N.Y. Environmental Conservation Law § 46-0109: Powers and duties of the commission

§ 46-0109. Powers and duties of the commission.

The commission shall have the power:

1. To sue and be sued.

2. To make by-laws for the management and regulation of its affairs.

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

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

article.

4. To appoint an executive officer, officers, agents and 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 and local agencies, pursuant to an allocation to be made

by the state division of the budget or the chief executive officer of

the local government as applicable.

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

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

to gifts, grants, easements or loans of funds or real property or

personal 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 division of the budget.

Notwithstanding the provision of section eleven of the state finance

law, the commission may accept gifts, grants, devises and bequests,

whether conditional or unconditional, with the approval of the director

of the budget.

8. To conduct scientific and environmental studies.

9. Notwithstanding the provisions of section 9-1105 of this chapter or

any other provision of law, to take, or cause to be taken, necessary and

appropriate fire management actions to protect the flora and fauna of

the preserve provided that:

(i) such actions have been approved in writing by the commissioner and

are pursuant to a written plan for the conduct of the requested burn,

which plan shall include provisions for limiting the area to be burned

and restricting the burn to that area, as well as emergency suppression

procedures; and

(ii) no burning shall be conducted until the chief or other official

in charge of the fire department or company within whose territorial

jurisdiction the proposed burn is located has been given the opportunity

to review and comment on the written plan and the fire department or

company dispatcher has been notified of the actual date and time and

estimated duration of such action; and

(iii) no burning shall be prescribed within seventy-five feet of

privately owned land within or adjacent to the preserve which has not

been dedicated to the preserve, except upon the approval of such

adjacent landowner.

10. To construct, or cause to have constructed, necessary facilities

including paths and trails, an environmental education center and

related parking areas on no more than five percent of the preserve.

11. To conduct environmental education programs.

12. To facilitate and provide passive recreational activities

including hiking, nature study and photography.

13. To control access and use of the preserve as is necessary and

appropriate to maintain the ecological community of the preserve

including establishment of an admission control system by permit on

either a group or individual.

14. To review and approve proposed dedications to the preserve and

recommend additions to the preserve.

15. To advise and assist state agencies, municipalities and private

property owners whose land adjoins the preserve on land use and

management techniques that are compatible with the land management needs

of the preserve.

16. To encourage individuals, corporations, associations and public

entities to protect and preserve the unique resources of the preserve.

17. To prepare an annual report on the conduct of its activities which

shall include a recommended budget for the next year.

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

been or may be from time to time conferred by law.

19. To acquire real property as may be necessary for the purposes and

functions of the commission. Such real property may be acquired in the

name of the commission by purchase, exchange, gift, devise, bequest, or

by other legal means.