New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter D - REAL PROPERTY AND LAND ACQUISITION › Part 591 - Procedures For The Selection, Review, Approval And Funding Of State Projects Under The 1986 Environmental Quality Bond Act › Section 591.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following terms used in this Part have the meaning
					 indicated, unless the context clearly requires otherwise.
(a) Article 52 means article 52 of the
				  Environmental Conservation Law.
(b)
				  Aquifer means a geologic formation that is capable of yielding significant
				  quantities of water to a well or spring.
(c) Aquifer recharge area project means a
				  State project to acquire areas of the land surface through which water of great
				  volume and high quality generally moves downward to the deeper portions of the
				  underlying groundwater reservoir or to acquire wellhead protection
				  zones.
(d) Bond act means the
				  Environmental Quality Bond Act of 1986.
(e) Canoe area means an area where the
				  watercourses or the number and proximity of lakes and ponds makes possible a
				  remote and unconfined type of water-oriented recreation in an essentially
				  wilderness setting.
(f)
				  Commissioner means the Commissioner of Environmental Conservation or a duly
				  authorized representative.
(g)
				  Conservation easement means an easement, covenant, restriction or other
				  interest in real property, which limits or restricts development, management or
				  use of such real property for the express purpose of preserving or maintaining
				  the scenic, open, historic, archaeological, architectural, forest, or natural
				  condition, character, significance or amenities of the real property in a
				  manner consistent with the State's public policy and purpose, whether created
				  under common law or pursuant to the provisions of article 49 of the
				  Environmental Conservation Law. A conservation easement may include affirmative
				  rights of public access and use.
(h) Department means the Department of
				  Environmental Conservation.
(i)
				  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 habitats, through the acquisition of land
				  including conservation easements and appropriate management of that which is
				  acquired.
(j) Exceptional forest
				  character project means a State project to acquire forest land which possesses
				  such attributes as maturity of growth, significant population of rare or
				  uncommon forestland plants, scientific harvesting potential, aesthetic appeal
				  or recreational opportunity.
(k)
				  Exceptional scenic beauty project means a State project to acquire land forms,
				  water bodies, geologic formations or vegetation which possess significant
				  scenic qualities or significantly contribute to scenic values. The presence of
				  man-made elements does not exclude the project from the exceptional scenic
				  beauty classification.
(l) Forest
				  preserve project means a State project to acquire lands within the Adirondack
				  and Catskill Parks as additions to the forest preserve or to acquire
				  conservation easements created either under common law or pursuant to title 3
				  of article 49 of the Environmental Conservation Law within said
				  parks.
(m) Inland waterway access
				  project means a State project to acquire selected lands on major rivers and
				  lakes to provide public access and protect the right of public use of such
				  waters for recreational purposes.
(n) Lands means 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 limitation, permanent or temporary
				  easements, including conservation easements, rights-of-way, leases, licenses,
				  and any other estate, interest, or right-in-land, legal or equitable.
(o) Local groundwater protection program
				  means strategies, plans and actions developed by appropriate county or local
				  governments including, but not limited to, identification of areas critical for
				  protection of groundwater, use of zoning, site plan review and other regulatory
				  powers for groundwater protection and acquisition of lands in areas critical
				  for groundwater protection.
(p)
				  Open space project means a State project to acquire open or natural land in or
				  near urban or suburban areas necessary to serve the scenic, recreation or other
				  related needs thereof.
(q) Pine
				  barrens project means a State project to acquire natural communities dominated
				  by such biota as pitch pine, jack pine, and scrub oak which may be found
				  associated with a variety of natural resources, and which depend upon the
				  occurrence of periodic fires for their perpetuation.
(r) Primary public water supply aquifer means
				  a highly productive water-bearing formation identified by the department
				  consisting of unconsolidated (nonbedrock) geologic deposits, which:
(1) receives substantial recharge from the
				  overlying land surface; and
(2) is
				  presently utilized as a major source of water for public water supply,
				  including, but not limited to, the following aquifers: Endicott-Johnson City;
				  Ramapo-Mahwah River Valleys; Irondogenesee-Buried Valley; Jamestown,
				  Elmira-Horseheads-Big Flats; Cortland-Homer-Preble; Corning; Fishkill-Sprout
				  Creek; Fulton; South Fallsburgh-Woodbourne; Schenectady; Cohocton River;
				  Tonawanda Creek; Seneca River; Clifton Park-Halfmoon; Olean-Salamanca;
				  Croton-on-Hudson; Owego-Waverly.