§ 54-0303 — Open space land conservation projects

§ 54-0303. Open space land conservation projects.\n 1. The commissioner and the commissioner of the office of parks,\nrecreation and historic preservation are authorized to undertake open\nspace land conservation projects.\n 2. a. The commissioner of the office of parks, recreation and historic\npreservation may enter into an agreement for the maintenance and\noperation of open space land conservation projects in urban areas or\nmetropolitan park projects by a municipality, or a not-for-profit\ncorporation or unincorporated association which demonstrates to the\ncommissioner's satisfaction that the future physical climate risk due to\nsea level rise, and/or storm surges and/or flooding, based on available\ndata predicting the likelihood of future extreme weather events,\nincluding hazard risk analysis data if applicable, has been considered\nand the municipality, not-for-profit corporation or unincorporated\nassociation is financially or otherwise capable of operating and\nmaintaining the project for the benefit of the public and of maximizing\npublic access to such project. Any such agreement shall contain such\nprovisions as shall be necessary to ensure that its operation and\nmaintenance are consistent with and in furtherance of this article and\nshall be subject to the approval of the director of the budget, the\ncomptroller and, as to form, the attorney general.\n b. The commissioner, pursuant to appropriation therefor and in order\nto further the purposes of article forty-six of this chapter, may make\navailable to the Albany Pine Bush preserve commission, established by\narticle forty-six of this chapter, moneys for the operation of such\ncommission, including the management of lands under the jurisdiction of\nsuch commission in accordance with a management plan prepared as\nspecified in section 46-0111 of this chapter.\n 3. The cost of an open space land conservation project shall include\nthe cost of preparation of a management plan for the preservation and\nbeneficial enjoyment of the land acquired except where such\nconsiderations have already been undertaken as part of an existing plan\napplicable to the newly acquired land.\n 4. To the fullest extent practicable, it is the policy of the state to\npromote an equitable regional distribution of open space land\nconservation funds, consistent with the purpose of this title, taking\ninto account regional differences in real property values, ecological\nresources and recreational opportunities.\n 5. No project, which was not listed on the state land acquisition plan\nas of the effective date of this title, shall be proposed for\nacquisition by the state under this title, pursuant to the state land\nacquisition plan, if any town, village or city within which such a\nproject is located, by resolution, within ninety days of notification by\nthe state of its interest in acquiring such project, objects to such\nacquisition. Such objection shall be transmitted to the commissioner\nthrough the regional land acquisition advisory committee and shall\nprevent the state from undertaking such acquisition.\n 6. No monies shall be expended for acquisition by eminent domain of\nany open space land conservation project except in accordance with the\nstate land acquisition policy set forth in section 49-0203 of this\nchapter.\n 7. No monies shall be expended for open space land conservation\nprojects except pursuant to an appropriation therefor.\n