§ 52-0101. Definitions.\n As used in this article the following terms shall mean and include:\n 1. "Commissioner" means the commissioner of environmental conservation\nexcept that within and for the purposes of title nine of this article,\nthe term shall mean the commissioner of parks, recreation and historic\npreservation.\n 2. "Cost" means the cost of an approved project, which shall include\nengineering and architectural services, plans and specifications,\nconsultant and legal services, and other direct expenses incident to\nsuch project less any federal assistance received or to be received and\nany other assistance from responsible parties or otherwise.\n 3. "Department" means the department of environmental conservation.\n 4. "Environmentally sensitive lands project" means a st
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§ 52-0101. Definitions.\n As used in this article the following terms shall mean and include:\n 1. "Commissioner" means the commissioner of environmental conservation\nexcept that within and for the purposes of title nine of this article,\nthe term shall mean the commissioner of parks, recreation and historic\npreservation.\n 2. "Cost" means the cost of an approved project, which shall include\nengineering and architectural services, plans and specifications,\nconsultant and legal services, and other direct expenses incident to\nsuch project less any federal assistance received or to be received and\nany other assistance from responsible parties or otherwise.\n 3. "Department" means the department of environmental conservation.\n 4. "Environmentally sensitive lands project" means a state project to\npreserve aquifer recharge areas, areas of exceptional scenic beauty or\nexceptional forest character, open space, pine barrens, public access,\ntrailways, unique character, wetlands, and wildlife habitat, as defined\nbelow:\n (a) "Aquifer recharge area" means the location at which water can\nenter an aquifer directly or indirectly.\n (b) "Exceptional forest character" means forest possessed of such\nattributes as maturity of growth, scientific harvesting potential,\naesthetic appeal or recreational opportunity.\n (c) "Exceptional scenic beauty" means land forms, water bodies,\ngeologic formations and vegetation which possess significant scenic\nqualities or significantly contribute to scenic values.\n (d) "Open space" means open or natural land in or near urban or\nsuburban areas necessary to serve the scenic or recreation needs\nthereof.\n (e) "Pine barrens" means a natural community of such biota as pitch\npine, jack pine, and scrub oak which may be found associated with a\nvariety of natural resources.\n (f) "Public access" means access to lands for public use, including\nstream rights and waterways.\n (g) "Trailways" means recreational trails developed under guidelines\nestablished for the development of a statewide trails system.\n (h) "Unique character" means lands of special natural beauty,\nwilderness character, geological, ecological or historical significance\nsuitable for the state nature and historic preserve and similar lands\nwithin a forest preserve county outside the Adirondack and Catskill\nparks.\n (i) "Wetlands" means freshwater wetlands as defined in article\ntwenty-four of this chapter and tidal wetlands as defined in article\ntwenty-five of this chapter.\n (j) "Wildlife habitat" means specific areas essential for the\nconservation of threatened and endangered species which require special\nmanagement considerations or protection for maintenance of such species.\n 5. "Federal assistance" shall mean funds available, other than by\nloan, from the federal government, either directly or through allocation\nby the state for construction or program purposes pursuant to any\nfederal law or program.\n 6. "Forest preserve project" means a state project to acquire land as\nadditions to the forest preserve or to acquire conservation easements\ncreated pursuant to title three of article forty-nine of this chapter\nwithin the Adirondack and Catskill parks.\n 7 "Governing body" means\n (a) in the case of a town, a town board;\n (b) in the case of a county outside of the city of New York, the\ncounty board of supervisors or other elective governing body;\n (c) in the case of a city or village, the local legislative body\nthereof, as the term is defined in the municipal home rule law;\n (d) in the case of a public benefit corporation, the board of\ndirectors, members or trustees thereof;\n (e) in the case of a school district, the board of education thereof;\n (f) in the case of a supervisory district, the board of cooperative\neducational services thereof.\n 8. "Hazardous waste" shall have the definition set forth in title nine\nof article twenty-seven of this chapter.\n 9. "Hazardous waste site remediation project" means the same as the\nterm "inactive hazardous waste disposal site remedial program" as\ndefined in subdivision three of section 27-1301 of this chapter.\n 10. "Historic preservation project" means:\n (a) State historic preservation projects. A state project undertaken\nby the office of parks, recreation and historic preservation to improve,\nrestore or rehabilitate state historic properties listed on the state or\nnational registers of historic places to protect the historic, cultural\nor architectural significance thereof.\n (b) Municipal historic preservation project. A project undertaken by a\nmunicipality to improve, restore or rehabilitate municipal property\nlisted on the state or national registers of historic places to protect\nthe historic, cultural or architectural significance thereof.\n (c) Not-for-profit historic preservation projects. A project\nundertaken by a not-for-profit corporation for the acquisition,\nimprovement, restoration or rehabilitation of property listed on the\nstate or national registers of historic places to protect the historic,\ncultural or architectural significance thereof.\n 11. "Landfill" means a disposal facility or part of one at which solid\nwaste, or its residue after treatment, is intentionally placed in or on\nland, at which solid waste will remain after closure, and which is not a\nlandspreading facility, a surface impoundment, or an injection well.\n 12. "Lands" mean lands, improvements and structures thereon or rights,\nfranchises, and interests therein, lands under water and riparian\nrights, and shall also mean any and all interests in lands less than\nfull title, including without limitations, easements, permanent or\ntemporary, rights of way, uses, leases, licenses, and any other estate,\ninterests or rights in lands, legal or equitable.\n 13. "Municipal landfill closure project" means activities undertaken\nto close, including by reclamation, a landfill owned or operated by a\nmunicipality to achieve compliance with regulations promulgated by the\ndepartment.\n 14. "Municipal park project" means a project including an urban\ncultural park undertaken by a municipality for the acquisition,\ndevelopment or improvement of outdoor or indoor recreation facilities,\nincluding, but not limited to site acquisition, improvement,\nconstruction, reconstruction and improvement of structures, roads and\nparking facilities.\n 15. "Municipality", except as otherwise defined within this article,\nmeans a city, county, town, village, public benefit corporation or\nschool district or an improvement district within a city, county, town\nor village, or Indian tribe residing within New York state, or any\ncombination thereof.\n 16. "Not-for-profit corporation" means a corporation formed pursuant\nto the not-for-profit corporation law and qualified for tax-exempt\nstatus under section 501(c)(3) of the federal internal revenue code.\n 17. "Office" means the office of parks, recreation and historic\npreservation.\n 18. "Solid waste" shall have the definition set forth for such term in\ntitle seven of article twenty-seven of this chapter.\n 19. "Urban cultural park" shall have the definition set forth for such\nterm in title G of article thirty-one of the parks, recreation and\nhistoric preservation law.\n