NY Env Conserv L § 54-0303 (2021)
2021 New York Laws ENV - Environmental Conservation Article 54 - Environmental Protection Act Title 3 - Open Space Land Conservation Projects 54-0303 - Open Space Land Conservation Projects.

§ 54-0303. 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.2. a. 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  in  urban  areas  or   metropolitan  park  projects  by  a  municipality,  or  a not-for-profit   corporation or unincorporated  association  which  demonstrates  to  the   commissioner's satisfaction that the future physical climate risk due to   sea  level rise, and/or storm surges and/or flooding, based on available   data  predicting  the  likelihood  of  future  extreme  weather  events,   including  hazard  risk analysis data if applicable, has been considered   and  the  municipality,  not-for-profit  corporation  or  unincorporated   association  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.b.  The  commissioner, pursuant to appropriation therefor and in order   to further the purposes of article forty-six of this chapter,  may  make   available  to  the  Albany Pine Bush preserve commission, established by   article forty-six of this chapter, moneys  for  the  operation  of  such   commission,  including the management of lands under the jurisdiction of   such commission  in  accordance  with  a  management  plan  prepared  as   specified in section 46-0111 of this chapter.3.  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  except  where  such   considerations have already been undertaken as part of an existing  plan   applicable to the newly acquired land.4. To the fullest extent practicable, it is the policy of the state to   promote   an   equitable   regional  distribution  of  open  space  land   conservation funds, consistent with the purpose of  this  title,  taking   into  account  regional  differences in real property values, ecological   resources and recreational opportunities.5. No project, which was not listed on the state land acquisition plan   as  of  the  effective  date  of  this  title,  shall  be  proposed  for   acquisition  by  the  state under this title, pursuant to the state land   acquisition plan, if any town, village  or  city  within  which  such  a   project is located, by resolution, within ninety days of notification by   the  state  of  its  interest in acquiring such project, objects to such   acquisition. Such objection shall be  transmitted  to  the  commissioner   through  the  regional  land  acquisition  advisory  committee and shall   prevent the state from undertaking such acquisition.6. No monies shall be expended for acquisition by  eminent  domain  of   any  open  space land conservation project except in accordance with the   state land acquisition policy set  forth  in  section  49-0203  of  this   chapter.7.  No  monies  shall  be  expended  for  open space land conservation   projects except pursuant to an appropriation therefor.