Land Tract; thence

northerly, easterly and southerly along the line of the said State Land

Tract to the line of the Hardenburgh Patent; thence easterly and

southerly along the general easterly line of the Hardenburgh Patent to

the southwest corner of the town of Saugerties in Ulster county; thence

easterly along the southerly line of the town of Saugerties to the

westerly bounds of the New York State Thruway; thence southerly along

the westerly bounds of the said New York State Thruway to the northerly

bounds of the Esopus creek; thence in a general westerly direction up

and along the northerly bounds of said Esopus creek to its intersection

with the southwesterly line of the town of Ulster; thence northwesterly

to the southwest corner of the Hurley Patentee Woods Allotment; thence

in a general southwesterly direction along the southeasterly line of the

Hurley Patentee Woods Allotment to the northerly line of the town of

Marbletown; thence northwesterly along said northerly line of the town

of Marbletown to the town of Olive; thence southwesterly along the line

between the towns of Olive and Marbletown to the line of the town of

Rochester; thence northwesterly along the line between the towns of

Olive and Rochester to the point where the Mettacahonts creek crosses

the same flowing easterly; thence southwesterly parallel with the

northwesterly line of the town of Rochester to the southerly bounds of

the Rondout creek; thence westerly along the southerly bounds of the

Rondout creek and the southerly bounds of the Rondout Reservoir to the

easterly line of the Hardenburgh Patent, the point or place of

beginning.

3. A "fire patrolman" shall be an able-bodied person whose duty is to

patrol a given portion of railroad right of way for the purpose of

detecting promptly any fires which may be caused by the operation of the

railroad, or other fires which may occur upon such portion of the

railroad right of way, and secure their extinguishment.

4. A "forest fire" is a fire which is burning forest or wood lands, or

which, if permitted to extend, would burn forest or upon forest lands.

5. "Forest land" includes not only lands which may be covered with

tree growth but also lands which are best adapted to forests.

6. The "forest preserve" shall include the lands owned or hereafter

acquired by the state within the county of Clinton, except the towns of

Altona and Dannemora, and the counties of Delaware, Essex, Franklin,

Fulton, Hamilton, Herkimer, Lewis, Oneida, Saratoga, Saint Lawrence,

Warren, Washington, Greene, Ulster and Sullivan, except:

a. Lands within the limits of any village or city;

b. Lands not wild lands and not situated within either the Adirondack

park or the Catskill park acquired by the state on foreclosure of

mortgages made to loan commissioners; and

c. Lands acquired under the provisions of sections 9-0107 and 9-0501.

7. "Person" means any individual, firm, co-partnership, association or

corporation, other than the state or a public corporation, as the latter

is defined in subdivision 1 of section 3 of the General Corporation Law.

8. "Railroad" or "railroad company" includes all common or contract

carriers or other transportation facilities operating on rails.

9. "Railroad right of way" is the land adjacent to the tracks of a

railroad and shall be construed to be 50 feet in width on each side of

the center of the track but if the company owns a lesser width it shall

include the entire width owned by it.