N.Y. Environmental Conservation Law § 54-0303: Open space land conservation projects

§ 54-0303. Open space land conservation projects.

1. The commissioner and the commissioner of the office of parks,

recreation and historic preservation are authorized to undertake open

space land conservation projects.

2. a. The commissioner of the office of parks, recreation and historic

preservation may enter into an agreement for the maintenance and

operation of open space land conservation projects in urban areas or

metropolitan park projects by a municipality, or a not-for-profit

corporation or unincorporated association which demonstrates to the

commissioner's satisfaction that the future physical climate risk due to

sea level rise, and/or storm surges and/or flooding, based on available

data predicting the likelihood of future extreme weather events,

including hazard risk analysis data if applicable, has been considered

and the municipality, not-for-profit corporation or unincorporated

association is financially or otherwise capable of operating and

maintaining the project for the benefit of the public and of maximizing

public access to such project. Any such agreement shall contain such

provisions as shall be necessary to ensure that its operation and

maintenance are consistent with and in furtherance of this article and

shall be subject to the approval of the director of the budget, the

comptroller and, as to form, the attorney general.

b. The commissioner, pursuant to appropriation therefor and in order

to further the purposes of article forty-six of this chapter, may make

available to the Albany Pine Bush preserve commission, established by

article forty-six of this chapter, moneys for the operation of such

commission, including the management of lands under the jurisdiction of

such commission in accordance with a management plan prepared as

specified in section 46-0111 of this chapter.

3. The cost of an open space land conservation project shall include

the cost of preparation of a management plan for the preservation and

beneficial enjoyment of the land acquired except where such

considerations have already been undertaken as part of an existing plan

applicable to the newly acquired land.

4. To the fullest extent practicable, it is the policy of the state to

promote an equitable regional distribution of open space land

conservation funds, consistent with the purpose of this title, taking

into account regional differences in real property values, ecological

resources and recreational opportunities.

5. No project, which was not listed on the state land acquisition plan

as of the effective date of this title, shall be proposed for

acquisition by the state under this title, pursuant to the state land

acquisition plan, if any town, village or city within which such a

project is located, by resolution, within ninety days of notification by

the state of its interest in acquiring such project, objects to such

acquisition. Such objection shall be transmitted to the commissioner

through the regional land acquisition advisory committee and shall

prevent the state from undertaking such acquisition.

6. No monies shall be expended for acquisition by eminent domain of

any open space land conservation project except in accordance with the

state land acquisition policy set forth in section 49-0203 of this

chapter.

7. No monies shall be expended for open space land conservation

projects except pursuant to an appropriation therefor.