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This entry was published on 2014-09-22
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SECTION 11-2111
Posting; service of notice
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 11, TITLE 21
§ 11-2111. Posting; service of notice.

1. An area protected pursuant to this title and title nineteen of this
article shall be posted with signs not less than eleven inches by eleven
inches, bearing a conspicuous statement as described in subdivision 2 of
this section which shall cover a space of not less than eighty square
inches. Such signs shall be posted not more than six hundred sixty feet
apart, close to and along the boundaries of the area protected. At least
one sign shall be posted on each side of the protected area and on each
side of each corner of the protected area, provided the corner can be
reasonably ascertained. Illegible or torn-down signs shall be replaced
at least once a year. Replacement of notices on state game refuges shall
be made in March, July, August or September.

2. Signs shall bear the name and address of the owner, lawful
occupant, or other person or organization authorized to post the
protected area. Signs shall bear a conspicuous statement which shall
either (a) consist of the word "posted", or (b) warn against entry for
specified purposes or all purposes without the consent of the person or
organization authorized to post the protected area. A statement
consisting of the word "Posted" shall have the effect of a warning
against all such acts. The department may by regulation authorize
additional contents of such signs, including but not limited to symbols
indicating the acts which are prohibited.

3. Signs to prohibit the taking of fish may be posted by the
department up to one thousand feet from a fishway or dam erected by the
state in public waters, and shall read substantially: "All persons are
prohibited by law from fishing in this stream between this point and the
fishway (or dam)."

4. Personal service upon any person, in the name of the owner, lawful
occupant, or other person or organization authorized to post signs as
provided in this section, of a notice in writing containing a
description of the premises and a warning provided by this section for a
posted sign, shall, after the service, have the same effect with respect
to the person served as if the premises described in the notice were
posted with such warning as provided in this section.

5. Private lands constituting the bed, banks and shores of waters
stocked with fish by the department, with the consent of the owner of
such lands, shall not be posted against public fishing within five years
from the date of such stocking, except where an alternate arrangement
has been agreed to in writing by the department. Owner shall mean, for
purposes of this subdivision, the owner, lawful occupant, or other
person or organization having authority to post such lands.

6. The provisions of this section shall not apply to the posting or
erection of notices identifying a restricted area pursuant to section
11-0321.