New York § 25-0301 Program and cooperative agreements for the protection of tidal wetlands

New York Statutes

§ 25-0301 — Program and cooperative agreements for the protection of tidal wetlands

New York·Law ENV Environmental Conservation·Title 3 Program and Land-use Regulation For Tidal Wetlands·Art. 25 Tidal Wetlands

§ 25-0301. Program and cooperative agreements for the protection of\n             tidal wetlands.\n  1. Upon completion of the inventory with respect to tidal wetlands,\nthe commissioner shall confer with the local government officials\ninvolved to establish a program for the protection of such tidal\nwetlands.\n  2. The commissioner may enter into cooperative agreements with any\nvillage, town, city or county, or with any one or more of them, for the\npurpose of preserving, maintaining and enhancing, in accordance with the\npolicies of this act, those tidal wetlands included within the\nboundaries of such villages, towns, cities and counties.\n  3. A cooperative agreement with any such village, town, city or county\nmay provide for the development by personnel and facilities of the\ndepar

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§ 25-0301. Program and cooperative agreements for the protection of\n tidal wetlands.\n 1. Upon completion of the inventory with respect to tidal wetlands,\nthe commissioner shall confer with the local government officials\ninvolved to establish a program for the protection of such tidal\nwetlands.\n 2. The commissioner may enter into cooperative agreements with any\nvillage, town, city or county, or with any one or more of them, for the\npurpose of preserving, maintaining and enhancing, in accordance with the\npolicies of this act, those tidal wetlands included within the\nboundaries of such villages, towns, cities and counties.\n 3. A cooperative agreement with any such village, town, city or county\nmay provide for the development by personnel and facilities of the\ndepartment of environmental conservation, or the payment out of funds\nappropriated for the purpose, of the cost of preserving, maintaining or\nenhancing such tidal wetlands in accordance with the policies of this\nact, and for the furnishing of such personnel, facilities or funds as\nmay be agreed upon within the cooperative agreement.\n 4. The cooperative agreement shall provide that the tidal wetlands be\npreserved and maintained in their natural or enhanced state, provided,\nhowever, that a reservation in any such agreement by a village, town,\ncity or county of the right to operate or lease for operation shellfish\nbeds lying within the area, and a reservation of the income from such\noperation or lease for the village, town, city or county shall be\nallowed and not considered a violation of preservation and maintenance\nof a natural state.\n 5. This section shall not prevent any tidal wetlands from being\ndesignated as portions of the state's natural and historic preserves,\nnor shall it prevent the dedication of any such lands as state parks.\nThe office of parks and recreation shall outline to the commissioner its\nplans to preserve tidal wetlands in parklands as soon as practicable.\n

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