NY Env Conserv L § 56-0307 (2021)
2021 New York Laws ENV - Environmental Conservation Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 Title 3 - Clean Water Projects 56-0307 - Open Space Land Conservation Projects.

§ 56-0307. 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, in cooperation with willing sellers.   In  undertaking  projects,  the  respective  commissioner   shall   give   consideration  to  the plan prepared pursuant to section 49-0207 of this   chapter.  Projects  shall  develop,  expand  or  enhance  water  quality   protection  or  public access to water bodies, including but not limited   to coastlines, aquifers, watersheds, lakes, rivers and streams.2. Projects which are not identified in  the  state  land  acquisition   plan  prepared  pursuant to section 49-0207 of this chapter shall not be   proposed for acquisition by the state under this section  if  any  town,   village, or city within which such project is located notifies the state   of   its   objection  to  such  acquisition.  Such  objection  shall  be   transmitted by resolution within ninety days of the notification by  the   state  of  its  interest  in such acquisition to the commissioner of the   office  of  parks,  recreation  and  historic  preservation  and   shall   effectively prevent the state from undertaking such acquisition.3.  The  commissioner  or  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   outside  the  Adirondack  or  Catskill Parks undertaken pursuant to this   section  by   a   municipality,   a   not-for-profit   corporation,   or   unincorporated  association  which  demonstrates  to  the commissioner's   satisfaction that it 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.4.  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  pursuant to this section   except where such considerations have already been undertaken as part of   any existing plan applicable to the newly acquired land.5. The commissioner  of  agriculture  and  markets  is  authorized  to   provide  state  assistance  payments to county agricultural and farmland   protection boards, or to municipalities provided the proposed project is   endorsed for funding by the agricultural and farmland  protection  board   for  the county in which the municipality is located, for implementation   of projects identified in agricultural protection plans pursuant to  the   program  as  set forth in article twenty-five-AAA of the agriculture and   markets law.