Title 9 Part 372

Except where authorized by a contract, license or other agreement with the office entered into pursuant to section 3.09 of the Parks, Recreation and Historic Preservation Law, any person engaging in the activities listed in section 372.7 of this Part on property under the jurisdiction, custody or control of the office must obtain a permit issued by the commissioner and comply with the terms thereof and any other conditions contained in this Part.

The office may reject a permit application for the following reasons:

An applicant may appeal a denial of a permit application by writing the Commissioner of Parks, Recreation and Historic Preservation, Agency Building 1, Empire State Plaza, Albany, NY 12238.

The following activities shall require a permit:

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.

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.

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.

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.

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.

Camping at authorized sites, cabins or other structures.

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.

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.

The use or operation of toy or model rockets or aircraft.

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

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.

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.

Except for hunting permitted under subdivision (q) of this section, permits shall be subject to the following conditions:

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).

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.