N.Y. Environmental Conservation Law § 58-0503: Programs, plans and projects

§ 58-0503. Programs, plans and projects.

1. Eligible open space working lands conservation and recreation

projects include, but are not limited to:

a. costs associated with open space land conservation projects;

b. costs associated with purchasing conservation easements to protect

farmland pursuant to article twenty-five-aaa of the agriculture and

markets law; and

c. costs associated with recreational infrastructure projects.

2. The department or the office of parks, recreation and historic

preservation are authorized to undertake open space land conservation

projects, in cooperation with willing sellers pursuant to subdivision

one of this section and may enter into an agreement for purchase of real

property or conservation easements on real property by a municipality or

a not-for-profit corporation. Any such agreement shall contain such

provisions as shall be necessary to ensure that the purchase is

consistent with, and in furtherance of, this title and shall be subject

to the approval of the comptroller and, as to form, the attorney

general. In undertaking such projects, such commissioners shall consider

the state land acquisition plan prepared pursuant to section 49-0207 of

this chapter. Further, the department or the office of parks, recreation

and historic preservation are authorized to provide state assistance

payments to municipalities for eligible projects consistent with

paragraphs a and c of subdivision one of this section.

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

the cost of preparing a management plan for the preservation and

beneficial public enjoyment of the land acquired pursuant to this

section except where such a management plan already exists for the

acquired land.

4. The department and the department of agriculture and markets are

authorized to provide, pursuant to paragraph b of subdivision one of

this section, farmland preservation implementation grants to county

agricultural and farmland protection boards pursuant to article

twenty-five-aaa of the agriculture and markets law, or to

municipalities, soil and water conservation districts or not-for-profit

corporations for implementation of projects.

5. The department is authorized to expend moneys to purchase

equipment, devices, and other necessary materials and to acquire fee

title or conservation easements in lands for monitoring, restoration,

recovery, or reintroduction projects for species listed as endangered or

threatened or listed as a species of special concern pursuant to section

11-0535 of this chapter.

6. The department or the office of parks, recreation and historic

preservation are authorized to expend moneys for the planning, design,

and construction of projects to develop and improve parks, campgrounds,

nature centers, fish hatcheries, and other recreational facilities.

7. The commissioner and a not-for-profit corporation may enter into a

contract for the undertaking by the not-for-profit corporation of an

open space land acquisition project.

8. Real property acquired, developed, improved, restored or

rehabilitated by or through a municipality pursuant to paragraph a of

subdivision one of this section or undertaken by or on behalf of a

municipality with funds made available pursuant to this title shall not

be sold, leased, exchanged, donated or otherwise disposed of or used for

other than public park purposes without the express authority of an act

of the legislature, which shall provide for the substitution of other

lands of equal environmental value and fair market value and reasonably

equivalent usefulness and location to those to be discontinued, sold or

disposed of, and such other requirements as shall be approved by the

commissioner.

9. Provided that for the purposes of selecting projects for funding

under paragraphs a and b of subdivision one of this section, the

relevant agencies shall develop eligibility guidelines and post

information on the department's website in the environmental notice

bulletin providing for a thirty day public comment period and upon

adoption post such eligibility guidelines on the relevant agency's

website.