N.Y. Environmental Conservation Law § 25-0301: Program and cooperative agreements for the protection of tidal wetlands

§ 25-0301. Program and cooperative agreements for the protection of

tidal wetlands.

1. Upon completion of the inventory with respect to tidal wetlands,

the commissioner shall confer with the local government officials

involved to establish a program for the protection of such tidal

wetlands.

2. The commissioner may enter into cooperative agreements with any

village, town, city or county, or with any one or more of them, for the

purpose of preserving, maintaining and enhancing, in accordance with the

policies of this act, those tidal wetlands included within the

boundaries of such villages, towns, cities and counties.

3. A cooperative agreement with any such village, town, city or county

may provide for the development by personnel and facilities of the

department of environmental conservation, or the payment out of funds

appropriated for the purpose, of the cost of preserving, maintaining or

enhancing such tidal wetlands in accordance with the policies of this

act, and for the furnishing of such personnel, facilities or funds as

may be agreed upon within the cooperative agreement.

4. The cooperative agreement shall provide that the tidal wetlands be

preserved and maintained in their natural or enhanced state, provided,

however, that a reservation in any such agreement by a village, town,

city or county of the right to operate or lease for operation shellfish

beds lying within the area, and a reservation of the income from such

operation or lease for the village, town, city or county shall be

allowed and not considered a violation of preservation and maintenance

of a natural state.

5. This section shall not prevent any tidal wetlands from being

designated as portions of the state's natural and historic preserves,

nor shall it prevent the dedication of any such lands as state parks.

The office of parks and recreation shall outline to the commissioner its

plans to preserve tidal wetlands in parklands as soon as practicable.