N.Y. ENV Law § 43-0107 — New York Code / Act ENV / Article 43 / Section 43-0107
Powers
Status: in_force

§ 43-0107. Powers.\n  The commission shall have power to:\n  1. Sue and be sued.\n  2. Make and execute contracts and all other instruments necessary or\nconvenient for the exercise of its powers and functions under this\narticle.\n  3. Establish and maintain such facilities as may be necessary for the\ntransacting of its business.\n  4. Utilize, to the extent feasible, the staff and facilities of\nexisting state agencies, pursuant to an allocation to be made by the\ndirector of the budget.\n  5. Hold hearings and subpoena witnesses in the exercise of its powers,\nfunctions and duties provided for by this article.\n  6. Contract for professional and technical assistance and advice.\n  7. Contract for and to accept assistance, including but not limited to\ngifts, grants or loans of funds or of property from the federal\ngovernment or any agency or instrumentality thereof, or from any agency\nor instrumentality of the state, or from any other public or private\nsource and to comply, subject to the provisions of this article, with\nthe terms and conditions thereof, subject to the approval of the\ndirector of the budget.\n  8. Adopt, amend and repeal, after public hearing according to the\nprovisions of the state administrative procedure act (except in the case\nof rules and regulations that related to the organization or internal\nmanagement of the agency), such rules and regulations, consistent with\nthis article, as it deems necessary to administer this article, and to\ndo any and all things necessary or convenient to carry out the purpose\nand policies of this article and to exercise all powers granted by law.\n  9. Adopt, amend and repeal, after public hearing according to the\nprovisions of the state administrative procedure act, rules and\nregulations relating to tree-cutting within the park; provided, however,\nthat nothing herein shall prevent a municipality from adopting a law,\ncode, ordinance or regulation which is more stringent than such rules\nand regulations adopted by the commission.\n  10. Encourage individuals, corporations, associations and\norganizations to acquire real property or interests or rights in real\nproperty for the preservation of open space characterized by natural\nscenic beauty or conditions enhancing parkwide qualities, and to\npreserve such lands or interests or rights in real property through the\nestablishment of land trusts and other lawful means for protecting and\npreserving such lands.\n  11. Encourage and assist in the creation of special local improvement\ndistricts for purposes including control of storm water runoff problems\nand the acquisition of significant environmental areas, including\nwetlands, to control such problems.\n  12. Study, monitor and inspect for pollution from any source within\nthe park and to enforce the provisions of this article and any\nregulations promulgated pursuant thereto, cooperate with, aid and assist\nmunicipalities and state agencies in enforcing the laws affecting or\napplying to Lake George and the area lying within the park and undertake\nprojects to abate pollution and preserve water quality.\n  13. Take into consideration the cumulative impact upon all of the\nresources of the park in making any determination or taking actions\npursuant to the powers of this article.\n  14. Intervene in proceedings before state agencies including the\ndepartment and the Adirondack park agency on matters affecting the park.\n  15. Encourage individuals, corporations, associations, and\norganizations to preserve and enhance the natural scenic beauty of Lake\nGeorge and lands within the Lake George park.\n  16. Adopt, sponsor, and encourage the use of forms of deeds,\nagreements, covenants, and other legal documents by means of which\nowners of real property within the Lake George park may voluntarily\nprohibit, restrict, and control the use thereof for commercial purposes.\n  17. Encourage owners of real property within the Lake George park by\nwritten instruments to prohibit, restrict, or control voluntarily the\nuse of such real property for commercial purposes.\n  18. Acquire interests or rights in real property within the Lake\nGeorge park for the purpose of prohibiting, restricting, or controlling\nthe use of such real property for commercial purposes.\n  19. Establish rules, regulations, and procedures by or pursuant to\nwhich the commission may authorize or permit a necessary or desirable\nuse of land or prevent unnecessary hardship in an individual or\nparticular instance by altering or modifying in whole or in part any\nrestriction contained in any conveyance to or agreement with the\ncommission or which the commission has power to alter or modify.\n  20. Encourage, cooperate with, aid, and assist municipalities lying\nwholly or partly within the Lake George park in the preparation and\nadoption of zoning laws or ordinances and other local legislation\nprohibiting, restricting, regulating, or controlling the uses of real\nproperty for commercial purposes within the Lake George park.\n  21. Make maps and plans for proposed or permanent zones.\n  22. Establish as a proposed zone any area of land, exclusive of state\nor municipally owned land, lying within the Lake George park.\n  23. Alter, reduce, or extend any such proposed zone.\n  24. Establish as a permanent zone any area of land, exclusive of state\nor municipally owned land, lying within the Lake George park in which\nthe use of all real property for commercial purposes is (a) prohibited,\nor (b) restricted or controlled.\n  25. Alter or extend a permanent zone under the procedure applicable to\nthe original establishment of a permanent zone.\n  26. Enter upon any land, water, or premises within the Lake George\npark at reasonable times for the purpose of making surveys.\n  27. Cooperate with, aid, and assist municipalities and law enforcement\nagencies in enforcing laws affecting or applying to Lake George and the\narea lying within the Lake George park.\n  28. In cooperation with existing law enforcement agencies, arrange for\nthe appointment of patrolmen who, within the Lake George park, shall\nhave the powers set forth in section 71-0202 of this chapter in respect\nto the enforcement of all laws and local ordinances or laws pertaining\nto Lake George or the Lake George park. Pursuant to this subdivision,\nmembers and employees of the commission may be appointed patrolmen but\nif appointed shall serve without compensation. Such patrolmen shall have\nthe right to use sirens, display flags, or other identifying insignia\nand wear badges while engaged in law enforcement activities within the\nLake George park.\n  29. Promote the study of the history, historical significance, natural\nscience, and lore of Lake George and the area within the Lake George\npark and in cooperation with the Education Department to preserve the\nhistorical relics found in or near Lake George.\n  30. Encourage individuals, corporations, associations, organizations,\nand municipalities to protect and preserve the purity of the waters of\nLake George.\n  31. Establish advisory committees and enlist and accept the support\nand cooperation of organizations of property owners or others interested\nin promoting the purposes and objectives of this article.\n  32. Do all things necessary or convenient to carry out the powers\nexpressly granted by this article.\n