Title ENV, Environmental Conservation

§ 9-0713. State assistance. The commissioner shall adopt forest practice standards. The department shall notify owners of forest land that the commissioner is prepared to assist cooperating owners in connection with the application of forest practice standards. The commissioner s…

§ 9-0715. Cooperating owner. A cooperating forest or farm woodland owner shall be an owner of forest land within a forest region who shall agree with the commissioner or his representative to comply with the approved forest practice standards of the forest region, in which his la…

§ 9-0717. Community forests. 1. Power and authority. A county, city, town, village, school district or any other political subdivision of the state, may acquire by purchase, or gift, or take over lands in its possession within the boundaries of the state and use the same for fore…

§ 9-0801. Legislative purpose and findings. It is the purpose of this act to provide for the development and maintenance of a forest resources planning program, consistent with article fourteen of the state constitution, in furtherance of the policy of the state of New York to co…

§ 9-0803. Forest resources assessment. The department is authorized to carry out a comprehensive statewide assessment (hereinafter referred to as the assessment) of the present and anticipated future conditions of the forest resources of New York state. The initial assessment sha…

§ 9-0805. Forest resources plan. The department shall prepare a comprehensive statewide forest resources plan. The plan shall be prepared no later than March thirtieth, nineteen hundred eighty-seven and shall be updated at least every fifth year thereafter. The plan shall include…

§ 9-0807. Committees. The commissioner shall appoint an advisory committee and a technical review committee to assist directly in carrying out the provisions of this act by promoting a constructive interchange among agencies and organizations interested in planning for the use, m…

§ 9-0809. Public participation. To assure that all segments of the public have an opportunity to participate in the development of the plan, the planning program will be conducted with a structured program of public participation. The department shall establish procedures to keep…

§ 9-0811. Cooperation with federal agencies. To assure the availability and compatibility of planning data and federal assistance, the department shall cooperate with the United States department of agriculture, forest service, as provided for by the Forest and Rangeland Renewabl…

§ 9-0813. Assistance from state agencies. The department is authorized to seek assistance from the professional staff of other state agencies when the expertise of the staff of such other state agency is needed for the development of the plan. Nothing in this title shall alter or…

§ 9-0815. Request for comment on local laws or ordinances pertaining to the practice of forestry. The commissioner upon his or her own initiative, or upon the written request of a municipality or an owner of forest land within the municipality, may elect to comment upon a propose…

§ 9-0901. Jurisdiction of certain parks and reservations. The department shall have care, custody, control and management of the Crown Point reservation in Essex county and Lake George battlefield park.

§ 9-0903. Recreation facilities. 1. The department shall have care, custody, control and management of the Lake George beach facility in Warren county, the Belleayre mountain ski center in Ulster and Delaware counties, the Whiteface mountain ski center and the New York world war …

§ 9-1101. Proclamation by Governor. Whenever the forests of the state are in danger of fire, the Governor by proclamation may (a) prohibit any person or persons from entering forests, woodlands, waters and open lands; (b) prohibit the starting of fires in the out-of-doors; (c) pr…

§ 9-1103. Additional powers of the department. In addition to the powers provided in section 9-0105 and in connection with the control of fire, the department shall have the power to: 1. Maintain a system of forest fire protection in such areas of the state as the department dete…

§ 9-1105. General prohibitions. 1. The following are prohibited: (a) setting of fires on or near forest land and leaving such fires unattended and unquenched; (b) setting of a fire which will endanger the property of another; (c) setting of forest land on fire except where necess…

§ 9-1107. Fire towns. The following towns, including the area within the boundaries of incorporated villages, are hereby designated as "fire towns": All towns in Essex and Hamilton counties; the towns of Altona, Ausable, Black Brook, Dannemora, Ellenburg and Saranac, Clinton coun…

§ 9-1109. Fire protection areas. Facilities for protection against forest fire shall be available as follows: 1. In fire towns. The department, for the prevention of forest fires and the extinguishment of fires burning or threatening forests, shall, in the fire towns defined in s…

§ 9-1111. Forest fire protection. 1. Towns adjacent to fire towns and fire districts. The department may when necessary in its judgment, in order to protect the forests in the fire towns and fire districts from fire, take steps to extinguish fires actually burning in any town adj…

§ 9-1113. Top lopping evergreen trees. Every person who shall, within any of the fire towns or within any fire district or part thereof when so designated by department regulation, fell or cause to be felled or permit to be felled any evergreen tree for sale or other purposes or …

§ 9-1115. Railroad patrol. All railroads shall, on such parts of their rights of way as are operated through forest lands, maintain from April first to November fifteenth of each year a sufficient number of competent fire patrolmen unless relieved by the department. The railroad …

§ 9-1117. Condition of rights of way. 1. The railroad right of way of all railroads which are operated through forest lands shall be kept cleared of all inflammable material whenever required by the department. 2. Fire, live coals or hot ashes shall not be deposited unless proper…

§ 9-1119. Use of protective devices. 1. Employees of a railroad which operates through forest lands shall at all times use in a proper and effective manner the fire protective appliances provided by such railroad. 2. No locomotive operating through forest lands shall be operated …

§ 9-1121. Fire moneys and accounts. In order to carry into effect the provisions of this title the following is prescribed: 1. Temporary loan. The State Comptroller shall have, subject to the approval of the Governor, the authority to make, on behalf of the state a temporary loan…

§ 9-1123. Northeastern Interstate Forest Fire Protection Compact. The Northeastern Interstate Forest Fire Protection Compact as first enacted by chapter seven hundred forty-four of the laws of nineteen hundred forty-nine, and as re-enacted by chapter two hundred sixty-three of th…

§ 9-1301. White pine blister rust and currant rust. For the purpose of suppressing and controlling white pine blister rust and currant rust (Cronartium ribicola), the following provisions shall apply: 1. Certain cultivars of black currant declared a public nuisance. Unless otherw…

§ 9-1303. Forest insects and other forest tree diseases. For the purpose of control and preventing the spread of forest insects and forest tree diseases (except white pine blister rust and currant rust, covered by section 9-1301) the following provisions shall apply: 1. The depar…

§ 9-1501. Removal of trees. No person shall cut, pull or dig up for the purpose of removal, injure or destroy or cause to be so removed, injured or destroyed, any tree on the lands of another without consent of the owner. Any peace officer, acting pursuant to his or her special d…

§ 9-1503. Removal of protected plants.\n 1. For the purposes of this section, "plants" shall mean species of\nnative shrubs, trees, herbs, ferns, fern-allies and wild flowers;\n"endangered species" shall mean those species of plants in danger of\nextinction throughout all or a si…

§ 9-1701. Legislative findings. The legislature finds that invasive plant and animal species pose an unacceptable risk to New York state's environment and economy and that this risk is increasing through time as more invasive species become established within the state. The legis…

§ 9-1703. Definitions. As used in this title: 1. "Advisory committee" means the New York invasive species advisory committee established by section 9-1707 of this title. 2. "Council" means the New York invasive species council established by section 9-1705 of this title. 3. "Cont…

§ 9-1705. New York invasive species council. 1. There is hereby established the New York invasive species council. Such council shall consist of a total of nine members and shall include the commissioner, the commissioners of agriculture and markets, transportation, parks, recrea…

§ 9-1707. New York invasive species advisory committee. 1. There shall be established a New York invasive species advisory committee which shall provide information, advice and guidance to the council, including but not limited to providing assistance with the development of the …

§ 9-1709. General powers and duties of the department. 1. The department, in cooperation with the department of agriculture and markets, shall restrict the sale, purchase, possession, propagation, introduction, importation, transport and disposal of invasive species pursuant to t…

§ 9-1710. Aquatic invasive species; spread prevention. 1. For purposes of this section: (a) "Watercraft" shall mean every motorized or non-motorized boat or vehicle capable of being used or operated as a means of transportation or recreation in or on water. (b) "Launch" shall mea…

§ 9-1711. Aquatic invasive species inspection stations in the Adirondack park. 1. The department may establish aquatic invasive species inspection stations at any location in the Adirondack park and within a ten-mile radius of the Adirondack park boundary, including, but not limi…

§ 9-1901. Legislative purpose and intent. 1. During the last one hundred years, both the state and private parties have claimed title to identical portions of township forty, Totten and Crossfield Purchase, in the town of Long Lake, county of Hamilton. Indeed, some private partie…

§ 9-1903. Definitions. For purposes of this title, the following terms shall have the following meanings: 1. "County" means the county of Hamilton. 2. "Disputed parcel" means a parcel of land located in township forty to which both the state and a person claim title. 3. "Person" …

§ 9-1905. List of disputed parcels. The following parcels of land, identified by the county's two thousand twelve assessment rolls and the county's online mapping system as of October, two thousand twelve, and any subsequent conveyances therefrom, are the disputed parcels that ar…

§ 9-1907. Process for clearing title. 1. Within thirty days of the effective date of this section, the department shall submit a written request to the county tax assessor for a certified list, to be prepared from the most current tax roll, of the names and addresses of all perso…

§ 9-1909. Attorney general to file suit. The attorney general, within twenty-four months of either a person's failure to comply with the requirements of subdivision two of section 9-1907 of this title with respect to a particular disputed parcel, a person's filing of a notice of …

§ 9-1911. Conveyances to the state. Nothing in this title shall be interpreted as at any time preventing any person claiming a disputed parcel from offering to convey any such parcel, any portion of such parcel, or any interest in such parcel to the state on such terms and condit…

§ 9-1913. Adirondack park agency jurisdiction. Nothing in this title shall be interpreted as altering or affecting the regulatory jurisdiction of the Adirondack park agency over any land located within township forty.

§ 9-1915. Notarized statement. The format for the notarized statement described in subdivision two of section 9-1907 of this title shall be as follows: NOTARIZED STATEMENT RELATING TO THE SETTLEMENT OF COMPETING CLAIMS OF TITLE TOWNSHIP FORTY, TOTTEN AND CROSSFIELD PURCHASE TOWN …

§ 9-2101. Health and safety land account creation and use. 1. Definitions. For purposes of this section: a. "eligible project" means a public health or safety-related project necessary where no viable alternative exists, limited to the following: (i) address bridge hazards to imp…

§ 9-2103. Highway right of way public utility improvements. 1. Definitions. For purposes of this section: a."county highway" shall have the same meaning as defined in subdivision four of section three of the highway law. b. "eligible project" shall mean burial or co-location of a…

§ 9-2105. Department reporting. 1. The department shall issue an annual report to the legislature detailing the use of the health and safety land account and the highway right of way public utility improvement permits including: the number of applications received; the number of …

* § 9-2301. Legislative purpose and intent. 1. It is the intent of the legislature to hereby implement the amendment to section one of article fourteen, of the New York state constitution pertaining to the Mount Van Hoevenberg Olympic Sports Complex located on forest preserve lan…

* § 9-2302. Definitions. For purposes of this title, the following terms shall have the following meanings: 1. "Appurtenances" shall mean those facilities that are directly related to and necessary for the construction, operation, maintenance, and public use of modern Nordic skii…

* § 9-2303. Construction, operation, and maintenance of the Mount Van Hoevenberg Olympic Sports Complex. Not more than three hundred twenty-two and twenty-six hundredths acres of forest preserve land at the Mount Van Hoevenberg Olympic Sports Complex may be used for the construct…