N.Y. ENV Law § 46-0109 — New York Code / Act ENV / Article 46 / Section 46-0109
Powers and duties of the commission
Status: in_force

§ 46-0109. Powers and duties of the commission.\n  The commission shall have the power:\n  1. To sue and be sued.\n  2. To make by-laws for the management and regulation of its affairs.\n  3. To make and execute contracts and all other instruments necessary\nor convenient for the exercise of its powers and functions under this\narticle.\n  4. To appoint an executive officer, officers, agents and employees,\nand prescribe their duties and qualifications and fix their\ncompensation.\n  5. To utilize, to the extent feasible, the staff and facilities of\nexisting state and local agencies, pursuant to an allocation to be made\nby the state division of the budget or the chief executive officer of\nthe local government as applicable.\n  6. To contract for professional and technical assistance and advice.\n  7. To contract for and to accept assistance, including but not limited\nto gifts, grants, easements or loans of funds or real property or\npersonal property from the federal government or any agency or\ninstrumentality thereof, or from any agency or instrumentality of the\nstate, or from any other public or private source and to comply, subject\nto the provisions of this article, with the terms and conditions\nthereof, subject to the approval of the division of the budget.\nNotwithstanding the provision of section eleven of the state finance\nlaw, the commission may accept gifts, grants, devises and bequests,\nwhether conditional or unconditional, with the approval of the director\nof the budget.\n  8. To conduct scientific and environmental studies.\n  9. Notwithstanding the provisions of section 9-1105 of this chapter or\nany other provision of law, to take, or cause to be taken, necessary and\nappropriate fire management actions to protect the flora and fauna of\nthe preserve provided that:\n  (i) such actions have been approved in writing by the commissioner and\nare pursuant to a written plan for the conduct of the requested burn,\nwhich plan shall include provisions for limiting the area to be burned\nand restricting the burn to that area, as well as emergency suppression\nprocedures; and\n  (ii) no burning shall be conducted until the chief or other official\nin charge of the fire department or company within whose territorial\njurisdiction the proposed burn is located has been given the opportunity\nto review and comment on the written plan and the fire department or\ncompany dispatcher has been notified of the actual date and time and\nestimated duration of such action; and\n  (iii) no burning shall be prescribed within seventy-five feet of\nprivately owned land within or adjacent to the preserve which has not\nbeen dedicated to the preserve, except upon the approval of such\nadjacent landowner.\n  10. To construct, or cause to have constructed, necessary facilities\nincluding paths and trails, an environmental education center and\nrelated parking areas on no more than five percent of the preserve.\n  11. To conduct environmental education programs.\n  12. To facilitate and provide passive recreational activities\nincluding hiking, nature study and photography.\n  13. To control access and use of the preserve as is necessary and\nappropriate to maintain the ecological community of the preserve\nincluding establishment of an admission control system by permit on\neither a group or individual.\n  14. To review and approve proposed dedications to the preserve and\nrecommend additions to the preserve.\n  15. To advise and assist state agencies, municipalities and private\nproperty owners whose land adjoins the preserve on land use and\nmanagement techniques that are compatible with the land management needs\nof the preserve.\n  16. To encourage individuals, corporations, associations and public\nentities to protect and preserve the unique resources of the preserve.\n  17. To prepare an annual report on the conduct of its activities which\nshall include a recommended budget for the next year.\n  18. To exercise and perform such other powers and duties as shall have\nbeen or may be from time to time conferred by law.\n  19. To acquire real property as may be necessary for the purposes and\nfunctions of the commission. Such real property may be acquired in the\nname of the commission by purchase, exchange, gift, devise, bequest, or\nby other legal means.\n