Title ENV, Environmental Conservation

§ 9-0713. State assistance.\n The commissioner shall adopt forest practice standards. The department\nshall notify owners of forest land that the commissioner is prepared to\nassist cooperating owners in connection with the application of forest\npractice standards. The commissio…

§ 9-0715. Cooperating owner.\n A cooperating forest or farm woodland owner shall be an owner of\nforest land within a forest region who shall agree with the commissioner\nor his representative to comply with the approved forest practice\nstandards of the forest region, in which h…

§ 9-0717. Community forests.\n 1. Power and authority. A county, city, town, village, school district\nor any other political subdivision of the state, may acquire by\npurchase, or gift, or take over lands in its possession within the\nboundaries of the state and use the same for…

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

§ 9-0803. Forest resources assessment.\n The department is authorized to carry out a comprehensive statewide\nassessment (hereinafter referred to as the assessment) of the present\nand anticipated future conditions of the forest resources of New York\nstate. The initial assessmen…

§ 9-0805. Forest resources plan.\n The department shall prepare a comprehensive statewide forest\nresources plan. The plan shall be prepared no later than March\nthirtieth, nineteen hundred eighty-seven and shall be updated at least\nevery fifth year thereafter. The plan shall in…

§ 9-0807. Committees.\n The commissioner shall appoint an advisory committee and a technical\nreview committee to assist directly in carrying out the provisions of\nthis act by promoting a constructive interchange among agencies and\norganizations interested in planning for the u…

§ 9-0809. Public participation.\n To assure that all segments of the public have an opportunity to\nparticipate in the development of the plan, the planning program will be\nconducted with a structured program of public participation. The\ndepartment shall establish procedures to…

§ 9-0811. Cooperation with federal agencies.\n To assure the availability and compatibility of planning data and\nfederal assistance, the department shall cooperate with the United\nStates department of agriculture, forest service, as provided for by the\nForest and Rangeland Ren…

§ 9-0813. Assistance from state agencies.\n The department is authorized to seek assistance from the professional\nstaff of other state agencies when the expertise of the staff of such\nother state agency is needed for the development of the plan. Nothing\nin this title shall alt…

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

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

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

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

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

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

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

§ 9-1109. Fire protection areas.\n Facilities for protection against forest fire shall be available as\nfollows:\n 1. In fire towns. The department, for the prevention of forest fires\nand the extinguishment of fires burning or threatening forests, shall,\nin the fire towns defin…

§ 9-1111. Forest fire protection.\n 1. Towns adjacent to fire towns and fire districts. The department may\nwhen necessary in its judgment, in order to protect the forests in the\nfire towns and fire districts from fire, take steps to extinguish fires\nactually burning in any tow…

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

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

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

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

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

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

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

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

§ 9-1501. Removal of trees.\n No person shall cut, pull or dig up for the purpose of removal, injure\nor destroy or cause to be so removed, injured or destroyed, any tree on\nthe lands of another without consent of the owner. Any peace officer,\nacting pursuant to his or her spec…

§ 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.\n The legislature finds that invasive plant and animal species pose an\nunacceptable risk to New York state's environment and economy and that\nthis risk is increasing through time as more invasive species become\nestablished within the state. The …

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

§ 9-1705. New York invasive species council.\n 1. There is hereby established the New York invasive species council.\nSuch council shall consist of a total of nine members and shall include\nthe commissioner, the commissioners of agriculture and markets,\ntransportation, parks, r…

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

§ 9-1709. General powers and duties of the department.\n 1. The department, in cooperation with the department of agriculture\nand markets, shall restrict the sale, purchase, possession, propagation,\nintroduction, importation, transport and disposal of invasive species\npursuant…

§ 9-1710. Aquatic invasive species; spread prevention.\n 1. For purposes of this section:\n (a) "Watercraft" shall mean every motorized or non-motorized boat or\nvehicle capable of being used or operated as a means of transportation\nor recreation in or on water.\n (b) "Launch" s…

§ 9-1711. Aquatic invasive species inspection stations in the Adirondack\n park.\n 1. The department may establish aquatic invasive species inspection\nstations at any location in the Adirondack park and within a ten-mile\nradius of the Adirondack park boundary, including, but no…

§ 9-1901. Legislative purpose and intent.\n 1. During the last one hundred years, both the state and private\nparties have claimed title to identical portions of township forty,\nTotten and Crossfield Purchase, in the town of Long Lake, county of\nHamilton. Indeed, some private p…

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

§ 9-1905. List of disputed parcels.\n The following parcels of land, identified by the county's two thousand\ntwelve assessment rolls and the county's online mapping system as of\nOctober, two thousand twelve, and any subsequent conveyances therefrom,\nare the disputed parcels th…

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

§ 9-1909. Attorney general to file suit.\n The attorney general, within twenty-four months of either a person's\nfailure to comply with the requirements of subdivision two of section\n9-1907 of this title with respect to a particular disputed parcel, a\nperson's filing of a notic…

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

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

§ 9-1915. Notarized statement.\n The format for the notarized statement described in subdivision two of\nsection 9-1907 of this title shall be as follows:\nNOTARIZED STATEMENT RELATING TO THE SETTLEMENT OF COMPETING CLAIMS OF\nTITLE\nTOWNSHIP FORTY, TOTTEN AND CROSSFIELD PURCHASE…

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

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

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

* § 9-2301. Legislative purpose and intent.\n 1. It is the intent of the legislature to hereby implement the\namendment to section one of article fourteen, of the New York state\nconstitution pertaining to the Mount Van Hoevenberg Olympic Sports\nComplex located on forest preserv…

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

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