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. 1. The governor's council on the Hudson river valley is hereby recreated within the executive department to be the Hudson river valley greenway communities council. The council shall consist of a total of twenty-seven v…

§ 44-0107. Powers and duties of the council. The council shall have the power: 1. To make by-laws for the management and regulation of its affairs. 2. To make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions unde…

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

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

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

§ 44-0115. State agency reports and consistency. 1. The council in carrying out its functions and responsibilities under this article, shall consult with, cooperate with, and, to the maximum extent practicable, coordinate its activities with other interested state agencies. 2. Th…

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

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

§ 44-0121. Greenway trail. 1. The conservancy shall designate and develop or cause to be developed a trail or pathway system consistent with the greenway criteria connecting the city of New York from the southernmost boundary of the area designated as the greenway to the Erie can…

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

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

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

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

§ 45-0111. Functions, powers and duties. The trustee shall have the duty of assisting the legislature and the governor in implementing the policy of the state as set forth in section 4 of article XIV of the State Constitution, and in order to carry out such purposes he shall have…

§ 45-0113. Acquisition and dedication of real property. 1. For the purposes of this article, the department may, when authorized by an act of the legislature, and when funds are available therefor, acquire in the name of the people of the state of New York fee title or any lesser…

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

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

§ 46-0101. Legislative declaration and intent. The pitch pine-scrub oak barrens or pine barrens in the city of Albany and towns of Guilderland and Colonie and known as the "Albany Pine Bush" or "Pine Bush" is a landscape of rare and endangered natural communities and species iden…

§ 46-0103. Definitions. As used in this article: 1. "Albany Pine Bush preserve" or "preserve" shall mean lands in the city of Albany and towns of Guilderland and Colonie in the county of Albany characterized by the growth of pitch pine and scrub oak, pine barrens, vernal ponds an…

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

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

§ 46-0109. Powers and duties of the commission. The commission shall have the power: 1. To sue and be sued. 2. To make by-laws for the management and regulation of its affairs. 3. To make and execute contracts and all other instruments necessary or convenient for the exercise of …

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

§ 46-0113. Appropriations by municipalities. To effectuate the purposes of this article, the local legislative bodies of the county of Albany, city of Albany and towns of Colonie and Guilderland may appropriate and pay over to the commission moneys to be expended by the commissio…

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

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

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

§ 47-0105. Establishment of county environmental management councils; members and officers. 1. The county governing body of any county may establish a county environmental management council. Such council may be constituted within the organized structure of county government so a…

§ 47-0107. Powers of council. 1. The council may advise on all matters affecting the preservation, conservation and ecologically suitable use of the natural resources of the county. 2. The council shall review the state of the county environment as a whole, and shall prepare and …

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

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

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

§ 47-0115. Reimbursement. Up to one-half of the expenditures during the state fiscal year of any county or regional environmental management council established pursuant to this article shall be reimbursed to the counties out of funds appropriated by the state to the Department o…

§ 47-0117. Annual report. The commissioner shall submit an annual report to the governor and the legislature describing the operation of the local assistance program established by this article. The annual report shall include a description of activities conducted by each county …

§ 48-0101. Declaration of policy. 1. It is hereby declared to be the policy of this state that all people, regardless of race, color, religion, national origin or income, have a right to fair treatment and meaningful involvement in the development, implementation and enforcement …

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

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

§ 48-0107. Powers and duties. The advisory group shall have the power and duty to: 1. adopt a model environmental justice policy applicable generally to state agencies that engage in activities or operations that may have a significant effect on the environment, including but not…

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

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

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

§ 49-0101. Legislative findings. The legislature hereby finds and declares that: The state enjoys an abundance of natural and man-made beauty which greatly enriches the lives of the people of this state. The preservation, enhancement and promotion of this beauty will contribute s…

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

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

§ 49-0107. Assistance of other agencies. To effectuate the purposes of this article, the department may request and receive from any other department, division, board, bureau, commission or other agency of the state or any political subdivision thereof or any public authority suc…

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

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

* § 49-0113. Thirty by thirty conservation goal. 1. It shall be the goal of the state to support and contribute to national efforts to conserve at least thirty percent of United States lands and inland waters and at least thirty percent of United States ocean areas by the year tw…

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