reglab/statecodes huggingface dataset:
2023 New York Laws › ENV - Environmental Conservation › Article 43 - Lake George Park Commission › 43-0111 - Commercial Use in Zones.

§ 43-0111. Commercial use in zones.
On  and  after  (a)  the  establishment, alteration, or extension of a
  permanent zone, (b) the filing of the order establishing,  altering,  or
  extending  such  zone, together with the map and description thereof, in
  the office of the clerk of each county in which such  zone  is  located,
  (c)  the  recording  in  the  appropriate  county  clerk's office of the
  written instruments by which the use for commercial purposes of all real
  property in such zone is prohibited, restricted, or controlled, and  (d)
  notice  of  the establishment, alteration, or extension of such zone has
  been published four times in a newspaper having general  circulation  in
  the  area  in  which  such zone is located, no real property within such
  zone shall be used for  commercial  purposes  except  as  authorized  or
  permitted by the terms of the order establishing, altering, or extending
  such  zone  or  as  authorized or permitted pursuant to subdivision 5 of
  section 43-0107 of this article.
2023 New York Laws › ENV - Environmental Conservation › Article 43 - Lake George Park Commission › 43-0113 - Appropriations by Municipalities in Certain Counties.

§ 43-0113. Appropriations by municipalities in certain counties.
The  governing  body  of  any  municipality  in the counties of Essex,
  Warren or  Washington  may  raise,  appropriate  and  pay  over  to  the
  commission  moneys  to  be  expended  by  the  commission for any of the
  purposes hereof.
2023 New York Laws › ENV - Environmental Conservation › Article 43 - Lake George Park Commission › 43-0117 - Operation of Ferries and Certain Other Boats, Barges and Vessels Restricted.

§ 43-0117. Operation  of  ferries  and  certain  other boats, barges and
vessels restricted.
1. No person, partnership, or corporation shall  operate  a  ferry  or
  other  boat  transporting  motor  vehicles  on the waters of Lake George
  without first obtaining a permit for such operation from the Lake George
  park commission.
2. No person, partnership or corporation shall operate a  night  club,
  restaurant,  dance  hall  or  other place of amusement, or engage in the
  business of selling or offering for sale any kind of food or beverage on
  or from a boat, barge or vessel on the waters  of  Lake  George  without
  first  obtaining  a  permit for such operation from the Lake George park
  commission. The provisions of this subdivision shall not  apply  to  any
  such operation in existence prior to January 1, 1963.
3.  No person, partnership or corporation shall operate, propel or tow
  a boat, barge, vessel or other floating object used as, or as a  vehicle
  for,  an  advertising  sign  or  advertising  structure or device on the
  waters of Lake George without first obtaining a permit therefor from the
  Lake George park commission.
4. In order to protect and preserve the water quality of Lake  George,
  to provide reasonable public access to Lake George without overcrowding,
  congestion  or  safety  hazards,  and  to  protect the resources of Lake
  George, the commission shall,  consistent  with  the  purposes  of  this
  article, promulgate regulations relative to the permitting of boats, the
  registration  and  the  regulation  of  docks,  wharfs and moorings, the
  regulation of marinas, the limits of speed and sound on Lake George, the
  regulation of recreational activities such as regatta-type events, water
  skiing, parasailing and other similar activities, and the regulation  of
  tour  boats,  boat  rentals  and  other rental activities. Following the
  promulgation of such regulations: (a)  no  person  shall  construct  any
  dock,  wharf,  mooring,  marina or put any such structure to use without
  first obtaining a permit from the commission, and (b)  no  person  shall
  operate  any boat or vessel, or undertake any regulated activity without
  complying  with  such  regulations  and  obtaining  a  permit  from  the
  commission, if required.
5.  To  effectuate the purposes enumerated in subdivision four of this
  section, pending adoption by the commission  of  rules  and  regulations
  relative  to the registration and regulation of docks, wharfs, moorings,
  and marinas, the provisions of part 646 of Title VI of the codes,  rules
  and  regulations  of the state of New York shall be continued; provided,
  however, that such regulations shall be administered by the commission.
2023 New York Laws › ENV - Environmental Conservation › Article 43 - Lake George Park Commission › 43-0119 - Land Use Restrictions Within Lake George Park.

§ 43-0119. Land use restrictions within Lake George park.
1.  No  real  property  lying within the boundaries of the Lake George
  park shall be used for the operation of a junk  yard,  automobile  grave
  yard,  second-hand  automobile  parts  yard,  automobile service station
  selling  petroleum  products  or  repairing  motor   vehicles,   circus,
  carnival,  shooting  gallery, outdoor drive-in theatre, commercial dance
  hall, slaughter house, house trailer camp, trailer  court,  campsite  or
  similar   use   operated  for  commercial  purposes  in  which  dwelling
  facilities are normally occupied for temporary periods, public  dump  or
  public  dumping  ground,  boarding  stable  or  business offering riding
  horses for hire without a permit therefor  having  been  first  obtained
  from  the village within which such real property is located, or if such
  real property is not located within a  village,  from  the  town  within
  which such real property is located.
2.  No such permit shall be granted by any village or town board until
  after a public hearing has been held on the application therefor. Such a
  public hearing  shall  be  held  only  after  notice  thereof  has  been
  published  in  a newspaper having general circulation in such village or
  town at least ten days before such hearing and notice thereof  has  been
  served  on the department, Lake George park commission and all owners of
  real property within  five  hundred  feet  of  the  premises  for  which
  application  for  such  permit  is  made  at  least ten days before such
  hearing.
3. The village or town board, in granting or denying  any  application
  for such a permit shall consider:
a.  the  statements made in the application for such permit, all facts
  presented at such hearing and other facts known to such board,
b. the effect of the proposed use on the general welfare,  safety  and
  health of the public and on the general welfare of the municipality,
c. the character of the area in which the real property is located,
d.  the  suitability  of the real property for the use proposed in the
  application,
e. whether the proposed use is consistent with the purposes and intent
  of this article,
f. whether the real property lies within a zone or  proposed  zone  in
  which the proposed use is or is proposed to be prohibited, and
g.  whether  the  proposed  use  is  consistent with standards for the
  granting or denying of applications for such permits established by such
  boards in furtherance of the purposes of this article.
4. The action of a village or  town  board  granting  or  denying  any
  application for such a permit shall be reviewable pursuant to article 78
  of the Civil Practice Law and Rules.
5. The board of trustees of such a village or the town board of such a
  town  may fix reasonable fees for the making of applications for permits
  pursuant to this section and reasonable fees for the  issuance  of  such
  permits.
2023 New York Laws › ENV - Environmental Conservation › Article 43 - Lake George Park Commission › 43-0121 - Compliance With Sewage Disposal Requirements.

§ 43-0121. Compliance with sewage disposal requirements.
1.  Where  a provision of this chapter, or rules or regulations issued
  pursuant thereto, or the  Public  Health  Law  or  state  sanitary  code
  requires  that the sewage disposal facilities of a building or structure
  proposed to be erected  or  constructed  comply  with  the  requirements
  thereof,  no such building or structure shall be erected, constructed or
  thereafter occupied within  the  boundaries  of  the  Lake  George  park
  without  a  permit  therefor having been first obtained from the village
  within which the real property on which it is to be erected, constructed
  or thereafter occupied is located, or  if  such  real  property  is  not
  located  within a village, from the town within which such real property
  on which it is to be erected,  constructed  or  thereafter  occupied  is
  located.
2. No such permit for erection or construction shall be granted by any
  such village or town board until the applicant therefor has obtained the
  approval  required  under  the  provisions  of this chapter, or rules or
  regulations issued pursuant thereto, or under the Public Health  Law  or
  state sanitary code and no such permit for occupancy shall be granted by
  any such village or town board until the applicant therefor has obtained
  the  approval required under the provisions of this chapter, or rules or
  regulations issued pursuant thereto, or under the Public Health  Law  or
  state sanitary code.
3.  The  board of trustees of such a village or a town board of such a
  town may fix reasonable fees for such permits and may each delegate  its
  power  to issue such permits to an officer or employee of the village or
  town, as the case may be.
4. The action of a village or town board, or of an authorized  officer
  or  employee  thereof, in granting or denying any application for such a
  permit shall be reviewable pursuant to article 78 of the Civil  Practice
  Law and Rules.
5.  Such a village board of trustees, town board, the Lake George park
  commission or any voter or taxpayer of the village or town in which such
  a building or structure is located shall  have  the  right  to  bring  a
  proceeding   to  enjoin  the  construction,  continued  construction  or
  occupancy of any building or structure which is erected, constructed  or
  occupied without compliance with the requirements of this section.
2023 New York Laws › ENV - Environmental Conservation › Article 43 - Lake George Park Commission › 43-0123 - Environmental Review.

§ 43-0123. Environmental review.
Notwithstanding  any other provision of law, rule or regulation to the
  contrary, the commission shall be  deemed  to  be  a  state  agency  for
  purposes  of  article  8  of  this  chapter.  The commission shall offer
  assistance to local agencies within the park regarding implementation of
  such article.
2023 New York Laws › ENV - Environmental Conservation › Article 43 - Lake George Park Commission › 43-0125 - Regulatory and User Fees.

§ 43-0125. Regulatory and user fees.
1.  The  legislature finds that comprehensive environmental regulatory
management and conservation within the Lake George park are essential to
protect an important part of the environmental resources  of  the  state
and  the  public  health and welfare. It further declares that regulated
entities and users of the unique resources of Lake  George  park  should
bear  a  significant  portion of the costs of regulation, management and
conservation  activities  which  assure  the  protection  and  continued
beneficial use of the resources of the park.
2.  The  following annual fees to be paid to the commission are hereby
established:
(a) Dock, wharf and mooring fees.  The  owner  of  a  dock,  wharf  or
mooring  within  the  park  used for non-commercial residential purposes
shall pay an annual fee of fifty dollars. The owner of a dock  or  wharf
within  the park used for commercial purposes shall pay an annual fee of
five dollars per linear foot for each such dock. The owner of a  mooring
used  for  commercial  purposes  shall  pay an annual fee of one hundred
dollars for each mooring. New docks constructed for commercial use after
the effective date of this section shall pay a first  time  fee  of  ten
dollars  per  linear  foot  and  five  dollars  per linear foot annually
thereafter.
(b) Boat fees. In addition to the registration required by the  state,
any  mechanically  propelled  boat or vessel with ten horsepower or more
used  on  Lake  George  shall  have  an  annual  permit  issued  by  the
commission.  The  fee  therefor  for boats twenty feet or less in length
overall shall be forty dollars; for boats twenty-one to twenty-five feet
in length overall, fifty dollars; and for boats over twenty-five feet in
length overall, fifty dollars plus seven dollars  and  fifty  cents  for
each  foot  by  which  the  length overall exceeds twenty-five feet; for
boats over twenty-five feet in length overall  outfitted  for  overnight
use,  fifty  dollars  plus  thirty  dollars  for  each foot by which the
overall length exceeds twenty-five feet. The commission may establish  a
one  week  use permit for twenty dollars. The commission may establish a
one day use permit for twelve dollars  for  any  mechanically  propelled
boat or vessel with ten horsepower or more.
3.  The  commission  may  charge a fee to an applicant for a permit in
order to recover the costs incurred in  reviewing  and  acting  upon  an
application for such permit.
4. Except as otherwise provided by law, all fees collected pursuant to
this  section  shall  be deposited to the credit of the Lake George park
trust fund pursuant to section ninety-seven-h of the state finance law.
2023 New York Laws › ENV - Environmental Conservation › Article 44 - Hudson River Valley Greenway › 44-0101 - Legislative Intent.

§ 44-0101. Legislative intent.
The Hudson river valley region possesses unique scenic beauty, natural
  and  cultural  resources  of  state  and  national significance. Efforts
  including the creation of a state  management  program  for  the  Hudson
  estuarine district and fishery, establishment of the heritage task force
  for  the  Hudson  river  valley,  establishment of five state designated
  urban cultural parks in the valley and the preparation of numerous local
  government waterfront revitalization programs in the  valley  have  been
  undertaken  in recent years to protect and enhance the special places of
  scenic, cultural and ecological importance. It is the intention  of  the
  legislature  that  these efforts be continued and strengthened under the
  cooperative program of the Hudson river  valley  greenway  in  order  to
  continue  and  advance  the  state's  commitment  to  the  preservation,
  enhancement and  development  of  the  world-renowned  scenic,  natural,
  historic, cultural and recreational resources of the Hudson river valley
  while  continuing  to  emphasize  economic  development  activities  and
  remaining consistent with the tradition of municipal home rule.
2023 New York Laws › ENV - Environmental Conservation › Article 44 - Hudson River Valley Greenway › 44-0103 - Definitions.

§ 44-0103. Definitions.
As  used in this article, the following words and terms shall have the
  following meanings unless the context  indicates  another  or  different
  meaning or intent:
1.  "Hudson  river  valley" shall mean the areas of Bronx and New York
  counties designated pursuant to section 44-0109  of  this  article,  the
  counties  of  Westchester,  Rockland,  Putnam, Orange, Dutchess, Ulster,
  Columbia, Greene, Albany, Rensselaer, Saratoga and Washington, excluding
  any area of Greene county  within  the  Catskill  park,  as  defined  in
  subdivision two of section 9-0101 of this chapter.
2. "Compact"  or  "greenway  compact"  shall mean the overall greenway
  plan adopted by the council pursuant to section 44-0119 of this article.
3. "Conservancy" or "greenway heritage  conservancy"  shall  mean  the
  greenway  heritage  conservancy  for  the  Hudson river valley, a public
  benefit corporation, reestablished pursuant to section 44-0111  of  this
  article.
4. "Council"  shall  mean the Hudson river valley greenway communities
  council reenacted pursuant to section 44-0105 of this article.
5. "Countryside" shall mean the cities, towns and villages within  the
  greenway which do not border the Hudson river.
6. "Greenway  criteria"  or "criteria" shall mean natural and cultural
  resource protection, regional  planning,  economic  development,  public
  access  and heritage environmental education identified as the basis for
  attaining the goal of a Hudson river valley greenway.
7. "Greenway" shall mean the  area  designated  as  the  Hudson  river
  valley greenway pursuant to section 44-0109 of this article.
8.  "Greenway  districts"  or  "districts"  shall  mean  areas made of
  neighboring communities  within  the  greenway  and  designated  by  the
  council for the purpose of regional planning.
9. "Greenway trail" or "trail" means the trail established pursuant to
  section 44-0121 of this article.
10. "Participating  community"  shall  mean  a  county,  city, town or
  village which has adopted the regional plan for its district pursuant to
  section 44-0119 of this article.
11. "Riverside" shall mean the cities, towns and villages  within  the
  greenway which border the Hudson river and shall include the city of New
  York,  with  respect  to areas of Bronx and New York counties designated
  pursuant to section 44-0109 of this article.
12. "Chief elected  official  of  a  county"  shall  mean  the  county
  executive,   or  if  there  is  none,  the  chairman  of  the  board  of
  supervisors, or if there  is  neither,  any  other  officers  possessing
  similar powers and duties.
13.   "Fund"   shall  mean  the  Hudson  river  valley  greenway  fund
  established in section ninety-seven-n of the state finance law.
2023 New York Laws › ENV - Environmental Conservation › Article 44 - Hudson River Valley Greenway › 44-0109 - Designation.

§ 44-0109. Designation.
The  Hudson  river valley greenway is hereby designated to include the
  counties,  including  all  cities,  towns  and  villages   therein,   of
  Westchester,  Rockland,  Orange,  Putnam,  Dutchess,  Ulster,  Columbia,
  Greene,  Albany,  Rensselaer,  Saratoga  and  Washington;  provided  the
  greenway shall not include any area of Greene county within the Catskill
  park as defined in subdivision two of section 9-0101 of this chapter. In
  addition,  in  the city of New York the greenway shall include the areas
  of Bronx and New York counties that are  both  adjacent  to  the  Hudson
  River  and  included as of the effective date of this section within the
  boundaries of such city's  waterfront  revitalization  program  prepared
  pursuant  to article forty-two of the executive law. For purposes of the
  powers and duties of the council and conservancy  regarding  the  Hudson
  river  valley, such powers and duties shall be limited to the geographic
  area of the greenway as designated in this section.
2023 New York Laws › ENV - Environmental Conservation › Article 44 - Hudson River Valley Greenway › 44-0117 - Hudson River Valley Geographic Information Systems.

§ 44-0117. Hudson river valley geographic information systems.
The  conservancy  shall continue, update and maintain the Hudson river
  valley geographic information  system  and  make  available  information
  therefrom  to  counties, cities, towns and villages within the greenway.
  The conservancy may charge a fee for such information to cover the  cost
  of providing the information.
2023 New York Laws › ENV - Environmental Conservation › Article 44 - Hudson River Valley Greenway › 44-0121 - Greenway Trail.

§ 44-0121. Greenway trail.
1.  The  conservancy  shall  designate  and  develop  or  cause  to be
  developed a  trail  or  pathway  system  consistent  with  the  greenway
  criteria  connecting the city of New York from the southernmost boundary
  of the area designated as the greenway to the Erie canal lock  two  park
  in  the  town  of  Waterford,  Saratoga county to be known as the Hudson
  river valley greenway trail. To  the  fullest  extent  practicable,  the
  trail shall:
a.  be located with direct physical or, if not physical, visual access
  to the Hudson river;
b. be planned for both sides of the Hudson river;
c. have segments that can be restricted to non-motorized use;
d.  utilize  existing  heritage  trails,  bikeways,  scenic  highways,
  railroad  rights  of  way and esplanades and make connections with other
  trails including trails along tributaries of the Hudson river;
e. highlight  and  link  existing  parks,  urban  cultural  parks  and
  historic sites;
f.  provide  for  interpretive signage and opportunities to experience
  the unique natural and cultural heritage of the valley;
g. reflect the natural and cultural diversity;
h. involve state and local agencies and private organizations  in  the
  planning, development and maintenance of the trail of the greenway;
i.   use  the  services  of  local  school  districts  and  the  youth
  conservation corps to participate in trail development and maintenance;
j. have segment management plans prepared  for  each  segment  of  the
  trail to assure uniform maintenance and upkeep; and
k.  have  connections  to  pathways  that  highlight the character and
  resources of the countryside communities.
2. The greenway trail to the extent practicable shall be completed  on
  or  before  June first, two thousand five; provided that the conservancy
  shall submit a plan for the trail to the governor and legislature within
  twenty-four months of the effective date of this section  and  shall  to
  the  extent  practicable  dedicate  and open significant sections of the
  trail on or before June first, two  thousand.  Planning  for  the  trail
  shall  commence with the council and the conservancy sponsoring a Hudson
  river valley greenway trail symposium to prepare a plan  of  action  for
  the  planning  and  development  of  the trail. Representatives of local
  governments  in  the  greenway,  interested   nonprofit   organizations,
  representatives  of  the  state  and  federal  government,  planners and
  landscape architects along with any other interested  parties  shall  be
  invited to participate in the symposium.
3.  The  department  and  the office of parks, recreation and historic
  preservation, the department of transportation and the office of general
  services are hereby authorized and directed to support and assist in the
  planning and development of the trail.
2023 New York Laws › ENV - Environmental Conservation › Article 45 - State Nature and Historical Preserve Trust › 45-0101 - Declaration of Findings and Purpose.

§ 45-0101. Declaration of findings and purpose.
The overwhelming approval by the people of section 4 of article XIV of
  the  Constitution,  clearly demonstrates the public awareness and desire
  to preserve the great natural resources and heritage of the state.
Accordingly, the legislature now finds it necessary to provide  for  a
  state  nature and historical preserve to assure the protection of lands,
  outside  of  forest  preserve  counties,  of  special  natural   beauty,
  wilderness   character   or   geological,   ecological,   or  historical
  significance so that present and  future  generations  may  share  their
  ecological, educational and recreational value.
Lands  dedicated  to  the  preserve  shall include only those lands in
  state ownership  in  need  of  the  highest  level  of  protection.  The
  dedication of ecologically significant lands to the preserve is intended
  for  unique  and  irreplaceable  state-owned  lands  that are relatively
  undisturbed and not presently  being  actively  managed  through  modern
  forest management practices, including old-growth forests.
2023 New York Laws › ENV - Environmental Conservation › Article 45 - State Nature and Historical Preserve Trust › 45-0105 - Definitions.

§ 45-0105. Definitions.
As  used  or  referred  to  in this article unless a different meaning
  clearly appears from the context:
1. The term  "trust"  shall  mean  the  state  nature  and  historical
  preserve trust continued by section 45-0107 of this article.
2.  The  term  "trustee"  shall mean the commissioner of environmental
  conservation.
3. The term "real property" shall mean  lands  and  waters,  including
  improvements  thereon, structures, and hereditaments, title to which may
  be in fee simple absolute or any  lesser  interest,  including  but  not
  limited  to,  easements, rights of way, uses, leases, licenses and every
  estate, interest or right, legal or equitable.
4. The term "preserve" shall mean  the  state  nature  and  historical
  preserve,  as  referred  to  in  section  4  of article XIV of the State
  Constitution.
5. The term "lands of ecological significance" shall mean  state-owned
  lands  and  waters that harbor plants, animals or ecological communities
  that are rare in New York state or exemplary occurrences of more  common
  ecological  communities.  For  the  purposes  of  this article, the term
  "exemplary   occurrences   of   an   ecological   community"   means   a
  representative,  high  quality  example  of a given ecological community
  type, characterized by a distinctive assemblage of interacting plant and
  animal populations, including old-growth forests.
6. The term "old-growth forest" shall mean a parcel of  at  least  ten
  acres  which  includes  all  of  the  following:  an  abundance  of late
  successional tree species, at least one hundred eighty  to  two  hundred
  years  of  age  in  a contiguous forested landscape that has evolved and
  reproduced itself naturally, with the capacity  for  self  perpetuation,
  arranged  in a stratified forest structure consisting of multiple growth
  layers throughout the canopy and forest  floor,  featuring  canopy  gaps
  formed   by  natural  disturbances  creating  an  uneven  canopy  and  a
  conspicuous absence of multiple stemmed trees and  coppices.  Typically,
  old-growth  forest  sites  also are characterized by an irregular forest
  floor containing an abundance of coarse woody materials which are  often
  covered  by  mosses and lichens, show limited signs of human disturbance
  since European settlement, have  distinct  soil  horizons  that  include
  definite  organic,  mineral,  alluvial  accumulation, and unconsolidated
  layers, and have an understory that displays well developed and  diverse
  surface herbaceous layers.
2023 New York Laws › ENV - Environmental Conservation › Article 45 - State Nature and Historical Preserve Trust › 45-0111 - Functions, Powers and Duties.

§ 45-0111. Functions, powers and duties.
The  trustee  shall have the duty of assisting the legislature and the
  governor in implementing the policy of the state as set forth in section
  4 of article XIV of the State Constitution, and in order  to  carry  out
  such purposes he shall have the following functions, powers and duties:
1.  To  recommend  to the Governor and legislature real property to be
  included in the preserve. In making such  recommendations,  the  trustee
  shall  first find that such real property qualifies for inclusion in the
  preserve  because  of  its  natural  beauty,  wilderness  character,  it
  contains  old-growth  forest,  or  is of other geological, ecological or
  historical  significance.  Such  recommendation  shall  include,   where
  appropriate,   the  estimated  value  or  cost  of  the  real  property,
  justification for its inclusion  in  the  preserve,  and  provision  for
  management,  care,  custody  and  control of the real property. When the
  trustee identifies a parcel of state land which  may  be  an  old-growth
  forest,  the  trustee  shall  evaluate  the  parcel, and if it meets the
  criteria of an old-growth forest, recommend the parcel  be  included  in
  the  preserve.  When  the  trustee  recommends property be placed in the
  preserve to protect old-growth forest, such recommendation shall include
  provisions  that  the  old-growth  forest  be  protected  with   minimum
  management  or  disturbance  that  only  considers  passive recreational
  opportunities  with  no  construction  of  public  amenities.  In  those
  provisions,  the  protection  of  the  old-growth  forest  from invasive
  species and diseases may be considered. Such real property may  include,
  but  not  be limited to real property presently owned in the name of the
  state, unconditional or conditional grants, gifts and  bequests  to  the
  state of real property, and real property recommended by the trustee for
  acquisition.
2.  To  prepare  and  submit  an annual report to the Governor and the
  legislature on or before February first on the activities of the trust.
3. To undertake research and studies  related  to  activities  of  the
  trust.
4. To maintain a current inventory of all real property which has been
  dedicated to the preserve.
5.  To  request  any state agency to render assistance in carrying out
  the purposes of this article. Any state agency is authorized  to  render
  such assistance to the trustee.
6.  To  make  such  rules and regulations as the trustee may determine
  necessary for the purposes  of  properly  carrying  out  his  functions,
  powers  and  duties,  and  to  do all things necessary or convenient for
  carrying out the foregoing functions.
2023 New York Laws › ENV - Environmental Conservation › Article 45 - State Nature and Historical Preserve Trust › 45-0113 - Acquisition and Dedication of Real Property.

§ 45-0113. Acquisition and dedication of real property.
1.  For  the  purposes  of  this  article,  the  department  may, when
  authorized by an act of the legislature, and when  funds  are  available
  therefor, acquire in the name of the people of the state of New York fee
  title  or  any  lesser  interest  in  real  property  by  any  method of
  acquisition, including, but not limited to, appropriation, condemnation,
  purchase, conditional or  unconditional  gift,  bequest  or  devise,  in
  accordance with any powers of the department to acquire real property.
2.  Only  real  property  owned by the state or real property acquired
  under this article or sections 51-0705, 52-0701 or 52-0901, or  articles
  fifty-four  and fifty-six of this chapter, or real property dedicated to
  the Albany Pine Bush preserve pursuant  to  article  forty-six  of  this
  chapter  may  be  dedicated  for  the  purposes  of  this  article. Such
  dedication may be effected only by law.
2023 New York Laws › ENV - Environmental Conservation › Article 46 - Albany Pine Bush Preserve Commission › 46-0101 - Legislative Declaration and Intent.

§ 46-0101. Legislative declaration and intent.
The pitch pine-scrub oak barrens or pine barrens in the city of Albany
  and towns of Guilderland and Colonie and known as the "Albany Pine Bush"
  or "Pine Bush" is a landscape of rare and endangered natural communities
  and  species  identified  by  the New York natural heritage program. Its
  location at the center  of  a  major  urban  area  makes  it  especially
  valuable  as  an  open  space  resource  and,  if properly managed, as a
  passive recreation area and educational laboratory.
Both state, municipal and private actions have been taken  to  protect
  the  remaining Albany Pine Bush. Because of the fragile qualities of the
  Pine Bush and its dependence on periodic fires,  effective,  coordinated
  management of the remaining Albany Pine Bush is essential.
The  legislature  hereby  declares  it to be in the public interest to
  protect and manage the Albany Pine Bush by establishing an  Albany  Pine
  Bush  preserve consisting of dedicated public and dedicated private land
  and  a  commission  made  up  of  representatives  of  state  and  local
  governments  and private citizens to manage the preserve for purposes of
  its protection and controlled and appropriate recreation  and  education
  purposes.
2023 New York Laws › ENV - Environmental Conservation › Article 46 - Albany Pine Bush Preserve Commission › 46-0103 - Definitions.

§ 46-0103. Definitions.
As used in this article:
1.  "Albany  Pine Bush preserve" or "preserve" shall mean lands in the
  city of Albany and towns of Guilderland and Colonie  in  the  county  of
  Albany  characterized  by  the  growth of pitch pine and scrub oak, pine
  barrens, vernal ponds and/or  the  presence  of  sand  dunes  which  are
  dedicated  for  protection and beneficial public use pursuant to section
  46-0107 of this article. Land which lacks such  physical  or  vegetative
  characteristics  may  be  dedicated  pursuant to section 46-0107 of this
  article as a protective or buffer zone for  other  dedicated  lands,  or
  otherwise supports the management of the preserve.
2.  "Albany  Pine Bush preserve commission" or "commission" shall mean
  the Albany Pine Bush preserve commission  created  pursuant  to  section
  46-0105 of this article.
2023 New York Laws › ENV - Environmental Conservation › Article 46 - Albany Pine Bush Preserve Commission › 46-0105 - Albany Pine Bush Preserve Commission.

§ 46-0105. Albany Pine Bush preserve commission.
1.  The  Albany Pine Bush preserve commission is hereby established in
  the department to be a body corporate  and  public  and  to  consist  of
  eleven  voting  members  who  shall be as follows: the commissioner, the
  commissioner of the state  office  of  parks,  recreation  and  historic
  preservation,  the  mayor of the city of Albany, the town supervisors of
  the towns of Colonie and Guilderland, the chief executive officer of the
  county of Albany, the state director of the New York field office of the
  nature conservancy and four members to be appointed by the governor with
  the advice and consent of the Senate. The four appointed private citizen
  members of the commission shall be by training, education, experience or
  attainment qualified to analyze or interpret or support matters relevant
  to the protection, maintenance and/or  management  of  the  Albany  Pine
  Bush.   Each   of   the   seven   ex-officio  members  may  designate  a
  representative  to  attend,  in  his  or  her  place,  meetings  of  the
  commission  and  to  act  in  his  or  her  behalf.   The Governor shall
  designate the chairman. The term of office of the four  private  citizen
  members  shall be four years.  In the event of a vacancy occurring other
  than by the expiration of a member's term, such vacancy shall be  filled
  for the balance of the unexpired term in the same manner as the original
  appointment.   A  majority  of  the  members  of  the  commission  shall
  constitute a quorum.
2. The members of the commission shall  receive  no  compensation  for
  their  services, but shall be reimbursed for their expenses actually and
  necessarily incurred in  the  performance  of  their  duties  hereunder.
  Members  and staff of the commission shall be considered state employees
  for the purposes of  sections  seventeen  and  nineteen  of  the  public
  officers law.
2023 New York Laws › ENV - Environmental Conservation › Article 46 - Albany Pine Bush Preserve Commission › 46-0107 - Albany Pine Bush Preserve.

§ 46-0107. Albany Pine Bush preserve.
The  commissioner  shall  maintain  a  record of the boundaries of the
  lands which have been dedicated to the Albany Pine Bush preserve in text
  and depicted on a map.
1. Land owned by the state may be dedicated to be part of the preserve
  only by action by the commissioner, the commissioner of the state office
  of parks, recreation and historic preservation or  the  commissioner  of
  the state office of general services, provided that state land dedicated
  hereunder  may  also  be  dedicated  to  be part of the state nature and
  historical preserve pursuant to article forty-five of this chapter.
2. Land owned by a local government may be dedicated to be part of the
  preserve only by action of its local legislative body.
3. Land owned by private persons or organizations may be dedicated  to
  be  part  of  the  preserve  only  through  the voluntary execution of a
  conservation easement pursuant to article forty-nine  of  this  chapter,
  and  the  acceptance  of  such  instrument  by the commission; provided,
  however, that the commission shall not  have  the  power  or  authority,
  without  the consent of the landowner, to require as a condition of or a
  prerequisite for obtaining any permit, license or other authorization to
  conduct any activity within or adjacent to the preserve, that any  lands
  be dedicated to the preserve.
4.  Every  proposed  dedication  shall be reviewed and approved by the
  commission.
5. The commission shall have no authority to  control  or  manage  any
  private  land  unless  such  land  has  been  dedicated pursuant to this
  section or the owner thereof has executed a voluntary written  agreement
  with  the  commission  authorizing the specific management actions which
  may be taken by the commission.
6. Land owned by the commission shall be dedicated to be part  of  the
  preserve upon acquisition by the commission.
2023 New York Laws › ENV - Environmental Conservation › Article 46 - Albany Pine Bush Preserve Commission › 46-0111 - Management Plan.

§ 46-0111. Management plan.
1.  The commission shall prepare or cause to be prepared within thirty
months of the effective date of this section a management plan  for  the
preserve;  provided that elements of the management plan may be prepared
and submitted for approval before the entire  plan  is  completed.  Such
plan shall cover management of all dedicated lands.  At least one public
hearing  on  the  draft  management  plan, or element thereof separately
submitted for approval or amendment thereto shall  be  held.  The  local
legislative  bodies  of  the city of Albany and the towns of Guilderland
and Colonie, the county of Albany, the commissioner, the commissioner of
the state office of parks, recreation and historic preservation and  the
state director of the nature conservancy may review the management plan,
elements  thereof  separately  submitted  for  approval  and  amendments
thereto.
2. The management plan shall be the fundamental document defining  the
protection  and  beneficial    public use goals for the preserve and the
means and techniques for their attainment.  The  management  plan  shall
include, but need not be limited to:
a.  A  survey  or  inventory  of  the  following,  together  with  the
establishment of management priorities therefor:
(i) natural plant and wildlife resources;
(ii) historic resources;
(iii) erosion control needs and stream protection;
(iv) trails, trail development and use; and
(v) other recreational uses.
b. A fire management plan.
c. A plan for  the  enforcement  of  laws  pertaining  to  public  use
activities,  which shall be implemented by rules and regulations for the
administration and use of lands dedicated  to  the  preserve  which  are
promulgated by the commissioner.
d. An education program including publications and guided activities.
e.  A  financial  plan  for  implementation    of  the management plan
recommendations.
3. Not less than once every five years the commission shall review the
management plan, and shall include as  part  of  such  review  a  public
hearing.  The commission shall propose amendments to the management plan
as they are deemed to be necessary and appropriate.
2023 New York Laws › ENV - Environmental Conservation › Article 46 - Albany Pine Bush Preserve Commission › 46-0113 - Appropriations by Municipalities.

§ 46-0113. Appropriations by municipalities.
To  effectuate  the  purposes  of  this article, the local legislative
  bodies of the county of Albany, city of Albany and towns of Colonie  and
  Guilderland  may appropriate and pay over to the commission moneys to be
  expended by the commission to carry out its functions thereunder.
2023 New York Laws › ENV - Environmental Conservation › Article 46 - Albany Pine Bush Preserve Commission › 46-0115 - Cooperation of State Agencies.

§ 46-0115. Cooperation of state agencies.
To effectuate the purposes of this article, the commission may request
  from  any  department,  board, bureau, commission or other agency of the
  state, and the same are authorized  to  provide,  such  cooperation  and
  assistance,  services and data as will enable the commission properly to
  carry out its functions thereunder.
2023 New York Laws › ENV - Environmental Conservation › Article 47 - County and Regional Environmental Management Councils › 47-0103 - Declaration of Policy.

§ 47-0103. Declaration of policy.
The  legislature  hereby  finds  and  declares that the management and
  conservation of our environment is essential to the health and wellbeing
  of the people of the state. Local county or  regional  understanding  of
  the  importance  of  all aspects of the environment is necessary for the
  most balanced use of natural resources. Local participation in  planning
  of activities which influence the ecological balance of the locality and
  therefore  the  state  is  important.  It is in the best interest of the
  citizens of the state to have environmental  management  councils  which
  shall  be  responsible  for  reviewing  and  advising  local  and  state
  government, and where resources within the county  are  influenced,  the
  federal government, on present and proposed methods of using, protecting
  and conserving the environment for the benefit of all the people.
2023 New York Laws › ENV - Environmental Conservation › Article 47 - County and Regional Environmental Management Councils › 47-0105 - Establishment of County Environmental Management Councils; Members and Officers.

§ 47-0105. Establishment  of  county  environmental management councils;
members and officers.
1. The county governing body of any  county  may  establish  a  county
  environmental management council. Such council may be constituted within
  the  organized  structure  of  county  government  so  as to provide for
  effective coordination among all agencies of the county for the purposes
  of this article. The council shall consist of one member of  each  city,
  town,  and  village  conservation  advisory  council  within the county.
  Additional members as the county appointing authority may provide, shall
  be  appointed  to  serve  at  the  pleasure  of  the  county  appointing
  authority,  for a term not to exceed two years. The presiding officer or
  chairman shall be appointed by  the  county  appointing  authority  from
  among  the  members  of  the council. In addition, the county appointing
  authority may appoint members of the county governing body and the heads
  of those county  departments  whose  work  particularly  affects  or  is
  particularly  affected  by  environmental  considerations, as ex officio
  members of the council. For the  purposes  of  this  article,  the  term
  county  appointing  authority shall mean the body or officer of a county
  authorized by law to make appointments.
2.   The   county   appointing   authority   is   hereby    authorized
  notwithstanding  any inconsistent provision of law to appoint up to four
  members to  the  council  who  are  between  the  ages  of  sixteen  and
  twenty-one.
3.  Nothing  contained in this article shall be deemed to prohibit the
  establishment  of  a  county  environmental  agency  pursuant  to  other
  provisions of law.
2023 New York Laws › ENV - Environmental Conservation › Article 47 - County and Regional Environmental Management Councils › 47-0109 - Appropriation of Council.

§ 47-0109. Appropriation of council.
The  county  may provide for compensation to be paid to the members of
  the council and may make such appropriations  as  it  may  see  fit  for
  expenses  incurred  by  the council including appointment of such clerks
  and other employees as may be necessary for the conduct of the council's
  official business.
2023 New York Laws › ENV - Environmental Conservation › Article 47 - County and Regional Environmental Management Councils › 47-0111 - Assistance of Department of Environmental Conservation.

§ 47-0111. Assistance of department of environmental conservation.
To  assist  a council in carrying out its functions, powers and duties
  the department of environmental conservation may upon request:
1. Prepare  reports  outlining  objectives,  priorities  and  proposed
  relationships of the council to the local governing body;
2.  Prepare  descriptions  of  work  to  be  undertaken,  advantageous
  techniques to be used and suggested roles of council members;
3. Provide research on conservation facts and procedures;
4. Provide, on a consulting basis, technical and  research  assistance
  as may be required to assist the council in carrying out its work and to
  enable the council to offer recommendations to the local governing body;
  and
5.   Describe   particular  areas  of  natural  resources  within  the
  territorial limits of the council which require particular attention.
2023 New York Laws › ENV - Environmental Conservation › Article 47 - County and Regional Environmental Management Councils › 47-0113 - Regional Environmental Management Councils.

§ 47-0113. Regional environmental management councils.
1.  If in the opinion of the governing bodies of two or more counties,
  the protection and management of the environment of the  area  could  be
  effectively or efficiently provided by a regional council these counties
  may   enter   into  agreement  to  establish  a  regional  environmental
  management  council  for  the   several   counties   agreeing   to   the
  consolidation.
2. The membership of the regional councils shall be made up of members
  of  county  environmental councils or individuals eligible to be members
  of county environmental councils.   Members shall be  appointed  by  the
  several county governing bodies to assure fair representation, but in no
  case  shall  there  be more than twenty official members of the regional
  council other than ex officio members.
3. The regional council shall supercede  and  replace  the  individual
  county  councils  and shall exercise all those powers otherwise accruing
  to the county councils.
4. The county governing bodies of the several counties agreeing to the
  formation of such a council may appropriate such funds as they  see  fit
  for  the  work  of  the  regional  council including the compensation of
  members, the retention of staff and other  assistance,  the  preparation
  and printing of reports, maps, books, charts, and pamphlets and the cost
  of other items related to their work.
2023 New York Laws › ENV - Environmental Conservation › Article 47 - County and Regional Environmental Management Councils › 47-0115 - Reimbursement.

§ 47-0115. Reimbursement.
Up to one-half of the expenditures during the state fiscal year of any
  county or regional environmental management council established pursuant
  to  this  article  shall  be  reimbursed  to  the  counties out of funds
  appropriated  by  the  state  to   the   Department   of   Environmental
  Conservation  for  this  purpose.  Provided,  however,  that  any county
  environmental agency established pursuant to a provision  of  law  other
  than  this  article  shall  be  entitled  to  such  reimbursement if the
  commissioner of the department of environmental conservation finds  that
  the  powers,  duties,  and reporting lines for the major reports of such
  council are substantially the same as those provided in section  47-0107
  of  this  article,  and  that  the  membership  structure thereof either
  complies with the provisions of subdivision one of  section  47-0105  of
  this  article or that such membership structure is designed to encourage
  local participation and coordination in the planning  of  activities  to
  influence   the  ecological  balance  of  the  locality.  Necessary  and
  appropriate rules  and  regulations  for  administration  of  the  local
  assistance purposes of this act may be promulgated by the commissioner.