N.Y. Environmental Conservation Law § 9-0109: Acquisition of lands within the Adirondack or Catskill parks

§ 9-0109. Acquisition of lands within the Adirondack or Catskill parks.

1. Unless deemed necessary for the conservation of critical and unique

natural land areas or of significant wild forest land areas, the state

shall not acquire or accept fee simple ownership of structures or

improvements in the Adirondack or Catskill parks listed or eligible to

be listed on the state register of historic places including that amount

of land on which such structures or improvements are located that is

necessary for their maintenance and use.

2. Prior to any land acquisition by a state agency within the

Adirondack or Catskill parks, the commissioner or responsible chief

executive officer proposing such acquisition shall undertake a review of

such action pursuant to the state environmental quality review act as

provided in article eight of this chapter and, when applicable, the New

York state historic preservation act of 1980.

3. If such structures or improvements in the Adirondack or Catskill

parks are offered to the state for purchase or as a gift, it shall be

the responsibility of the state agency to which such offer is made, in

accordance with guidelines prepared for notifying potential private

purchasers, to search for a private purchaser or donee who would

preserve such structures or improvements, if the present owner thereof

consents.

4. Historic structures and improvements which are located within the

Adirondack and Catskill parks and owned by the state prior to the

effective date of this section and which existed prior to acquisition by

the state may be maintained provided that:

a. the commissioner of parks, recreation and historic preservation

finds that such structures and improvements are listed or are eligible

to be listed on the state register of historic places pursuant to

subdivision one of section 14.07 of the parks, recreation and historic

preservation law; and

b. the commissioner finds that such structures and improvements can be

maintained for public enjoyment and understanding of the forest preserve

or for departmental activities necessary in protecting forest preserve

lands in the parks in a manner that will not disturb the existing degree

of wild forest character of land on which the pre-existing structures or

improvements are located or the wild forest character of land adjacent

thereto; and

c. such maintenance is in accordance with reasonable regulation of the

forest preserve in the Adirondack and Catskill parks consistent with

article fourteen of the state constitution.

The recording provisions of section sixty-three of the public

buildings law shall apply if such structures and improvements are not

maintained or are substantially altered or demolished.