N.Y. Environmental Conservation Law § 9-1303: Forest insects and other forest tree diseases

§ 9-1303. Forest insects and other forest tree diseases.

For the purpose of control and preventing the spread of forest insects

and forest tree diseases (except white pine blister rust and currant

rust, covered by section 9-1301) the following provisions shall apply:

1. The department may enter into cooperative agreements with any other

state, the federal government, any foreign government, any municipal

subdivision of New York state or private individuals in order to obtain

proper working agreements.

2. The department may accept and expend gifts of money for control and

prevention work.

3. The department may conduct necessary investigations for the purpose

of discovering better methods of control or prevention of spread of

forest insects and forest tree diseases either within or without the

state.

4. Duly authorized agents of the department may enter upon any lands

for the purpose of determining if such property is infested with forest

insects or forest tree diseases, and the extent of such infestation.

5. The department shall have the authority by order to establish

quarantine districts in any part or parts of the state, and to prohibit

the movement of materials which may be harboring forest insects or

forest tree diseases in any of their different forms. On the making of

such an order, the department shall cause a certified copy of the same

to be filed in the office of the clerk of each county, affected by such

quarantine, and shall give such other notice thereof as it may deem

necessary. Such order shall be effective on and after the tenth day from

the filing thereof.

6. The department shall have discretionary authority to poison forest

areas in or near sections infested by insect pests or forest tree

diseases.

7. The department may take steps to establish barrier or protective

zones for the purpose of preventing the spread of forest insect and

disease pests, and in so doing shall have the authority and right to

enter upon private lands for this purpose, and thereon make such

modifications in the composition of the forest growth as it may deem

necessary. In such barrier or protective zones trees or other vegetation

may be sprayed, cut, destroyed, or otherwise treated when in the

judgment of the department, the same may be necessary, but the owner of

the property shall be entitled to a just compensation for damage done

through the acts of such agents, except that no compensation shall be

paid for the destruction of infested trees.

8. The department shall have power to ascertain the amount of damage

done upon lands of private owners by the acts of the agents of the

department in establishing and maintaining barrier zones, by having an

agent of the department appraise the same. If the owner is not satisfied

with the amount of damage as fixed by such appraisal, he may, within six

months after service upon him of a copy of such appraisal, take an

appeal therefrom to the Court of Claims, which court is hereby

authorized to pass upon the questions involved and determine the amount

due such owner.

9. The department may by order make rules and regulations governing

any and all operations designed for the purpose of preventing the spread

of or for the purpose of controlling forest insects and forest tree

diseases, their pupae, eggs and caterpillars, and plants or trees

infested by them, all of which are hereby declared a public nuisance.

Such rules and regulations shall become effective in any county on and

after the tenth day from the filing of a certified copy in the office of

the clerk of that county.

10. No action for trespass shall lie on account of entry on private

lands by an agent of the department for the exercise of any power

authorized by this section.

11. No person shall wilfully resist or obstruct the work of any agents

duly employed by the department, engaged in the suppression of forest

insects or forest tree diseases.

12. The department shall have the authority to incur expenses in

connection with the training of persons at points outside of the state

of New York, if the same is deemed by it necessary.