§ 15-2703 — Definitions

§ 15-2703. Definitions.\n Except as otherwise required by the context, the following terms when\nused in this act shall be construed as follows:\n 1. "Agency" means the Adirondack park agency as created by chapter\nseven hundred and six of the laws of nineteen hundred seventy-one, and\nwhose functions, powers and duties are provided for in article\ntwenty-seven of the executive law.\n 2. "Commissioner" means the commissioner of environmental\nconservation, his successors in office and any agency which may succeed\nto the duties of such office.\n 3. "Development" means any activity which materially affects the\nexisting condition, use or appearance of any land, structure or\nimprovement including the actual or effective division or proposed\ndivision of land into lots, parcels or sites whether contiguous or not,\nfor the purpose of sale, lease, license or any form of separate\nownership or occupancy as part of a common scheme or plan, (including\nany grading, road construction, installation of utilities or other\nimprovements or any other development preparatory or incidental to any\nsuch division) by any person or by any other person controlled by, under\ncommon control with or controlling such person or by any group of\npersons acting in concert as part of a common scheme or plan but shall\nnot include the division of any land resulting from bona fide devise,\ninheritance, gift or the lease of land for hunting and fishing.\n 4. "Forest Management" means forestry practices, including harvesting\nof a forest woodland or plantation, the construction, alteration or\nmaintenance of wood roads, skidways, landings and fences and related\nresearch and educational activities.\n 5. "Free flowing" means existing or flowing in natural condition\nwithout impoundment, diversion, straightening, riprapping, or other\nmodification of the waterway, except for stream improvement structures\nfor fisheries management purposes expressly authorized in section\n15-2709 of this chapter.\n 6. "Improvement" means any change in or addition to land, including\nbut not limited to grading, filling, excavating or adding banks, fences,\ndikes, ditches, pipelines, poles, electrical conduits, roads, streets,\ncurbs, gutters, sidewalks, driveways, parking lots or spaces.\n 7. "Motor vehicle" means a device for transporting personnel or\nmaterial, incorporating a motor or an engine of any type for propulsion\nand with wheels, tracks, skids, skis, air cushion or other contrivance\nfor traveling on, or adjacent to land and water or through water.\n 8. "Person" means any individual, corporation, partnership, joint\nventure, association, organization, government or any agency or\npolitical subdivision thereof, or any other entity.\n 9. "River" means a flowing body of water or a section, portion or\ntributary thereof, including rivers, streams, creeks, runs, kills,\nrills, branches, or lakes. "River area" means the term river and the\nland area in its immediate environs as established by the commissioner\nor the agency, but not exceeding a width of one-half mile from each bank\nthereof.\n 10. "Road" means any highway, hard-surfaced road, improved or dirt\nroad.\n 11. "Stream improvement structures for fishery management purposes"\nmeans structures and improvements, including but not limited to, fish\nbarrier dams, fish passage structures, minor diking, cribbing, bank\nstabilization and stream deflectors and other structures or improvements\ndesigned solely for fishery management purposes which do not materially\nalter the natural character of the waterway.\n 12. "Structure" means any object constructed, installed or parked on\nland to facilitate land use, such as buildings, mobile homes, sheds,\nsigns, tanks, outdoor lighting and any fixtures, additions and\nalterations thereto and trailers, travel trailers, campers, or tents\nconstructed, installed, or parked on land for other than a temporary\nperiod or for a purpose other than transient occupancy and any fixtures,\nadditions or alterations thereto.\n 13. "System" means the rivers designated as wild, scenic and\nrecreational rivers in this part.\n