2010 New York Code
ENV - Environmental Conservation
Article 46 - (46-0101 - 46-0115) ALBANY PINE BUSH PRESERVE COMMISSION
46-0109 - Powers and duties of the commission.

§ 46-0109. Powers and duties of the commission.
    The commission shall have the power:
    1. To sue and be sued.
    2. To make by-laws for the management and regulation of its affairs.
    3.  To  make and execute contracts and all other instruments necessary
  or convenient for the exercise of its powers and  functions  under  this
  article.
    4.  To  appoint  an executive officer, officers, agents and 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 and local agencies, pursuant to an allocation to be  made
  by  the  state  division of the budget or the chief executive officer of
  the local government as applicable.
    6. To contract for professional and technical assistance and advice.
    7. To contract for and to accept assistance, including but not limited
  to gifts, grants, easements or  loans  of  funds  or  real  property  or
  personal   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  approval  of  the  division  of  the  budget.
  Notwithstanding  the  provision  of  section eleven of the state finance
  law, the commission may accept  gifts,  grants,  devises  and  bequests,
  whether  conditional or unconditional, with the approval of the director
  of the budget.
    8. To conduct scientific and environmental studies.
    9. Notwithstanding the provisions of section 9-1105 of this chapter or
  any other provision of law, to take, or cause to be taken, necessary and
  appropriate fire management actions to protect the flora  and  fauna  of
  the preserve provided that:
    (i) such actions have been approved in writing by the commissioner and
  are  pursuant  to  a written plan for the conduct of the requested burn,
  which plan shall include provisions for limiting the area to  be  burned
  and  restricting the burn to that area, as well as emergency suppression
  procedures; and
    (ii) no burning shall be conducted until the chief or  other  official
  in  charge  of  the  fire department or company within whose territorial
  jurisdiction the proposed burn is located has been given the opportunity
  to review and comment on the written plan and  the  fire  department  or
  company  dispatcher  has  been  notified of the actual date and time and
  estimated duration of such action; and
    (iii) no burning shall  be  prescribed  within  seventy-five  feet  of
  privately  owned  land  within or adjacent to the preserve which has not
  been dedicated to  the  preserve,  except  upon  the  approval  of  such
  adjacent landowner.
    10.  To  construct, or cause to have constructed, necessary facilities
  including paths  and  trails,  an  environmental  education  center  and
  related parking areas on no more than five percent of the preserve.
    11. To conduct environmental education programs.
    12.   To   facilitate  and  provide  passive  recreational  activities
  including hiking, nature study and photography.
    13. To control access and use of the  preserve  as  is  necessary  and
  appropriate  to  maintain  the  ecological  community  of  the  preserve
  including establishment of an admission  control  system  by  permit  on
  either a group or individual.
    14.  To  review  and  approve proposed dedications to the preserve and
  recommend additions to the preserve.

15. To advise and assist state agencies,  municipalities  and  private
  property  owners  whose  land  adjoins  the  preserve  on  land  use and
  management techniques that are compatible with the land management needs
  of the preserve.
    16.  To  encourage  individuals, corporations, associations and public
  entities to protect and preserve the unique resources of the preserve.
    17. To prepare an annual report on the conduct of its activities which
  shall include a recommended budget for the next year.
    18. To exercise and perform such other powers and duties as shall have
  been or may be from time to time conferred by law.