2023 New York Laws › ENV - Environmental Conservation › Article 52 - Implementation of Environmental Quality Bond Act of 1986 › Title 1 - General Provisions › 52-0101 - Definitions.

§ 52-0101. Definitions.
As used in this article the following terms shall mean and include:
1. "Commissioner" means the commissioner of environmental conservation
except  that  within and for the purposes of title nine of this article,
the term shall mean the commissioner of parks, recreation  and  historic
preservation.
2.  "Cost"  means the cost of an approved project, which shall include
engineering  and  architectural  services,  plans  and   specifications,
consultant  and  legal  services,  and other direct expenses incident to
such project less any federal assistance received or to be received  and
any other assistance from responsible parties or otherwise.
3. "Department" means the department of environmental conservation.
4. "Environmentally  sensitive lands project" means a state project to
preserve aquifer recharge areas, areas of exceptional scenic  beauty  or
exceptional  forest  character, open space, pine barrens, public access,
trailways, unique character, wetlands, and wildlife habitat, as  defined
below:
(a)  "Aquifer  recharge  area"  means  the location at which water can
enter an aquifer directly or indirectly.
(b) "Exceptional forest character"  means  forest  possessed  of  such
attributes  as  maturity  of  growth,  scientific  harvesting potential,
aesthetic appeal or recreational opportunity.
(c) "Exceptional  scenic  beauty"  means  land  forms,  water  bodies,
geologic  formations  and  vegetation  which  possess significant scenic
qualities or significantly contribute to scenic values.
(d) "Open space" means open or  natural  land  in  or  near  urban  or
suburban  areas  necessary  to  serve  the  scenic  or  recreation needs
thereof.
(e) "Pine barrens" means a natural community of such  biota  as  pitch
pine,  jack  pine,  and  scrub  oak which may be found associated with a
variety of natural resources.
(f) "Public access" means access to lands for  public  use,  including
stream rights and waterways.
(g)  "Trailways"  means recreational trails developed under guidelines
established for the development of a statewide trails system.
(h)  "Unique  character"  means  lands  of  special  natural   beauty,
wilderness  character, geological, ecological or historical significance
suitable for the state nature and historic preserve  and  similar  lands
within  a  forest  preserve  county  outside the Adirondack and Catskill
parks.
(i)  "Wetlands"  means  freshwater  wetlands  as  defined  in  article
twenty-four  of  this  chapter  and tidal wetlands as defined in article
twenty-five of this chapter.
(j)  "Wildlife  habitat"  means  specific  areas  essential  for   the
conservation  of threatened and endangered species which require special
management considerations or protection for maintenance of such species.
5. "Federal assistance" shall mean  funds  available,  other  than  by
loan, from the federal government, either directly or through allocation
by  the  state  for  construction  or  program  purposes pursuant to any
federal law or program.
6. "Forest preserve project" means a state project to acquire land  as
additions  to  the  forest preserve or to acquire conservation easements
created pursuant to title three of article forty-nine  of  this  chapter
within the Adirondack and Catskill parks.
7 "Governing body" means
(a) in the case of a town, a town board;
(b)  in  the  case  of  a  county outside of the city of New York, the
county board of supervisors or other elective governing body;
(c) in the case of a city  or  village,  the  local  legislative  body
thereof, as the term is defined in the municipal home rule law;
(d)  in  the  case  of  a  public  benefit  corporation,  the board of
directors, members or trustees thereof;
(e) in the case of a school district, the board of education thereof;
(f) in the case of a supervisory district, the  board  of  cooperative
educational services thereof.
8. "Hazardous waste" shall have the definition set forth in title nine
of article twenty-seven of this chapter.
9.  "Hazardous  waste  site remediation project" means the same as the
term "inactive  hazardous  waste  disposal  site  remedial  program"  as
defined in subdivision three of section 27-1301 of this chapter.
10. "Historic preservation project" means:
(a)  State  historic preservation projects. A state project undertaken
by the office of parks, recreation and historic preservation to improve,
restore or rehabilitate state historic properties listed on the state or
national registers of historic places to protect the historic,  cultural
or architectural significance thereof.
(b) Municipal historic preservation project. A project undertaken by a
municipality  to  improve,  restore  or  rehabilitate municipal property
listed on the state or national registers of historic places to  protect
the historic, cultural or architectural significance thereof.
(c)   Not-for-profit   historic   preservation   projects.  A  project
undertaken  by  a  not-for-profit  corporation  for   the   acquisition,
improvement,  restoration  or  rehabilitation  of property listed on the
state or national registers of historic places to protect the  historic,
cultural or architectural significance thereof.
11. "Landfill" means a disposal facility or part of one at which solid
waste,  or its residue after treatment, is intentionally placed in or on
land, at which solid waste will remain after closure, and which is not a
landspreading facility, a surface impoundment, or an injection well.
12. "Lands" mean lands, improvements and structures thereon or rights,
franchises, and  interests  therein,  lands  under  water  and  riparian
rights,  and  shall  also  mean any and all interests in lands less than
full title,  including  without  limitations,  easements,  permanent  or
temporary,  rights of way, uses, leases, licenses, and any other estate,
interests or rights in lands, legal or equitable.
13. "Municipal landfill closure project" means  activities  undertaken
to  close,  including  by reclamation, a landfill owned or operated by a
municipality to achieve compliance with regulations promulgated  by  the
department.
14.  "Municipal  park  project"  means  a  project  including an urban
cultural  park  undertaken  by  a  municipality  for  the   acquisition,
development  or  improvement of outdoor or indoor recreation facilities,
including,  but  not   limited   to   site   acquisition,   improvement,
construction,  reconstruction  and  improvement of structures, roads and
parking facilities.
15. "Municipality", except as otherwise defined within  this  article,
means  a  city,  county,  town,  village,  public benefit corporation or
school district or an improvement district within a city,  county,  town
or  village,  or  Indian  tribe  residing  within New York state, or any
combination thereof.
16. "Not-for-profit corporation" means a corporation  formed  pursuant
to  the  not-for-profit  corporation  law  and  qualified for tax-exempt
status under section 501(c)(3) of the federal internal revenue code.
17. "Office" means  the  office  of  parks,  recreation  and  historic
preservation.
18. "Solid waste" shall have the definition set forth for such term in
title seven of article twenty-seven of this chapter.
19. "Urban cultural park" shall have the definition set forth for such
term  in  title  G  of  article  thirty-one of the parks, recreation and
historic preservation law.