Uncommon Prep NY Licensed guide examinations
Lessons / Rules on State Land / Working commercially on public land

Rules on State Land · 6 min

Working commercially on public land

Why this matters

The guide licence authorises you to guide. It does not authorise every commercial use of State land, and the difference matters when your operation grows past one guide and a day pack.

By the end of this lesson you will be able to

Temporary Revocable Permits

DEC issues Temporary Revocable Permits (TRPs) under its ONR-3 policy for temporary use of State land and conservation easement land. They are discretionary, limited to activities with negligible or no permanent environmental impact, and they carry a liability insurance requirement.

Ordinary guiding, a licensed guide walking or paddling with clients on land that is open to the public, does not require a TRP. The question arises when your use goes beyond ordinary public recreation: an organised event, a base camp, a structure, a commercial installation, vehicle access beyond what the public has, or an activity a land manager treats as an exclusive use. Regional Lands and Forests staff are the people who decide, and asking costs nothing.

The permissions that stack

PermissionWho issues itWhen you need it
Guide licenceDEC Special Licenses UnitAlways, for the six activities
Camping permitRegional Forest Ranger4+ nights one location, or 10+ people
Sporting licenceDECGuiding hunting or fishing (and your clients need theirs)
Temporary Revocable PermitRegional Lands and ForestsCommercial use beyond ordinary recreation
Landowner permissionThe landownerAny private land, whether or not it is posted
Boat registration and inspectionDMV, and launch stewardsMotorised craft, and any launch with an inspection requirement

Private land

New York's trespass rules do not require land to be posted before entry is unlawful; posting matters to certain penalties, not to whether you had permission. A guide crossing private ground on a route that "everybody uses" is exposing a client to a charge and the landowner relationship to a grievance that will outlast the trip. Get written permission for any private crossing you use routinely, and carry it.

Conservation easement tracts deserve the same care in reverse: the public has real rights there, but only the rights the State bought. Camping, campfires, motor vehicle access and hunting are commonly limited or seasonal.

Insurance, which is not a regulation

Nothing in Part 197 requires a guide to carry liability insurance. A TRP does, most landowners will, and every outfitter that subcontracts to you will. Not being legally required is a poor reason to guide uninsured, and the exam's silence on the subject is not the state's endorsement.

From the field

You want to run a two-day paddling clinic with a shore-side instruction area, a shuttle and eight participants on a State-owned pond. The guiding part is covered by your licence. The organised clinic, the fixed base and the vehicle shuttle are the part to raise with the regional Lands and Forests office before you advertise it.

This lesson is part of the NYS Licensed Guide Exam course. Open it in the course to answer the retrieval checks that go with it, track what you have read, and quiz the whole unit. Lessons, quizzes and the glossary are free.