NY Env Conserv L § 9-1303 (2021)
2021 New York Laws ENV - Environmental Conservation Article 9 - Lands and Forests Title 13 - Forest Insect and Disease Control 9-1303 - Forest Insects and Other Forest Tree Diseases.

§ 9-1303. Forest insects and other forest tree diseases.For the purpose of control and preventing the spread of forest insects   and  forest  tree  diseases  (except white pine blister rust and currant   rust, covered by section 9-1301) the following provisions shall apply:1. The department may enter into cooperative agreements with any other   state, the federal government, any  foreign  government,  any  municipal   subdivision  of New York state or private individuals in order to obtain   proper working agreements.2. The department may accept and expend gifts of money for control and   prevention work.3. The department may conduct necessary investigations for the purpose   of discovering better methods of control  or  prevention  of  spread  of   forest  insects  and  forest  tree diseases either within or without the   state.4. Duly authorized agents of the department may enter upon  any  lands   for  the purpose of determining if such property is infested with forest   insects or forest tree diseases, and the extent of such infestation.5. The department shall have  the  authority  by  order  to  establish   quarantine  districts in any part or parts of the state, and to prohibit   the movement of materials which  may  be  harboring  forest  insects  or   forest  tree  diseases in any of their different forms. On the making of   such an order, the department shall cause a certified copy of  the  same   to  be filed in the office of the clerk of each county, affected by such   quarantine, and shall give such other notice  thereof  as  it  may  deem   necessary. Such order shall be effective on and after the tenth day from   the filing thereof.6.  The department shall have discretionary authority to poison forest   areas in or near sections  infested  by  insect  pests  or  forest  tree   diseases.7.  The  department  may take steps to establish barrier or protective   zones for the purpose of preventing the  spread  of  forest  insect  and   disease  pests,  and  in  so doing shall have the authority and right to   enter upon private  lands  for  this  purpose,  and  thereon  make  such   modifications  in  the  composition  of the forest growth as it may deem   necessary. In such barrier or protective zones trees or other vegetation   may be sprayed,  cut,  destroyed,  or  otherwise  treated  when  in  the   judgment  of the department, the same may be necessary, but the owner of   the property shall be entitled to a just compensation  for  damage  done   through  the  acts  of such agents, except that no compensation shall be   paid for the destruction of infested trees.8. The department shall have power to ascertain the amount  of  damage   done  upon  lands  of  private  owners  by the acts of the agents of the   department in establishing and maintaining barrier zones, by  having  an   agent of the department appraise the same. If the owner is not satisfied   with the amount of damage as fixed by such appraisal, he may, within six   months  after  service  upon  him  of  a copy of such appraisal, take an   appeal  therefrom  to  the  Court  of  Claims,  which  court  is  hereby   authorized  to pass upon the questions involved and determine the amount   due such owner.9. The department may by order make rules  and  regulations  governing   any and all operations designed for the purpose of preventing the spread   of  or  for  the  purpose  of controlling forest insects and forest tree   diseases, their pupae,  eggs  and  caterpillars,  and  plants  or  trees   infested  by  them,  all of which are hereby declared a public nuisance.   Such rules and regulations shall become effective in any county  on  and   after the tenth day from the filing of a certified copy in the office of   the clerk of that county. 10.  No  action  for trespass shall lie on account of entry on private   lands by an agent of the  department  for  the  exercise  of  any  power   authorized by this section.11. No person shall wilfully resist or obstruct the work of any agents   duly  employed  by  the department, engaged in the suppression of forest   insects or forest tree diseases.12. The department shall have  the  authority  to  incur  expenses  in   connection  with  the training of persons at points outside of the state   of New York, if the same is deemed by it necessary.