N.Y. Environmental Conservation Law § 46-0107: Albany Pine Bush preserve

§ 46-0107. Albany Pine Bush preserve.

The commissioner shall maintain a record of the boundaries of the

lands which have been dedicated to the Albany Pine Bush preserve in text

and depicted on a map.

1. Land owned by the state may be dedicated to be part of the preserve

only by action by the commissioner, the commissioner of the state office

of parks, recreation and historic preservation or the commissioner of

the state office of general services, provided that state land dedicated

hereunder may also be dedicated to be part of the state nature and

historical preserve pursuant to article forty-five of this chapter.

2. Land owned by a local government may be dedicated to be part of the

preserve only by action of its local legislative body.

3. Land owned by private persons or organizations may be dedicated to

be part of the preserve only through the voluntary execution of a

conservation easement pursuant to article forty-nine of this chapter,

and the acceptance of such instrument by the commission; provided,

however, that the commission shall not have the power or authority,

without the consent of the landowner, to require as a condition of or a

prerequisite for obtaining any permit, license or other authorization to

conduct any activity within or adjacent to the preserve, that any lands

be dedicated to the preserve.

4. Every proposed dedication shall be reviewed and approved by the

commission.

5. The commission shall have no authority to control or manage any

private land unless such land has been dedicated pursuant to this

section or the owner thereof has executed a voluntary written agreement

with the commission authorizing the specific management actions which

may be taken by the commission.

6. Land owned by the commission shall be dedicated to be part of the

preserve upon acquisition by the commission.