N.Y. Environmental Conservation Law § 9-1103: Additional powers of the department

§ 9-1103. Additional powers of the department.

In addition to the powers provided in section 9-0105 and in connection

with the control of fire, the department shall have the power to:

1. Maintain a system of forest fire protection in such areas of the

state as the department determines necessary.

2. Purchase necessary equipment, tools or supplies, employ men or

incur other expenses as may be necessary to furnish adequate forest fire

protection.

3. Establish, maintain, equip and operate forest fire observation

stations, telephone lines or other structures therefor as the public

interest requires.

4. Make contracts, agreements or purchases either for construction,

operation or maintenance of telephone lines for fire protection

purposes. Any telephone company may grant the state a preferred rate.

5. With consent of owner build or improve fire roads, ditches, trails

or fire lines. No action for trespass shall lie on account of injury to

private property on such account, if the act is performed in the

protection of the forests from fire.

6. Appoint necessary employees to perform such duties as are required

by this title 11.

7. Order removed from service, on forty-eight hours' notice, any

railroad locomotive, operating in the fire towns, not properly equipped

with fire protection devices.

8. Grant an extension of time in which owners may comply with section

9-1113 when the department is satisfied that such an extension of time

will not endanger the forests to fire, but in no case shall an extension

be granted for a period of more than six weeks from the time of cutting,

except in connection with operations for the clearing of a reservoir

site under the authority of section 15-1507.

9. Relieve railroads from maintaining railroad fire patrol, or

clearing right of way when in the judgment of the department the absence

of such patrol or clearing will not subject the forests to fire menace.

10. Request the Public Service Commission to hear and determine

whether any railroad, person or company operating railroad locomotives

through forest land is using such devices and precautions against the

setting of forest fires, as the public interest requires.

11. Designate persons who shall have authority to issue permits as

required by subdivision 5 of section 9-1105.

12. Enter into working agreements with land owners for the purpose of

securing better forest fire protection in the fire towns.

13. Make rules and regulations to secure better fire protection within

all or any portion of those areas designated as fire districts under

subdivision 2 of section 9-1109 or defined as fire towns by section

9-1107.