New York Laws
Title 3 - Clean Water Projects
56-0307 - 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, in cooperation with willing sellers.
In undertaking projects, the respective commissioner shall give
consideration to the plan prepared pursuant to section 49-0207 of this
chapter. Projects shall develop, expand or enhance water quality
protection or public access to water bodies, including but not limited
to coastlines, aquifers, watersheds, lakes, rivers and streams.

2. Projects which are not identified in the state land acquisition
plan prepared pursuant to section 49-0207 of this chapter shall not be
proposed for acquisition by the state under this section if any town,
village, or city within which such project is located notifies the state
of its objection to such acquisition. Such objection shall be
transmitted by resolution within ninety days of the notification by the
state of its interest in such acquisition to the commissioner of the
office of parks, recreation and historic preservation and shall
effectively prevent the state from undertaking such acquisition.

3. The commissioner or 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
outside the Adirondack or Catskill Parks undertaken pursuant to this
section by a municipality, a not-for-profit corporation, or
unincorporated association which demonstrates to the commissioner's
satisfaction that it 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.

4. 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 pursuant to this section
except where such considerations have already been undertaken as part of
any existing plan applicable to the newly acquired land.

5. The commissioner of agriculture and markets is authorized to
provide state assistance payments to county agricultural and farmland
protection boards, or to municipalities provided the proposed project is
endorsed for funding by the agricultural and farmland protection board
for the county in which the municipality is located, for implementation
of projects identified in agricultural protection plans pursuant to the
program as set forth in article twenty-five-AAA of the agriculture and
markets law.

Structure New York Laws