N.Y. Environmental Conservation Law § 44-0113: Powers and duties of the conservancy

§ 44-0113. Powers and duties of the conservancy.

The conservancy shall have the power:

1. To sue on causes of action consistent with the purposes and its

responsibilities under this article and with respect to contracts to

which it is a party, but not for general enforcement of state or local

environmental or planning laws, provided that the right to sue, other

than with respect to contracts, to which it is a party, shall be limited

to causes of action arising within the boundaries of the greenway; and

to be sued.

2. To make and execute contracts and all other instruments necessary

or convenient for the exercise of its powers and functions under this

article.

3. To establish and maintain such facilities as may be necessary for

the transacting of its business.

4. To appoint an executive officer, officers, agents, employees, and

prescribe their duties and qualifications and fix their compensation.

5. To utilize, to the extent feasible the staff and facilities of

existing state agencies.

6. To hold hearings in the exercise of its powers, functions and

duties provided for by this article.

7. To contract for professional and technical assistance and advice.

8. To 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 applicable general

policies of the director of the budget.

9. To encourage individuals, corporations, associations, organizations

and public agencies to preserve and enhance the natural scenic beauty

and heritage of the Hudson river valley and the lands, water, exemplary

natural communities, aesthetic and cultural resources of the Hudson

river valley, as well as manage and conserve the fish, wildlife and

endangered plant and animal species, and to increase public access to

the waters of the Hudson river.

10. To acquire, in the name of the state, interests or rights in real

property including title by gift or devise anywhere within the greenway,

or by purchase solely for the purposes of a riverside park or

development of the greenway trail, or by easement for the conservation,

management and preservation of open space characterized by natural

scenic beauty, heritage, natural resource values or conditions enhancing

regional qualities of the Hudson river valley provided, however, that

notwithstanding any other provision of law, transfers of such interests

or rights in real property may be made to municipalities or

not-for-profit corporations which contract to hold such property for the

beneficial enjoyment of the people of the state and in no event shall

such land be sold by any such municipality or not-for-profit corporation

except for purposes consistent with the beneficial enjoyment of the

people of the state. Additionally, notwithstanding this or any other

provision of law, neither the state, nor any of its instrumentalities,

may transfer, to the conservancy, any interests or rights in real

property upon which the state is making property tax payments or

payments in lieu of taxes, unless provision is made for the continuance

of such payments by the conservancy from monies available in the fund.

11. To continue the existing subsidiary nonprofit corporation and

create committees and appoint members thereto to assist and advise the

conservancy in carrying out its functions, powers and duties and in

coordinating the activities of the conservancy with state and local

agencies functioning within the Hudson river valley.

12. To intervene in proceedings before state agencies including the

department on matters affecting the Hudson river valley.

13. To encourage and assist in the creation of special local

improvement districts consistent with the purposes of this article.

14. To identify land and water areas in the Hudson river valley that

are suited for designation as scenic areas under the provisions of

article forty-nine of this chapter and for subsequent development of

resource management plans.

15. To provide technical assistance to county and local officials,

landowners and interested organizations with regard to resource

protection, conservation and management of renewable natural resources

and preservation methods and techniques, including but not limited to:

natural resource inventories, scenic and conservation easements, deed

restrictions, local land trust, innovative zoning techniques,

establishment of urban cultural parks, historic preservation methods and

viewshed analysis.

16. To encourage and assist state, county and local governments with

the implementation of procedures for identifying and designating

critical areas under the state environmental quality review act, and to

provide similar support for utilization of scenic impact project review

guidelines.

17. To help to advance, guide and coordinate on a priority basis the

acquisition of land and water areas possessed of scenic, natural,

historical, recreational or cultural significance, for the purpose of

preserving or enhancing such areas; and to do so in cooperation with

appropriate public and private agencies.

18. To initiate the preparation of comprehensive and systematic

inventories and studies of the natural, scenic, historic, cultural and

recreational resources of the Hudson river valley.

19. To provide local governments and the private sector with improved

liaison, interpretation and focus relative to a variety of state and

federal programs which bear on the Hudson river valley and its

shorelands, including coastal management; basin level B study; wild,

scenic and recreational rivers; urban cultural parks; fisheries

management; estuarine sanctuaries; areas of national concern; historic

preservation; tourism and outdoor recreation; and grants-in-aid.

20. To help develop and implement a comprehensive program and plan at

the state, county and local levels for resource preservation, renewable

natural resource management and enhancement in scenic highway corridors.

21. To annually prepare a work plan of intended projects and

activities of the conservancy and present such plan to the council for

its review and comment and report periodically to the governor, the

legislature and the council on the conduct of its activities, but not

less than once a year, and to provide a copy of each report to

appropriate public and private entities within the Hudson river valley

which request a copy of the report.

22. To exercise and perform such other powers and duties as shall have

been or may be from time to time conveyed or imposed by law.

23. To encourage individuals, corporations, associations and public

entities to protect and preserve unique resources of the greenway and

make grants to municipalities and non-profit entities within the

greenway therefor.

24. To whenever in the opinion of the conservancy it would be in the

public interest, after prior approval of the director of the budget,

request the temporary assignment and transfer of certain employees of

any board, commission, agency or department of the state or its

political subdivisions, and said board, commission, agency or

department, if in its opinion such transfer will not interfere with the

performance of its duties and functions may make such assignment and

transfer of said employees to the conservancy. Such assignment and

transfer or extension thereof shall not in any way affect the civil

service status, continuity of service, retirement plan status, right to

compensation, grade or compensation or other rights or privileges of any

employee so transferred.

25. To submit title to all interests or rights in real property

proposed to be acquired by the conservancy for examination and approval

by the attorney general of the state who shall also furnish any and all

necessary legal services and advice required to assist the conservancy

in accomplishing its corporate purposes.

26. When funds are available, and with the approval of the governor,

enter into an agreement with a municipality or district within which

real property interests or rights have been acquired by the conservancy

providing for the payment of moneys in lieu of anticipated tax revenues

whenever the conservancy shall determine that undue hardship justifying

such financial relief has been created by such acquisition.

27. To enforce that no officer, member or employee of the conservancy

shall receive or may be lawfully entitled to receive any pecuniary

profit from the operation thereof except, to the extent available from

the fund, for expenses actually and necessarily incurred, including

reasonable compensation to employees for services in effecting one or

more of the purposes set forth herein.

28. To continue to provide certain programmatic contractual services

to the department as has heretofore been the practice.

29. To jointly designate and develop model greenway projects in

agreement with the council to demonstrate the implementation of greenway

planning and make grants for assistance to municipalities and non-profit

entities within the greenway therefor.

30. To promote the greenway as a single, tourism destination site in

conjunction with the designation and development of the greenway trail.

31. To assist in the preservation of farmlands within the greenway for

continued agricultural use.

32. To take any actions necessary to carry out the functions, powers

and duties imposed by this article.

33. Notwithstanding any other section of law the conservancy shall not

have the power of eminent domain or to acquire property by eminent

domain.

34. Notwithstanding any other section of law, the conservancy may

exercise its powers within the county of New York only for the purposes

of designating, developing, or causing to be developed a trail pursuant

to section 44-0121 of this article. For the purposes of this

subdivision, "trail" means a linear corridor or pathway, walkway or

bikeway used solely for public transportation and recreation. The

council or the conservancy shall not develop, construct or caused to be

developed or constructed any landfill, pier or structure over water

located west of the existing bulkhead or shoreline; nor shall the

council or the conservancy develop, construct or cause to be developed

or constructed any commercial or residential uses on any trail developed

pursuant to this subdivision.