N.Y. Environmental Conservation Law § 43-0107: Powers

§ 43-0107. Powers.

The commission shall have power to:

1. Sue and be sued.

2. Make and execute contracts and all other instruments necessary or

convenient for the exercise of its powers and functions under this

article.

3. Establish and maintain such facilities as may be necessary for the

transacting of its business.

4. Utilize, to the extent feasible, the staff and facilities of

existing state agencies, pursuant to an allocation to be made by the

director of the budget.

5. Hold hearings and subpoena witnesses in the exercise of its powers,

functions and duties provided for by this article.

6. Contract for professional and technical assistance and advice.

7. Contract for and to accept assistance, including but not limited to

gifts, grants or loans of funds or of property from the federal

government or any agency or instrumentality thereof, or from any agency

or instrumentality of the state, or from any other public or private

source and to comply, subject to the provisions of this article, with

the terms and conditions thereof, subject to the approval of the

director of the budget.

8. Adopt, amend and repeal, after public hearing according to the

provisions of the state administrative procedure act (except in the case

of rules and regulations that related to the organization or internal

management of the agency), such rules and regulations, consistent with

this article, as it deems necessary to administer this article, and to

do any and all things necessary or convenient to carry out the purpose

and policies of this article and to exercise all powers granted by law.

9. Adopt, amend and repeal, after public hearing according to the

provisions of the state administrative procedure act, rules and

regulations relating to tree-cutting within the park; provided, however,

that nothing herein shall prevent a municipality from adopting a law,

code, ordinance or regulation which is more stringent than such rules

and regulations adopted by the commission.

10. Encourage individuals, corporations, associations and

organizations to acquire real property or interests or rights in real

property for the preservation of open space characterized by natural

scenic beauty or conditions enhancing parkwide qualities, and to

preserve such lands or interests or rights in real property through the

establishment of land trusts and other lawful means for protecting and

preserving such lands.

11. Encourage and assist in the creation of special local improvement

districts for purposes including control of storm water runoff problems

and the acquisition of significant environmental areas, including

wetlands, to control such problems.

12. Study, monitor and inspect for pollution from any source within

the park and to enforce the provisions of this article and any

regulations promulgated pursuant thereto, cooperate with, aid and assist

municipalities and state agencies in enforcing the laws affecting or

applying to Lake George and the area lying within the park and undertake

projects to abate pollution and preserve water quality.

13. Take into consideration the cumulative impact upon all of the

resources of the park in making any determination or taking actions

pursuant to the powers of this article.

14. Intervene in proceedings before state agencies including the

department and the Adirondack park agency on matters affecting the park.

15. Encourage individuals, corporations, associations, and

organizations to preserve and enhance the natural scenic beauty of Lake

George and lands within the Lake George park.

16. Adopt, sponsor, and encourage the use of forms of deeds,

agreements, covenants, and other legal documents by means of which

owners of real property within the Lake George park may voluntarily

prohibit, restrict, and control the use thereof for commercial purposes.

17. Encourage owners of real property within the Lake George park by

written instruments to prohibit, restrict, or control voluntarily the

use of such real property for commercial purposes.

18. Acquire interests or rights in real property within the Lake

George park for the purpose of prohibiting, restricting, or controlling

the use of such real property for commercial purposes.

19. Establish rules, regulations, and procedures by or pursuant to

which the commission may authorize or permit a necessary or desirable

use of land or prevent unnecessary hardship in an individual or

particular instance by altering or modifying in whole or in part any

restriction contained in any conveyance to or agreement with the

commission or which the commission has power to alter or modify.

20. Encourage, cooperate with, aid, and assist municipalities lying

wholly or partly within the Lake George park in the preparation and

adoption of zoning laws or ordinances and other local legislation

prohibiting, restricting, regulating, or controlling the uses of real

property for commercial purposes within the Lake George park.

21. Make maps and plans for proposed or permanent zones.

22. Establish as a proposed zone any area of land, exclusive of state

or municipally owned land, lying within the Lake George park.

23. Alter, reduce, or extend any such proposed zone.

24. Establish as a permanent zone any area of land, exclusive of state

or municipally owned land, lying within the Lake George park in which

the use of all real property for commercial purposes is (a) prohibited,

or (b) restricted or controlled.

25. Alter or extend a permanent zone under the procedure applicable to

the original establishment of a permanent zone.

26. Enter upon any land, water, or premises within the Lake George

park at reasonable times for the purpose of making surveys.

27. Cooperate with, aid, and assist municipalities and law enforcement

agencies in enforcing laws affecting or applying to Lake George and the

area lying within the Lake George park.

28. In cooperation with existing law enforcement agencies, arrange for

the appointment of patrolmen who, within the Lake George park, shall

have the powers set forth in section 71-0202 of this chapter in respect

to the enforcement of all laws and local ordinances or laws pertaining

to Lake George or the Lake George park. Pursuant to this subdivision,

members and employees of the commission may be appointed patrolmen but

if appointed shall serve without compensation. Such patrolmen shall have

the right to use sirens, display flags, or other identifying insignia

and wear badges while engaged in law enforcement activities within the

Lake George park.

29. Promote the study of the history, historical significance, natural

science, and lore of Lake George and the area within the Lake George

park and in cooperation with the Education Department to preserve the

historical relics found in or near Lake George.

30. Encourage individuals, corporations, associations, organizations,

and municipalities to protect and preserve the purity of the waters of

Lake George.

31. Establish advisory committees and enlist and accept the support

and cooperation of organizations of property owners or others interested

in promoting the purposes and objectives of this article.

32. Do all things necessary or convenient to carry out the powers

expressly granted by this article.