1. Statutory authority:

Environmental Conservation Law (“ECL”) section 1-0101(3)(b) directs the Department of Environmental Conservation (Department) to guarantee “that the widest range of beneficial uses of the environment is attained without risk to health or safety, unnecessary degradation or other undesirable or unintentional consequences.” ECL section 3-0301(1)(b) gives the Department the responsibility to “promote and coordinate management of...land resources to assure their protection, enhancement, provision, allocation, and balanced utilization...and take into account the cumulative impact upon all such resources in promulgating any rule or regulation.” ECL section 3-0301(1)(d) authorizes the Department to “provide for the care, custody and control of the Forest Preserve.” ECL section 9-0105(1) authorizes the Department to "[e]xercise care, custody, and control of the several preserves, parks and other state lands described in [Article 9 of the ECL],” which includes Forest Preserve lands. Article XIV, Section 1 of the New York State Constitution provides that the lands of the Forest Preserve “shall be forever kept as wild forest lands.” ECL section 3-0301(2)(m) authorizes the Department to adopt rules and regulations “as may be necessary, convenient or desirable to effectuate the purposes of [the ECL],” and ECL 9-0105(3) authorizes the Department to “[m]ake necessary rules and regulations to secure proper enforcement of [ECL Article 9].”

2. Legislative objectives:

Paragraph 1 of Section 3 of Article XIV of the New York State Constitution provides that “forest and wild life conservation are. . . policies of the State.” Article XIV, Section 1 of the New York State Constitution provides that the lands of the Forest Preserve “shall be forever kept as wild forest lands,” and ECL sections 3-0301(1)(b) and 9- 0105(1) give the Department jurisdiction to manage Forest Preserve lands. The Department is also authorized to promulgate rules and regulations for the use of such lands (see ECL sections 3-0301(2)(m) and 9-0105(3)). Consistent with this authority, the proposed regulations are crafted to protect natural resources and the health, safety and welfare of those who engage in recreational activities within the Peekamoose Valley Riparian Corridor of the Forest Preserve in the Catskill Park.

3. Needs and benefits:

The Peekamoose Valley Riparian Corridor is an area encompassing more than 270 acres of Forest Preserve lands straddling the upper Rondout Creek along Peekamoose Road (Ulster County 42) in the Town of Denning in Ulster County. The Valley is a remote area in the heart of the Catskill Park and New York City’s Catskill/Delaware watershed.

The Peekamoose Valley has been a popular public destination since the state began acquiring land in the Valley in the 1960’s. As early as 1971 the area had been discovered by more distant visitors, including those from urban areas to the south. Camping grew increasingly popular in this remote valley (several thousand people over the course of a typical summer), resulting in garbage and other unacceptable impacts. To address these impacts, the Department instituted a camping permit system and limited camping to designated primitive campsites.

Although in the past, public use of the valley has often been loud, occasionally unlawful, and near or above capacity, until recently most of the public use was concentrated in the Peekamoose primitive camping area. However, during the summer of 2015, day use of the area referred to as the “Blue Hole,” a large, deep and very cold swimming hole in the Rondout Creek immediately upstream of the primitive camping area, increased exponentially compared to previous years. This was due in part to coverage in social media, several websites, and national magazines touting the Blue Hole as “one of the best swimming holes in the nation.”

Due to this dramatic increase in public use, the natural resources of the area were rapidly becoming despoiled, fragile ecosystems were being degraded, and serious public health and safety issues arose. There have been numerous attempts to address problems associated with this overuse. In 2015, these included parking restrictions, weekly trash pick-up, hiring staff during week-ends and the promulgation of special regulations in 2016 which further restricted use of the area by prohibiting fires, portable generators, audio devices (except at designated campsites), glass containers, and put in place additional parking restrictions and public use restrictions on the corridor which prohibits use from ½ hour after sunset to ½ hour before sunrise.

In spite of these attempts to address the area’s problems, public use continues to exceed the area’s carrying capacity, resulting in unsanitary conditions, threats to water quality, trampled vegetation and a dramatic degradation of the wild character of the area. While some modest improvements were made in 2017, use and interest in the Blue Hole has continued to increase. It is the Department’s position that the only way to allow for continued public use while preserving natural resources and protecting public safety would be to establish a day use permitting system.

Establishing a day use permitting system would require visitors to obtain a permit to access the Blue Hole. This would allow the Department to limit the number of visitors in the area and strike a balance between allowing the public to enjoy the natural resource while reducing environmental damage and enhancing public safety.

To accomplish this, the Department needs to amend existing section 190.35, Peekamoose Riparian Corridor. This is necessary to provide the Department with the regulatory ability to control access to the site. The proposed regulation will clearly define an area around the Blue Hole where a permit is necessary. The regulation would require a permit for stream access from the Route 42 bridge over the Rondout Creek (at the Trailer Field) east to the Department property line, which encompasses a two-mile stretch of the Rondout Creek. A day use permit would not be required for the campsites or the Peekamoose-Table Trail. A permit will only be required on weekends and holidays from May 15th thru October 15th of each year.

The Department will make day use permits for the Blue Hole available on-line through our existing contract with Reserve America. Permits would be issued in the same way visitors make reservations for state campgrounds, however, day use permits for the Blue Hole would be issued at no cost to the user. Initially, the Department would limit the number of permits to 40 per day. Permits would be issued to individuals or groups of up to 6 people, resulting in a maximum of 240 people per day at the Blue Hole.

Outreach has been undertaken for this approach in meetings and interactions with local government officials, including the Town Supervisor, and in meetings with stakeholder organizations, including the Catskill Park Advisory Committee. The committee is made up of representatives of hiking, bicycling, camping, fishing and environmental organizations, as well as tourism agencies.

In addition, information regarding the content of the regulation and the public process associated with it will appear in a widely-distributed newspaper in the area. The regulation will appear in the New York State Register for a 60 day public comment period in addition to being posted on the Department’s website.

4. Costs:

No costs to the regulated community are anticipated to result from the adoption of the proposed regulations. The estimated cost associated with this rulemaking is $20,000 for administration of the day-use permit system, which will be paid for with revenue from the Department’s campground reservation fees. Permits will be issued at no cost to the user.

5. Local government mandates:

This proposal will not impose any program, service, duty or responsibility upon any county, city, town, village, school district or fire district.

6. Paperwork:

The proposed regulations will not impose any reporting requirements or other paperwork on any private or public entity.

7. Duplication:

There is no duplication, conflict, or overlap with state or federal regulations.

8. Alternatives:

The no-action alternative is not feasible since it does not adequately protect the Peekamoose Valley Riparian Corridor from overuse and abuse and does not protect the public health, safety and welfare of users. The existing generic 6 NYCRR Part 190 regulations for state lands are inadequate in protecting the Peekamoose Valley Riparian Corridor because of its unique characteristics, remote location and high level of public use.

Closing the area to public use is also not an acceptable alternative. Forest Preserve land is acquired for the use of and enjoyment by the public. ECL section 9-0301(1) provides that “all lands in the Catskill Park. . . shall be forever reserved and maintained for the free use of all the people. . .” The closure of Forest Preserve land to public use should not occur except when absolutely necessary to protect public health or the resource.

9. Federal standards:

There is no relevant federal standard governing the use of state lands.

10. Compliance schedule:

Once the regulations are adopted, they are effective immediately, and all persons will be expected to comply with them upon their effective date. The Department will educate the public about the regulations through information posted on the Departments’ web site, signage posted on the property, and by working with user groups and other stakeholders to help disseminate information regarding the regulations.

1. Effect of rule: The proposed regulation requires visitors to the Blue Hole in the Peekamoose Valley Riparian Corridor of the Catskill Park to obtain a day-use permit to enter the area on weekends and holidays from May 15th to October 15th of each year.

2. Compliance requirements: There are no compliance requirements for small businesses or local governments. Individuals will be required to obtain a permit online similar to the state’s campground reservation system. Visitors will be required to have the permit available to be provided upon request so that law enforcement and Department staff can assess compliance.

3. Professional services: There are no professional services that a small business or local government is likely to need to comply with the changes associated with this regulation.

4. Compliance costs: Persons who seek permits will not be charged a fee. The Department will assume administrative costs for the permit system which will come from Department revenue from its campground and reservation fees.

5. Economic and technological feasibility: The proposed rule does not require any specialized technology for compliance; and is otherwise both economically and technologically feasible to comply with.

6. Minimizing adverse impact: There are no adverse impacts to small businesses or local governments. The permit system is being put in place to address public safety issues and prevent further degradation to natural resources within the corridor. It will also reduce congestion on local highways.

7. Small business and local government participation: DEC has complied with the New York State Administrative Procedure Act (SAPA) section 202-b(6) by assuring that small businesses and local governments have been given an opportunity to participate in the rule making. This participation has occurred through meetings and interaction with local government officials, including the Town Supervisor, and in meetings with stakeholder organizations, including the Catskill Park Advisory Committee. The committee is made up of representatives of hiking, bicycling, camping, fishing and environmental organizations as well as tourism agencies.

In addition, information regarding the content of the regulation and the public process associated with it will appear in a widely-distributed newspaper in the area. The regulation will appear in the New York State Register for a 60 day public comment period in addition to being posted on the Department’s website.

Furthermore, the Department will be accepting public comments to the Notice of Proposed Rulemaking and will be providing responses to any comments that are received. The regulations will be available for review on the Department’s website.

8. Penalties for violations of NYCRR Part 190 are prescribed under Environmental Conservation Law Section 71-0703.1: “1. Except as otherwise provided in subdivision 4, 5, 6 or 7 of this section, any person who violates any provision of article 9 or the rules, regulations or orders promulgated pursuant thereto or the terms of any permit issued thereunder, or who fails to perform any duty imposed by any provision thereof shall be guilty of a violation, and, upon conviction, shall be punished by a fine of not more than two hundred fifty dollars, or by imprisonment for not more than fifteen days, or by both such fine and imprisonment, and in addition thereto shall be liable to a civil penalty of not less than ten nor more than one hundred dollars”. No changes or modifications are proposed.

Adoption of a new subdivision 190.35(i) to 6 NYCRR will address overuse and increase public safety on the Peekamoose Valley Riparian Corridor by implementing a permit system for week-ends and holidays from May 15th through October 15th while still providing a quality outdoor experience for users. A Rural Area Flexibility Analysis is not submitted with this proposal because the proposal will not impose any reporting, recordkeeping or other compliance requirements on rural areas. The proposed regulations relate solely to protecting public safety and natural resources on the Peekamoose Valley Riparian Corridor.

Adoption of a new section 190.35(i) to 6 NYCRR will address overuse and increase public safety on the Peekamoose Valley Riparian Corridor by implementing a permit system for week-ends and holidays from May 15th through October 15th while still providing a quality outdoor experience for users. A Job Impact Statement is not submitted with this proposal because the proposal will have no substantial adverse impact on existing or future jobs and employment opportunities. The proposed regulations relate solely to protecting public safety and natural resources on the Peekamoose Valley Riparian Corridor.