New York Laws
Title 3 - Clean Water Projects
56-0309 - Park, Historic Preservation and Heritage Area Projects.

(a) An agreement to make and keep the lands accessible to the public
unless the not-for-profit corporation can demonstrate to the
commissioner's satisfaction that public accessibility would be
detrimental to the lands or any natural resources associated therewith;
(b) An agreement not to sell, lease, exchange or donate the lands
except to the state, a local government unit or another qualifying tax
exempt non-profit organization for recreation and conservation purposes
consistent with this title and approved by the commissioner; and
(c) An agreement to execute and convey to the state at no charge a
conservation easement, pursuant to title three of article forty-nine of
this chapter, over the lands to be acquired with state assistance
payments.
12. Real property acquired, developed, improved, restored or
rehabilitated by or through a municipality for park projects undertaken
pursuant to this section with funds made available pursuant to this
section shall not be sold, leased, exchanged, donated or otherwise

disposed of or used for other than public park purposes without the
express authority of an act of the legislature, which shall provide for
the substitution of other lands of equal environmental value and fair
market value and reasonably equivalent usefulness and location to those
to be discontinued, sold or disposed of, and such other requirements as
shall be approved by the commissioner.
13. Real property acquired by a not-for-profit organization with funds
made available pursuant to this section for park projects undertaken
pursuant to this section shall not be used in violation of an agreement
entered into pursuant to this section, or sold, leased, exchanged,
donated or otherwise disposed of without the express authority of an act
of the legislature.
14. The commissioner shall adopt, prior to the acceptance of
applications for park, historic preservation and heritage area projects,
rules and regulations which shall include eligibility requirements,
application procedures, office ranking and review processes, project
approval guidelines and criteria, and funding distribution necessary for
all state assistance payment programs established pursuant to this
title.
15. Notwithstanding any other provision of law, no state assistance
payment under this article may be applied, with respect to any project
located within the area of New York county bounded by (a) the northern
boundary of Fifty-ninth street and Fifty-ninth street extended; (b) the
United States pierhead line; (c) the northern boundary of the area known
as Battery Park City; and (d) eight hundred feet inland easterly from
the United States bulkhead line:
(i) for, other than for recreational use or access inland of the
existing bulkhead line, any roads, bridges, ramps or parking facilities
or sewers or water mains;
(ii) for any site improvement, including sewers, or water mains, to
support residential, industrial or commercial development;
(iii) to excavate, place fill or plantings in, or place any piling,
platform or structure, including a floating structure, in the Hudson
river; or
(iv) to plan, evaluate or study any project involving such excavation
or placement as described in subparagraph (iii) of this paragraph; and
provided further that no contract, or subcontract, with a public benefit
corporation, public authority, or any other person or entity, or
municipality other than the city of New York shall be entered into for
any state assistance payments under this article with respect to any
project, or portion thereof, located in the area described in this
subdivision without the affirmative approval of the community board or
boards wherein the project, or portion thereof, will be located.
16. Notwithstanding the provisions of this section, moneys received
from the sale of bonds pursuant to the Clean Water/Clean Air Bond Act of
1996, and available for disbursements for projects developed pursuant to
this section, shall also be available for state assistance payments to
municipalities and not-for-profit corporations for the capital cost of
projects described in subdivision nine of section 44-0119 of this
chapter and subject to the review delineated in subdivision ten of
section 44-0119 of this chapter. Such monies shall be subject to
appropriation.

Structure New York Laws