§ 9-0109 — Acquisition of lands within the Adirondack or Catskill parks

§ 9-0109. Acquisition of lands within the Adirondack or Catskill parks.\n 1. Unless deemed necessary for the conservation of critical and unique\nnatural land areas or of significant wild forest land areas, the state\nshall not acquire or accept fee simple ownership of structures or\nimprovements in the Adirondack or Catskill parks listed or eligible to\nbe listed on the state register of historic places including that amount\nof land on which such structures or improvements are located that is\nnecessary for their maintenance and use.\n 2. Prior to any land acquisition by a state agency within the\nAdirondack or Catskill parks, the commissioner or responsible chief\nexecutive officer proposing such acquisition shall undertake a review of\nsuch action pursuant to the state environmental quality review act as\nprovided in article eight of this chapter and, when applicable, the New\nYork state historic preservation act of 1980.\n 3. If such structures or improvements in the Adirondack or Catskill\nparks are offered to the state for purchase or as a gift, it shall be\nthe responsibility of the state agency to which such offer is made, in\naccordance with guidelines prepared for notifying potential private\npurchasers, to search for a private purchaser or donee who would\npreserve such structures or improvements, if the present owner thereof\nconsents.\n 4. Historic structures and improvements which are located within the\nAdirondack and Catskill parks and owned by the state prior to the\neffective date of this section and which existed prior to acquisition by\nthe state may be maintained provided that:\n a. the commissioner of parks, recreation and historic preservation\nfinds that such structures and improvements are listed or are eligible\nto be listed on the state register of historic places pursuant to\nsubdivision one of section 14.07 of the parks, recreation and historic\npreservation law; and\n b. the commissioner finds that such structures and improvements can be\nmaintained for public enjoyment and understanding of the forest preserve\nor for departmental activities necessary in protecting forest preserve\nlands in the parks in a manner that will not disturb the existing degree\nof wild forest character of land on which the pre-existing structures or\nimprovements are located or the wild forest character of land adjacent\nthereto; and\n c. such maintenance is in accordance with reasonable regulation of the\nforest preserve in the Adirondack and Catskill parks consistent with\narticle fourteen of the state constitution.\n The recording provisions of section sixty-three of the public\nbuildings law shall apply if such structures and improvements are not\nmaintained or are substantially altered or demolished.\n