2023 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.