§ 56-0307 — Open space land conservation projects

New York § 56-0307

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 3: Clean Water Projects
• Art. 56: Implementation of the Clean Water/clean Air Bond Act of 1996

Text

§ 56-0307. 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, in cooperation with willing sellers.\nIn undertaking projects, the respective commissioner shall give\nconsideration to the plan prepared pursuant to section 49-0207 of this\nchapter. Projects shall develop, expand or enhance water quality\nprotection or public access to water bodies, including but not limited\nto coastlines, aquifers, watersheds, lakes, rivers and streams.\n 2. Projects which are not identified in the state land acquisition\nplan prepared pursuant to section 49-0207 of this chapter shall not be\nproposed for acquisition by the state under this section if any town,\nvillage, or city within which such project is located notifies the state\nof its objection to such acquisition. Such objection shall be\ntransmitted by resolution within ninety days of the notification by the\nstate of its interest in such acquisition to the commissioner of the\noffice of parks, recreation and historic preservation and shall\neffectively prevent the state from undertaking such acquisition.\n 3. The commissioner or the commissioner of the office of parks,\nrecreation and historic preservation may enter into an agreement for the\nmaintenance and operation of open space land conservation projects\noutside the Adirondack or Catskill Parks undertaken pursuant to this\nsection by a municipality, a not-for-profit corporation, or\nunincorporated association which demonstrates to the commissioner's\nsatisfaction that it is financially or otherwise capable of operating\nand maintaining the project for the benefit of the public and of\nmaximizing public access to such project. Any such agreement shall\ncontain such provisions as shall be necessary to ensure that its\noperation and maintenance are consistent with, and in furtherance of,\nthis article and shall be subject to the approval of the director of the\nbudget, the comptroller and, as to form, the attorney general.\n 4. 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 pursuant to this section\nexcept where such considerations have already been undertaken as part of\nany existing plan applicable to the newly acquired land.\n 5. The commissioner of agriculture and markets is authorized to\nprovide state assistance payments to county agricultural and farmland\nprotection boards, or to municipalities provided the proposed project is\nendorsed for funding by the agricultural and farmland protection board\nfor the county in which the municipality is located, for implementation\nof projects identified in agricultural protection plans pursuant to the\nprogram as set forth in article twenty-five-AAA of the agriculture and\nmarkets law.\n