2010 New York Code
ENV - Environmental Conservation
Article 44 - (44-0101 - 44-0121) HUDSON RIVER VALLEY GREENWAY
44-0113 - Powers and duties of the conservancy.

§ 44-0113. Powers and duties of the conservancy.
    The conservancy shall have the power:
    1.  To  sue  on  causes of action consistent with the purposes and its
  responsibilities under this article and with  respect  to  contracts  to
  which  it  is a party, but not for general enforcement of state or local
  environmental or planning laws, provided that the right  to  sue,  other
  than with respect to contracts, to which it is a party, shall be limited
  to  causes  of action arising within the boundaries of the greenway; and
  to be sued.
    2. To make and execute contracts and all other  instruments  necessary
  or  convenient  for  the exercise of its powers and functions under this
  article.
    3. To establish and maintain such facilities as may be  necessary  for
  the transacting of its business.
    4.  To  appoint an executive officer, officers, agents, employees, and
  prescribe their duties and qualifications and fix their compensation.
    5. To utilize, to the extent feasible  the  staff  and  facilities  of
  existing state agencies.
    6.  To  hold  hearings  in  the  exercise of its powers, functions and
  duties provided for by this article.
    7. To contract for professional and technical assistance and advice.
    8. To contract for and to accept assistance, including but not limited
  to gifts, grants or loans of funds  or  of  property  from  the  federal
  government  or any agency or instrumentality thereof, or from any agency
  or instrumentality of the state, or from any  other  public  or  private
  source  and  to  comply, subject to the provisions of this article, with
  the terms and conditions thereof,  subject  to  the  applicable  general
  policies of the director of the budget.
    9. To encourage individuals, corporations, associations, organizations
  and  public  agencies  to preserve and enhance the natural scenic beauty
  and heritage of the Hudson river valley and the lands, water,  exemplary
  natural  communities,  aesthetic  and  cultural  resources of the Hudson
  river valley, as well as manage and  conserve  the  fish,  wildlife  and
  endangered  plant  and  animal species, and to increase public access to
  the waters of the Hudson river.
    10. To acquire, in the name of the state, interests or rights in  real
  property including title by gift or devise anywhere within the greenway,
  or  by  purchase  solely  for  the  purposes  of  a  riverside  park  or
  development of the greenway trail, or by easement for the  conservation,
  management  and  preservation  of  open  space  characterized by natural
  scenic beauty, heritage, natural resource values or conditions enhancing
  regional qualities of the Hudson river valley  provided,  however,  that
  notwithstanding  any other provision of law, transfers of such interests
  or  rights  in  real  property  may  be  made   to   municipalities   or
  not-for-profit corporations which contract to hold such property for the
  beneficial  enjoyment  of  the people of the state and in no event shall
  such land be sold by any such municipality or not-for-profit corporation
  except for purposes consistent with  the  beneficial  enjoyment  of  the
  people  of  the  state.  Additionally, notwithstanding this or any other
  provision of law, neither the state, nor any of  its  instrumentalities,
  may  transfer,  to  the  conservancy,  any  interests  or rights in real
  property upon which  the  state  is  making  property  tax  payments  or
  payments  in lieu of taxes, unless provision is made for the continuance
  of such payments by the conservancy from monies available in the fund.
    11. To continue the  existing  subsidiary  nonprofit  corporation  and
  create  committees  and appoint members thereto to assist and advise the
  conservancy in carrying out its functions,  powers  and  duties  and  in

coordinating  the  activities  of  the  conservancy with state and local
  agencies functioning within the Hudson river valley.
    12.  To  intervene  in proceedings before state agencies including the
  department on matters affecting the Hudson river valley.
    13.  To  encourage  and  assist  in  the  creation  of  special  local
  improvement districts consistent with the purposes of this article.
    14.  To  identify land and water areas in the Hudson river valley that
  are suited for designation as  scenic  areas  under  the  provisions  of
  article  forty-nine  of  this  chapter and for subsequent development of
  resource management plans.
    15. To provide technical assistance to  county  and  local  officials,
  landowners   and   interested  organizations  with  regard  to  resource
  protection, conservation and management of renewable  natural  resources
  and  preservation  methods and techniques, including but not limited to:
  natural resource inventories, scenic and  conservation  easements,  deed
  restrictions,   local   land   trust,   innovative   zoning  techniques,
  establishment of urban cultural parks, historic preservation methods and
  viewshed analysis.
    16. To encourage and assist state, county and local  governments  with
  the   implementation  of  procedures  for  identifying  and  designating
  critical areas under the state environmental quality review act, and  to
  provide  similar support for utilization of scenic impact project review
  guidelines.
    17. To help to advance, guide and coordinate on a priority  basis  the
  acquisition  of  land  and  water  areas  possessed  of scenic, natural,
  historical, recreational or cultural significance, for  the  purpose  of
  preserving  or  enhancing  such  areas; and to do so in cooperation with
  appropriate public and private agencies.
    18. To  initiate  the  preparation  of  comprehensive  and  systematic
  inventories  and  studies of the natural, scenic, historic, cultural and
  recreational resources of the Hudson river valley.
    19. To provide local governments and the private sector with  improved
  liaison,  interpretation  and  focus  relative to a variety of state and
  federal  programs  which  bear  on  the  Hudson  river  valley  and  its
  shorelands,  including  coastal  management;  basin level B study; wild,
  scenic  and  recreational  rivers;  urban  cultural   parks;   fisheries
  management;  estuarine  sanctuaries; areas of national concern; historic
  preservation; tourism and outdoor recreation; and grants-in-aid.
    20. To help develop and implement a comprehensive program and plan  at
  the  state, county and local levels for resource preservation, renewable
  natural resource management and enhancement in scenic highway corridors.
    21.  To  annually  prepare  a  work  plan  of  intended  projects  and
  activities  of  the conservancy and present such plan to the council for
  its review and comment and report  periodically  to  the  governor,  the
  legislature  and  the  council on the conduct of its activities, but not
  less than once a  year,  and  to  provide  a  copy  of  each  report  to
  appropriate  public  and private entities within the Hudson river valley
  which request a copy of the report.
    22. To exercise and perform such other powers and duties as shall have
  been or may be from time to time conveyed or imposed by law.
    23. To encourage individuals, corporations,  associations  and  public
  entities  to  protect  and preserve unique resources of the greenway and
  make  grants  to  municipalities  and  non-profit  entities  within  the
  greenway therefor.
    24.  To  whenever in the opinion of the conservancy it would be in the
  public interest, after prior approval of the  director  of  the  budget,
  request  the  temporary  assignment and transfer of certain employees of
  any board,  commission,  agency  or  department  of  the  state  or  its

political   subdivisions,   and   said   board,  commission,  agency  or
  department, if in its opinion such transfer will not interfere with  the
  performance  of  its  duties  and functions may make such assignment and
  transfer  of  said  employees  to  the  conservancy. Such assignment and
  transfer or extension thereof shall not in  any  way  affect  the  civil
  service  status, continuity of service, retirement plan status, right to
  compensation, grade or compensation or other rights or privileges of any
  employee so transferred.
    25. To submit title to  all  interests  or  rights  in  real  property
  proposed  to be acquired by the conservancy for examination and approval
  by the attorney general of the state who shall also furnish any and  all
  necessary  legal  services and advice required to assist the conservancy
  in accomplishing its corporate purposes.
    26. When funds are available, and with the approval of  the  governor,
  enter  into  an  agreement  with a municipality or district within which
  real property interests or rights have been acquired by the  conservancy
  providing  for the payment of moneys in lieu of anticipated tax revenues
  whenever the conservancy shall determine that undue hardship  justifying
  such financial relief has been created by such acquisition.
    27.  To enforce that no officer, member or employee of the conservancy
  shall receive or may be  lawfully  entitled  to  receive  any  pecuniary
  profit  from  the operation thereof except, to the extent available from
  the fund, for expenses  actually  and  necessarily  incurred,  including
  reasonable  compensation  to  employees for services in effecting one or
  more of the purposes set forth herein.
    28. To continue to provide certain programmatic  contractual  services
  to the department as has heretofore been the practice.
    29.  To  jointly  designate  and  develop  model  greenway projects in
  agreement with the council to demonstrate the implementation of greenway
  planning and make grants for assistance to municipalities and non-profit
  entities within the greenway therefor.
    30. To promote the greenway as a single, tourism destination  site  in
  conjunction with the designation and development of the greenway trail.
    31. To assist in the preservation of farmlands within the greenway for
  continued agricultural use.
    32.  To  take any actions necessary to carry out the functions, powers
  and duties imposed by this article.
    33. Notwithstanding any other section of law the conservancy shall not
  have the power of eminent domain  or  to  acquire  property  by  eminent
  domain.
    34.  Notwithstanding  any  other  section  of law, the conservancy may
  exercise its powers within the county of New York only for the  purposes
  of  designating, developing, or causing to be developed a trail pursuant
  to  section  44-0121  of  this  article.  For  the  purposes   of   this
  subdivision,  "trail"  means  a  linear  corridor or pathway, walkway or
  bikeway used  solely  for  public  transportation  and  recreation.  The
  council  or the conservancy shall not develop, construct or caused to be
  developed or constructed any landfill,  pier  or  structure  over  water
  located  west  of  the  existing  bulkhead  or  shoreline; nor shall the
  council or the conservancy develop, construct or cause to  be  developed
  or constructed any commercial or residential uses on any trail developed
  pursuant to this subdivision.