Redefines "campground" for the purposes of the Adirondack park and regulation by the Adirondack park agency; defines such term as a parcel of land with 5 or more campsites, including buildings and accessory structures; provides that recreational vehicles may be kept at a campground or campsite, with the consent of the owner of the campground, during periods of time when they are not in use, so long as they are not used in a manner which violates the campground permit.
TITLE OF BILL: An act to amend the executive law, in relation to the definition of a campground within the Adirondack park
PURPOSE: To provide a more accurate definition of a campground and to permit recreational vehicles to remain on campgrounds and on campsites in such campgrounds during those times that they are not occupied.
SUMMARY OF PROVISIONS:
Section 1- Amends subdivision 10 of section 802 of the executive law redefining campground as a tract or parcel of land, including principal buildings and accessory structures, where five or more campsites are made available for temporary or seasonal overnight occupancy. Nothing in this article shall require the removal of a recreational vehicle that remains on a campground or a campsite in such campground, with the consent of the owner of the campground during those periods of time that it is not occupied, provided that it is not use in a manner that violates the terms and conditions of the permit issued to the campground by the state or a county department of health.
Section 2- Amends section 802 of the executive law to define recreational vehicle as a vehicular camping unit primarily designed as temporary living quarters for recreational, camping, travel or seasonal use that has its own motive power or is mounted on or towed by another vehicle.
Section 3- Contains the effective date.
JUSTIFICATION: There are 133 privately owned campgrounds in the Adirondack Park. Historically, these campgrounds (with very few exceptions) have derived most (and, in some instances, all) of their revenues from "seasonal campers" (i.e., campers who enter into agreements with campgrounds that allow them to occupy a campsite for an entire season and to leave their recreational vehicles on the campsite on a permanent basis).
On numerous occasions during the past several years, the Adirondack Park Agency has attempted to enact or enforce regulation that would require that these seasonal campers to remove their recreational vehicles from the campgrounds after a certain number of days (usually 120 days).
Enforcement of such practice would result in the financial ruin of most campgrounds within the Adirondack Park. This, in turn, would impose a severe hardship upon those rural communities that rely heavily upon the tourism dollars generated by these campgrounds. It would also deprive thousands of New Yorkers of modest means with an opportunity to experience one of New York's greatest treasures.
LEGISLATIVE HISTORY: 2011-12: S. 345 Passed Senate; A. 151 Referred to Environmental Conservation 2009-10: S. 322 Finance: A. 447 Environmental Conservation 2008: S. 3660-A Finance; A. 10609 Environmental Conservation
FISCAL IMPLICATIONS: None to the state
EFFECTIVE DATE: This act shall take effect immediately
STATE OF NEW YORK ________________________________________________________________________ 1010 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to the definition of a campground within the Adirondack park THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 10 of section 802 of the executive law, as amended by chapter 348 of the laws of 1973, is amended to read as follows: 10. "Campground" means
[any area designed for transient occupancy by camping in tents, camp trailers, travel trailers, motor homes or similar facility designed for temporary shelter]A TRACT OR PARCEL OF LAND, INCLUDING PRINCIPAL BUILDINGS AND ACCESSORY STRUCTURES, WHERE FIVE OR MORE CAMPSITES ARE MADE AVAILABLE FOR TEMPORARY OR SEASONAL OVERNIGHT OCCUPANCY. NOTHING IN THIS ARTICLE SHALL REQUIRE THE REMOVAL OF A RECRE- ATIONAL VEHICLE THAT REMAINS ON A CAMPGROUND OR A CAMPSITE IN SUCH CAMP- GROUND, WITH THE CONSENT OF THE OWNER OF THE CAMPGROUND DURING THOSE PERIODS OF TIME THAT IT IS NOT OCCUPIED, PROVIDED THAT IT IS NOT USED IN A MANNER THAT VIOLATES THE TERMS AND CONDITIONS OF THE PERMIT ISSUED TO THE CAMPGROUND BY THE STATE OR A COUNTY DEPARTMENT OF HEALTH. S 2. Section 802 of the executive law is amended by adding a new subdivision 55-a to read as follows: 55-A. "RECREATIONAL VEHICLE" MEANS A VEHICULAR CAMPING UNIT PRIMARILY DESIGNED AS TEMPORARY LIVING QUARTERS FOR RECREATIONAL, CAMPING, TRAVEL OR SEASONAL USE THAT HAS ITS OWN MOTIVE POWER OR IS MOUNTED ON OR TOWED BY ANOTHER VEHICLE. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01139-01-3