§ 44-0113 — Powers and duties of the conservancy

New York § 44-0113

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Art. 44: Hudson River Valley Greenway

Text

§ 44-0113. Powers and duties of the conservancy.\n The conservancy shall have the power:\n 1. To sue on causes of action consistent with the purposes and its\nresponsibilities under this article and with respect to contracts to\nwhich it is a party, but not for general enforcement of state or local\nenvironmental or planning laws, provided that the right to sue, other\nthan with respect to contracts, to which it is a party, shall be limited\nto causes of action arising within the boundaries of the greenway; and\nto be sued.\n 2. To make and execute contracts and all other instruments necessary\nor convenient for the exercise of its powers and functions under this\narticle.\n 3. To establish and maintain such facilities as may be necessary for\nthe transacting of its business.\n 4. To appoint an executive officer, officers, agents, employees, and\nprescribe their duties and qualifications and fix their compensation.\n 5. To utilize, to the extent feasible the staff and facilities of\nexisting state agencies.\n 6. To hold hearings in the exercise of its powers, functions and\nduties provided for by this article.\n 7. To contract for professional and technical assistance and advice.\n 8. To contract for and to accept assistance, including but not limited\nto gifts, grants or loans of funds or of property from the federal\ngovernment or any agency or instrumentality thereof, or from any agency\nor instrumentality of the state, or from any other public or private\nsource and to comply, subject to the provisions of this article, with\nthe terms and conditions thereof, subject to the applicable general\npolicies of the director of the budget.\n 9. To encourage individuals, corporations, associations, organizations\nand public agencies to preserve and enhance the natural scenic beauty\nand heritage of the Hudson river valley and the lands, water, exemplary\nnatural communities, aesthetic and cultural resources of the Hudson\nriver valley, as well as manage and conserve the fish, wildlife and\nendangered plant and animal species, and to increase public access to\nthe waters of the Hudson river.\n 10. To acquire, in the name of the state, interests or rights in real\nproperty including title by gift or devise anywhere within the greenway,\nor by purchase solely for the purposes of a riverside park or\ndevelopment of the greenway trail, or by easement for the conservation,\nmanagement and preservation of open space characterized by natural\nscenic beauty, heritage, natural resource values or conditions enhancing\nregional qualities of the Hudson river valley provided, however, that\nnotwithstanding any other provision of law, transfers of such interests\nor rights in real property may be made to municipalities or\nnot-for-profit corporations which contract to hold such property for the\nbeneficial enjoyment of the people of the state and in no event shall\nsuch land be sold by any such municipality or not-for-profit corporation\nexcept for purposes consistent with the beneficial enjoyment of the\npeople of the state. Additionally, notwithstanding this or any other\nprovision of law, neither the state, nor any of its instrumentalities,\nmay transfer, to the conservancy, any interests or rights in real\nproperty upon which the state is making property tax payments or\npayments in lieu of taxes, unless provision is made for the continuance\nof such payments by the conservancy from monies available in the fund.\n 11. To continue the existing subsidiary nonprofit corporation and\ncreate committees and appoint members thereto to assist and advise the\nconservancy in carrying out its functions, powers and duties and in\ncoordinating the activities of the conservancy with state and local\nagencies functioning within the Hudson river valley.\n 12. To intervene in proceedings before state agencies including the\ndepartment on matters affecting the Hudson river valley.\n 13. To encourage and assist in the creation of special local\nimprovement districts consistent with the purposes of this article.\n 14. To identify land and water areas in the Hudson river valley that\nare suited for designation as scenic areas under the provisions of\narticle forty-nine of this chapter and for subsequent development of\nresource management plans.\n 15. To provide technical assistance to county and local officials,\nlandowners and interested organizations with regard to resource\nprotection, conservation and management of renewable natural resources\nand preservation methods and techniques, including but not limited to:\nnatural resource inventories, scenic and conservation easements, deed\nrestrictions, local land trust, innovative zoning techniques,\nestablishment of urban cultural parks, historic preservation methods and\nviewshed analysis.\n 16. To encourage and assist state, county and local governments with\nthe implementation of procedures for identifying and designating\ncritical areas under the state environmental quality review act, and to\nprovide similar support for utilization of scenic impact project review\nguidelines.\n 17. To help to advance, guide and coordinate on a priority basis the\nacquisition of land and water areas possessed of scenic, natural,\nhistorical, recreational or cultural significance, for the purpose of\npreserving or enhancing such areas; and to do so in cooperation with\nappropriate public and private agencies.\n 18. To initiate the preparation of comprehensive and systematic\ninventories and studies of the natural, scenic, historic, cultural and\nrecreational resources of the Hudson river valley.\n 19. To provide local governments and the private sector with improved\nliaison, interpretation and focus relative to a variety of state and\nfederal programs which bear on the Hudson river valley and its\nshorelands, including coastal management; basin level B study; wild,\nscenic and recreational rivers; urban cultural parks; fisheries\nmanagement; estuarine sanctuaries; areas of national concern; historic\npreservation; tourism and outdoor recreation; and grants-in-aid.\n 20. To help develop and implement a comprehensive program and plan at\nthe state, county and local levels for resource preservation, renewable\nnatural resource management and enhancement in scenic highway corridors.\n 21. To annually prepare a work plan of intended projects and\nactivities of the conservancy and present such plan to the council for\nits review and comment and report periodically to the governor, the\nlegislature and the council on the conduct of its activities, but not\nless than once a year, and to provide a copy of each report to\nappropriate public and private entities within the Hudson river valley\nwhich request a copy of the report.\n 22. To exercise and perform such other powers and duties as shall have\nbeen or may be from time to time conveyed or imposed by law.\n 23. To encourage individuals, corporations, associations and public\nentities to protect and preserve unique resources of the greenway and\nmake grants to municipalities and non-profit entities within the\ngreenway therefor.\n 24. To whenever in the opinion of the conservancy it would be in the\npublic interest, after prior approval of the director of the budget,\nrequest the temporary assignment and transfer of certain employees of\nany board, commission, agency or department of the state or its\npolitical subdivisions, and said board, commission, agency or\ndepartment, if in its opinion such transfer will not interfere with the\nperformance of its duties and functions may make such assignment and\ntransfer of said employees to the conservancy. Such assignment and\ntransfer or extension thereof shall not in any way affect the civil\nservice status, continuity of service, retirement plan status, right to\ncompensation, grade or compensation or other rights or privileges of any\nemployee so transferred.\n 25. To submit title to all interests or rights in real property\nproposed to be acquired by the conservancy for examination and approval\nby the attorney general of the state who shall also furnish any and all\nnecessary legal services and advice required to assist the conservancy\nin accomplishing its corporate purposes.\n 26. When funds are available, and with the approval of the governor,\nenter into an agreement with a municipality or district within which\nreal property interests or rights have been acquired by the conservancy\nproviding for the payment of moneys in lieu of anticipated tax revenues\nwhenever the conservancy shall determine that undue hardship justifying\nsuch financial relief has been created by such acquisition.\n 27. To enforce that no officer, member or employee of the conservancy\nshall receive or may be lawfully entitled to receive any pecuniary\nprofit from the operation thereof except, to the extent available from\nthe fund, for expenses actually and necessarily incurred, including\nreasonable compensation to employees for services in effecting one or\nmore of the purposes set forth herein.\n 28. To continue to provide certain programmatic contractual services\nto the department as has heretofore been the practice.\n 29. To jointly designate and develop model greenway projects in\nagreement with the council to demonstrate the implementation of greenway\nplanning and make grants for assistance to municipalities and non-profit\nentities within the greenway therefor.\n 30. To promote the greenway as a single, tourism destination site in\nconjunction with the designation and development of the greenway trail.\n 31. To assist in the preservation of farmlands within the greenway for\ncontinued agricultural use.\n 32. To take any actions necessary to carry out the functions, powers\nand duties imposed by this article.\n 33. Notwithstanding any other section of law the conservancy shall not\nhave the power of eminent domain or to acquire property by eminent\ndomain.\n 34. Notwithstanding any other section of law, the conservancy may\nexercise its powers within the county of New York only for the purposes\nof designating, developing, or causing to be developed a trail pursuant\nto section 44-0121 of this article. For the purposes of this\nsubdivision, "trail" means a linear corridor or pathway, walkway or\nbikeway used solely for public transportation and recreation. The\ncouncil or the conservancy shall not develop, construct or caused to be\ndeveloped or constructed any landfill, pier or structure over water\nlocated west of the existing bulkhead or shoreline; nor shall the\ncouncil or the conservancy develop, construct or cause to be developed\nor constructed any commercial or residential uses on any trail developed\npursuant to this subdivision.\n