Title ENV, Environmental Conservation

§ 44-0103. Definitions.\n As used in this article, the following words and terms shall have the\nfollowing meanings unless the context indicates another or different\nmeaning or intent:\n 1. "Hudson river valley" shall mean the areas of Bronx and New York\ncounties designated pur…

§ 44-0105. Hudson river valley greenway communities council.\n 1. The governor's council on the Hudson river valley is hereby\nrecreated within the executive department to be the Hudson river valley\ngreenway communities council. The council shall consist of a total of\ntwenty-se…

§ 44-0107. Powers and duties of the council.\n The council shall have the power:\n 1. To make by-laws for the management and regulation of its affairs.\n 2. To make and execute contracts and all other instruments necessary\nor convenient for the exercise of its powers and functio…

§ 44-0109. Designation.\n The Hudson river valley greenway is hereby designated to include the\ncounties, including all cities, towns and villages therein, of\nWestchester, Rockland, Orange, Putnam, Dutchess, Ulster, Columbia,\nGreene, Albany, Rensselaer, Saratoga and Washington;…

§ 44-0111. Greenway heritage conservancy for the Hudson river valley.\n 1. It is hereby found, determined and declared that the\nreestablishment of the greenway heritage conservancy for the Hudson\nriver valley and the carrying out of its corporate purposes is in all\nrespects fo…

§ 44-0113. Powers and duties of the conservancy.\n The conservancy shall have the power:\n 1. To sue on causes of action consistent with the purposes and its\nresponsibilities under this article and with respect to contracts to\nwhich it is a party, but not for general enforcemen…

§ 44-0115. State agency reports and consistency.\n 1. The council in carrying out its functions and responsibilities\nunder this article, shall consult with, cooperate with, and, to the\nmaximum extent practicable, coordinate its activities with other\ninterested state agencies.\…

§ 44-0117. Hudson river valley geographic information systems.\n The conservancy shall continue, update and maintain the Hudson river\nvalley geographic information system and make available information\ntherefrom to counties, cities, towns and villages within the greenway.\nThe …

§ 44-0119. Greenway compact.\n 1. The council shall guide and support a cooperative planning process\nto establish a voluntary regional compact among the counties, cities,\ntowns and villages of the greenway to further the recommended criteria\nof natural and cultural resource pr…

§ 44-0121. Greenway trail.\n 1. The conservancy shall designate and develop or cause to be\ndeveloped a trail or pathway system consistent with the greenway\ncriteria connecting the city of New York from the southernmost boundary\nof the area designated as the greenway to the Eri…

§ 45-0101. Declaration of findings and purpose.\n The overwhelming approval by the people of section 4 of article XIV of\nthe Constitution, clearly demonstrates the public awareness and desire\nto preserve the great natural resources and heritage of the state.\n Accordingly, the …

§ 45-0103. Short title.\n This article may be cited as the "State Nature and Historical Preserve\nAct".\n

§ 45-0105. Definitions.\n As used or referred to in this article unless a different meaning\nclearly appears from the context:\n 1. The term "trust" shall mean the state nature and historical\npreserve trust continued by section 45-0107 of this article.\n 2. The term "trustee" sh…

§ 45-0107. State nature and historical preserve trust; continuation.\n There is hereby continued in the department the state nature and\nhistorical preserve trust.\n

§ 45-0111. Functions, powers and duties.\n The trustee shall have the duty of assisting the legislature and the\ngovernor in implementing the policy of the state as set forth in section\n4 of article XIV of the State Constitution, and in order to carry out\nsuch purposes he shall…

§ 45-0113. Acquisition and dedication of real property.\n 1. For the purposes of this article, the department may, when\nauthorized by an act of the legislature, and when funds are available\ntherefor, acquire in the name of the people of the state of New York fee\ntitle or any l…

§ 45-0115. Disposition of real property.\n Real property dedicated to the preserve shall not be taken or\notherwise disposed of except by law enacted by two successive regular\nsessions of the legislature.\n

§ 45-0117. Jurisdiction and administration.\n 1. The department is hereby authorized to manage and exercise custody\nand control over lands dedicated pursuant to this article or to contract\nwith any city, county, town or village, or any combination thereof, or\nany state agency …

§ 46-0101. Legislative declaration and intent.\n The pitch pine-scrub oak barrens or pine barrens in the city of Albany\nand towns of Guilderland and Colonie and known as the "Albany Pine Bush"\nor "Pine Bush" is a landscape of rare and endangered natural communities\nand species…

§ 46-0103. Definitions.\n As used in this article:\n 1. "Albany Pine Bush preserve" or "preserve" shall mean lands in the\ncity of Albany and towns of Guilderland and Colonie in the county of\nAlbany characterized by the growth of pitch pine and scrub oak, pine\nbarrens, vernal p…

§ 46-0105. Albany Pine Bush preserve commission.\n 1. The Albany Pine Bush preserve commission is hereby established in\nthe department to be a body corporate and public and to consist of\neleven voting members who shall be as follows: the commissioner, the\ncommissioner of the s…

§ 46-0107. Albany Pine Bush preserve.\n The commissioner shall maintain a record of the boundaries of the\nlands which have been dedicated to the Albany Pine Bush preserve in text\nand depicted on a map.\n 1. Land owned by the state may be dedicated to be part of the preserve\non…

§ 46-0109. Powers and duties of the commission.\n The commission shall have the power:\n 1. To sue and be sued.\n 2. To make by-laws for the management and regulation of its affairs.\n 3. To make and execute contracts and all other instruments necessary\nor convenient for the exe…

§ 46-0111. Management plan.\n 1. The commission shall prepare or cause to be prepared within thirty\nmonths of the effective date of this section a management plan for the\npreserve; provided that elements of the management plan may be prepared\nand submitted for approval before …

§ 46-0113. Appropriations by municipalities.\n To effectuate the purposes of this article, the local legislative\nbodies of the county of Albany, city of Albany and towns of Colonie and\nGuilderland may appropriate and pay over to the commission moneys to be\nexpended by the comm…

§ 46-0115. Cooperation of state agencies.\n To effectuate the purposes of this article, the commission may request\nfrom any department, board, bureau, commission or other agency of the\nstate, and the same are authorized to provide, such cooperation and\nassistance, services and…

§ 47-0101. Short title.\n This article shall be known as the local environmental protection act.\n

§ 47-0103. Declaration of policy.\n The legislature hereby finds and declares that the management and\nconservation of our environment is essential to the health and wellbeing\nof the people of the state. Local county or regional understanding of\nthe importance of all aspects of…

§ 47-0105. Establishment of county environmental management councils;\n members and officers.\n 1. The county governing body of any county may establish a county\nenvironmental management council. Such council may be constituted within\nthe organized structure of county governmen…

§ 47-0107. Powers of council.\n 1. The council may advise on all matters affecting the preservation,\nconservation and ecologically suitable use of the natural resources of\nthe county.\n 2. The council shall review the state of the county environment as a\nwhole, and shall prepa…

§ 47-0109. Appropriation of council.\n The county may provide for compensation to be paid to the members of\nthe council and may make such appropriations as it may see fit for\nexpenses incurred by the council including appointment of such clerks\nand other employees as may be ne…

§ 47-0111. Assistance of department of environmental conservation.\n To assist a council in carrying out its functions, powers and duties\nthe department of environmental conservation may upon request:\n 1. Prepare reports outlining objectives, priorities and proposed\nrelationsh…

§ 47-0113. Regional environmental management councils.\n 1. If in the opinion of the governing bodies of two or more counties,\nthe protection and management of the environment of the area could be\neffectively or efficiently provided by a regional council these counties\nmay ent…

§ 47-0115. Reimbursement.\n Up to one-half of the expenditures during the state fiscal year of any\ncounty or regional environmental management council established pursuant\nto this article shall be reimbursed to the counties out of funds\nappropriated by the state to the Departm…

§ 47-0117. Annual report.\n The commissioner shall submit an annual report to the governor and the\nlegislature describing the operation of the local assistance program\nestablished by this article. The annual report shall include a\ndescription of activities conducted by each co…

§ 48-0101. Declaration of policy.\n 1. It is hereby declared to be the policy of this state that all\npeople, regardless of race, color, religion, national origin or income,\nhave a right to fair treatment and meaningful involvement in the\ndevelopment, implementation and enforce…

§ 48-0103. Definitions.\n As used in this article:\n 1. "Advisory group" means the permanent environmental justice advisory\ngroup established by section 48-0105 of this article.\n 2. "Agency" means any state department, agency, board, bureau,\ncommission, division, office, counc…

§ 48-0105. Permanent environmental justice advisory group.\n 1. The permanent environmental justice advisory group is hereby\nestablished in the department to consist of sixteen members, as follows:\n (a) Five members shall be representatives of community-based\norganizations tha…

§ 48-0107. Powers and duties.\n The advisory group shall have the power and duty to:\n 1. adopt a model environmental justice policy applicable generally to\nstate agencies that engage in activities or operations that may have a\nsignificant effect on the environment, including b…

§ 48-0109. Agency responsibilities.\n 1. Each state agency that engages in activities or operations that\nhave a significant effect on the environment, including but not limited\nto through the adoption of rules and regulations, issuance of permits,\nacquisition or maintenance of…

§ 48-0111. Environmental justice interagency coordinating council.\n 1. There is hereby established an environmental justice interagency\ncoordinating council which shall have the power and duty to:\n (a) coordinate the activities of agencies required to adopt an\nenvironmental j…

§ 48-0113. Separability.\n If any clause, sentence, paragraph, section or part of this article\nshall be adjudged by any court of competent jurisdiction to be invalid,\nthe judgment shall not affect, impair or invalidate the remainder\nthereof, but shall be confined in its operat…

§ 49-0101. Legislative findings.\n The legislature hereby finds and declares that:\n The state enjoys an abundance of natural and man-made beauty which\ngreatly enriches the lives of the people of this state. The\npreservation, enhancement and promotion of this beauty will contri…

§ 49-0103. General functions, powers and duties of the department.\n The department shall have the power and it shall be its duty to:\n 1. Develop, after consultation with local governments and interested\npersons, groups and institutions, policies and programs to preserve and\ne…

§ 49-0105. Functions, powers and duties of other departments and\n agencies.\n Nothing contained in this article shall be deemed to derogate or\ndetract in any way from the functions, powers and duties prescribed by\nlaw of any other department or agency of the state nor to inter…

§ 49-0107. Assistance of other agencies.\n To effectuate the purposes of this article, the department may request\nand receive from any other department, division, board, bureau,\ncommission or other agency of the state or any political subdivision\nthereof or any public authorit…

§ 49-0109. Reports.\n The department shall from time to time report to the Governor, and\nshall make an annual report to the governor and the legislature, not\nlater than May first, concerning the work of the department pursuant to\nthis article, in the preceding calendar year.\n…

§ 49-0111. Grants or gifts.\n The department, with the approval of the Governor, may accept as agent\nof the state any gift, devise or bequest, whether conditional or\nunconditional (notwithstanding the provisions of section 11 of the State\nFinance Law), and including federal gr…

* § 49-0113. Thirty by thirty conservation goal.\n 1. It shall be the goal of the state to support and contribute to\nnational efforts to conserve at least thirty percent of United States\nlands and inland waters and at least thirty percent of United States\nocean areas by the ye…

§ 49-0201. Definitions.\n As used in this title, the following terms shall include and mean:\n 1. "Office" shall mean the state office of parks, recreation and\nhistoric preservation.\n 2. "Commissioners" shall mean the state commissioner of environmental\nconservation and the st…