N.Y. Parks, Recreation and Historic Preservation Law § 13.14: Closure of lands owned, held or administered by the office

§ 13.14 Closure of lands owned, held or administered by the office. 1.

Except as provided in subdivision five of this section, not less than

six months before the proposed permanent closure of a park or historic

site owned, held or administered by the office, the commissioner shall

issue a draft report that provides the justification and rationale for

such closure including, but not limited to:

(a) a full description of the real property;

(b) the purposes that the park or historic serves to the people of the

state;

(c) an analysis of the potential harm to such real property from

vandalism, lack of management and maintenance, and other impacts from

the lack of regular oversight by the office;

(d) the impact of such proposed closure on the entire real property

system owned and operated by the office; and

(e) such other factors that are particularly relevant to the real

property and its function as state land.

2. Not less than four months before the proposed permanent closure of

public access to such park or historic site, the commissioner shall

provide public notice of and conduct one or more public hearings in the

impacted area of the proposed closure. Notice of any such hearing shall

be in the environmental notice bulletin. Each public hearing shall

accept written statements in lieu of an oral presentation.

3. Upon conclusion of the public hearings on a closure, the

commissioner shall issue a final report which includes the response on

all issues raised at the hearings and information entered into the

hearing record. Such final report shall be posted on the website of the

office.

4. The commissioner shall issue and submit to the governor, the

temporary president of the senate, the speaker of the assembly, the

chair of the senate cultural affairs and tourism committee and the chair

of the assembly, parks, arts and sports development committee a findings

statement on each proposed closure that provides the justification for

such closure or, in the alternative, the information that supports the

continued operation of the real property.

5. The requirements of this section shall not apply to seasonal park

closures, temporary closures due to inclement weather or as reasonably

necessary to effectuate repairs, maintenance or capital improvements, or

temporary limits on public access for routine operational reasons, such

as public safety or other emergencies.