2019 New York Laws
ENV - Environmental Conservation
Article 54 - Environmental Protection Act
Title 3 - Open Space Land Conservation Projects
54-0303 - Open Space Land Conservation Projects.

§ 54-0303. Open space land conservation projects.
1.  The  commissioner  and  the  commissioner  of the office of parks,
  recreation and historic preservation are authorized  to  undertake  open
  space land conservation projects.
2. a. The commissioner of the office of parks, recreation and historic
  preservation  may  enter  into  an  agreement  for  the  maintenance and
  operation of open space land conservation projects  in  urban  areas  or
  metropolitan  park  projects  by  a  municipality,  or  a not-for-profit
  corporation or unincorporated  association  which  demonstrates  to  the
  commissioner's satisfaction that the future physical climate risk due to
  sea  level rise, and/or storm surges and/or flooding, based on available
  data  predicting  the  likelihood  of  future  extreme  weather  events,
  including  hazard  risk analysis data if applicable, has been considered
  and  the  municipality,  not-for-profit  corporation  or  unincorporated
  association  is  financially  or  otherwise  capable  of  operating  and
  maintaining the project for the benefit of the public and of  maximizing
  public  access  to  such  project. Any such agreement shall contain such
  provisions as shall be  necessary  to  ensure  that  its  operation  and
  maintenance  are  consistent with and in furtherance of this article and
  shall be subject to the approval of the  director  of  the  budget,  the
  comptroller and, as to form, the attorney general.
b.  The  commissioner, pursuant to appropriation therefor and in order
  to further the purposes of article forty-six of this chapter,  may  make
  available  to  the  Albany Pine Bush preserve commission, established by
  article forty-six of this chapter, moneys  for  the  operation  of  such
  commission,  including the management of lands under the jurisdiction of
  such commission  in  accordance  with  a  management  plan  prepared  as
  specified in section 46-0111 of this chapter.
3.  The  cost of an open space land conservation project shall include
  the cost of preparation of a management plan for  the  preservation  and
  beneficial   enjoyment   of   the   land   acquired  except  where  such
  considerations have already been undertaken as part of an existing  plan
  applicable to the newly acquired land.
4. To the fullest extent practicable, it is the policy of the state to
  promote   an   equitable   regional  distribution  of  open  space  land
  conservation funds, consistent with the purpose of  this  title,  taking
  into  account  regional  differences in real property values, ecological
  resources and recreational opportunities.
5. No project, which was not listed on the state land acquisition plan
  as  of  the  effective  date  of  this  title,  shall  be  proposed  for
  acquisition  by  the  state under this title, pursuant to the state land
  acquisition plan, if any town, village  or  city  within  which  such  a
  project is located, by resolution, within ninety days of notification by
  the  state  of  its  interest in acquiring such project, objects to such
  acquisition. Such objection shall be  transmitted  to  the  commissioner
  through  the  regional  land  acquisition  advisory  committee and shall
  prevent the state from undertaking such acquisition.
6. No monies shall be expended for acquisition by  eminent  domain  of
  any  open  space land conservation project except in accordance with the
  state land acquisition policy set  forth  in  section  49-0203  of  this
  chapter.
7.  No  monies  shall  be  expended  for  open space land conservation
  projects except pursuant to an appropriation therefor.