Senate Bill S1078

                                BILL NUMBER:S1078

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