N.Y. Environmental Conservation Law § 49-0303: Definitions

§ 49-0303. Definitions.

When used in this title:

1. "Conservation easement" means an easement, covenant, restriction or

other interest in real property, created under and subject to the

provisions of this title which limits or restricts development,

management or use of such real property for the purpose of preserving or

maintaining the scenic, open, historic, archaeological, architectural,

or natural condition, character, significance or amenities of the real

property in a manner consistent with the public policy and purpose set

forth in section 49-0301 of this title, provided that no such easement

shall be acquired or held by the state which is subject to the

provisions of article fourteen of the constitution.

2. "Not-for-profit conservation organization" means a not-for-profit

corporation organized inter alia for the conservation or preservation of

real property and which has the power to acquire interests in real

property. Such organization must have qualified as exempt for federal

tax purposes pursuant to Section 501 (c)(3) of the internal revenue code

or any similar successor statutory provision.

3. "Public body" means the state or a municipal corporation as that

term is defined in section two of the general municipal law or the

United States of America acting by and through the department of the

interior. Such term shall further include the Palisades interstate park

commission; the Central Pine Barrens joint planning and policy

commission; and a soil and water conservation district as that term is

defined in section three of the soil and water conservation districts

law.

4. "Third party enforcement right" means a right which may be granted

in a conservation easement which empowers a public body or a

not-for-profit conservation organization which is not a holder of the

easement to enforce any of the terms of the easement.