NY Env Conserv L § 15-3303 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 33 - Source Water Protection Projects 15-3303 - Land Acquistion Projects for Source Water Protection.

§ 15-3303. Land acquisition projects for source water protection.1.  The  commissioner  is  authorized  to  provide state assistance to   municipalities,  not-for-profit  corporations   and   soil   and   water   conservation districts to undertake land acquisition projects for source   water  protection, in cooperation with willing sellers. Land acquisition   projects for source water protection shall support,  expand  or  enhance   drinking   water  quality  protection,  including  but  not  limited  to   aquifers, watersheds, reservoirs, lakes, rivers and streams.2. a. Any  buffer  encumbered  by  a  conservation  easement  acquired   pursuant  to  this  section  that  encumbers  lands used in agricultural   production as defined in section three hundred one  of  the  agriculture   and  markets  law  in  a  county designated state certified agricultural   district created under section three hundred three  of  the  agriculture   and  markets  law  may  allow  agricultural activity that qualifies such   lands, provided such activity on such lands  does  not  impair  drinking   water and complies with an agricultural environmental management program   plan  developed  by  the state soil and water conservation committee, in   partnership with the department.b. Notwithstanding any limitations provided herein on  lands  acquired   pursuant to this title a license or easement may be granted by the owner   of such property to a public utility for a public purpose.3. In evaluating land acquisition projects for source water protection   pursuant to this section, the department shall give priority to projects   which   protect  or  recharge  drinking  water  sources  and  watersheds   including riparian buffers and wetlands.4. a. No state assistance may be provided pursuant to this section  to   fund  any land acquisition project which is undertaken by eminent domain   unless such process is undertaken with a willing seller.b. The department shall not provide funding pursuant to this title for   any  land  acquisition  project  for  source  water  protection   by   a   not-for-profit  corporation,  if  any town, village or city within which   such a  project  is  located,  by  resolution,  within  ninety  days  of   notification  by  such  corporation  of  its  interest in acquiring such   projects, objects to such acquisition.5. Consistent with section eleven-b of the soil and water conservation   districts law, the soil and water conservation committee in consultation   with the commissioner  of  agriculture  and  markets  is  authorized  to   provide  state assistance payments to county soil and water conservation   districts, within amounts appropriated, for  land  acquisition  projects   for  source  water  protection  projects  to  support, expand or enhance   drinking  water  quality  protection,  including  but  not  limited   to   aquifers,  watersheds,  reservoirs,  lakes,  rivers  and  streams.  Such   committee shall give priority to projects which establish  buffers  from   waters which serves as or are tributaries to drinking water supplies for   such projects using state assistance pursuant to this section.6.   Real   property   acquired,   developed,  improved,  restored  or   rehabilitated by or through a municipality or not-for-profit corporation   with funds made available pursuant to this  title  shall  not  be  sold,   leased,  exchanged,  donated  or otherwise disposed of or used for other   than the public purposes of this title without the express authority  of   an  act  of the legislature, which shall provide for the substitution of   other lands of equal environmental  value  and  fair  market  value  and   reasonably   equivalent   usefulness   and   location  to  those  to  be   discontinued, sold or disposed of, and such other requirements as  shall   be approved by the commissioner.7. If the state acquires a real property interest in land purchased by   a  municipality  or not-for-profit with funds made available pursuant to   this title, the state shall pay the fair market value of  such  interest    less  the  amount  of  funding  provided  by  the state pursuant to this   section.8. To the fullest extent practicable, it is the policy of the state to   promote an equitable regional distribution of funds, consistent with the   purpose of this section.