Title ENV, Environmental Conservation

§ 15-1947. Unlawful interference with drainage works. 1. It shall be unlawful for any person to divert water from its natural watershed in such manner that it flows into a drainage district, or so to divert water in a drainage district as to prevent it from following the course l…

§ 15-1949. Removal of beaver. In the event that any drainage improvement district is inhabited by or is invaded by beaver and the work of those animals interferes with the proper operation of the drainage system, the commissioner may cause such beaver to be removed or destroyed a…

§ 15-1951. Financing of improvements. 1. For defraying the costs of all proceedings, surveys, studies and construction projects authorized by any section of title 19 of this article, the department may raise funds pursuant to the Local Finance Law. Such funds may not be borrowed …

§ 15-1953. Drainage improvement district fund. Moneys received under the provisions of title 19 of this article shall constitute a fund to be known as the drainage improvement district fund, and the portion thereof applicable to each improvement shall be separately kept by the Co…

§ 15-1955. Proceedings for assessment and collection of cost. 1. Except as otherwise provided by law, all costs and expenses necessary for the formation, improvement and maintenance of a drainage improvement district shall be met from funds collected from the owners of lands bene…

§ 15-1957. Drainage fund. 1. The Comptroller shall designate a depository or depositories for receiving all moneys provided for the repair or enlargement of the ditches or channels specified in section 15-1945. The fund thus created shall be known as "the drainage fund." Before a…

§ 15-1959. Corrections and revisions of assessments, determinations of drainage enhancements and apportionment of costs. 1. In the event that obvious errors or discrepancies should be discovered in any assessment, determination of drainage enhancements or general or special appor…

§ 15-1961. Drainage district with federal aid. 1. In the event that any agency of the government of the United States shall be willing to perform, direct or finance any work for the drainage and reclamation of any swamp, bog, pond, meadow or other low or wet lands in the state in…

§ 15-1963. Formation of district with federal aid. 1. The department may proceed of its own motion to form such district and to authorize the proposed work as though petitions therefor had been filed as provided in sections 15-1911 and 15-1913 or 15-1931. It may negotiate with th…

§ 15-1965. Construction project. As soon as the formation of the district becomes effective, the department shall have full power to enter into agreements with the proper officials of the federal government or of other agencies of the state, to acquire or appropriate lands and ri…

§ 15-1967. Changes in project. After such district is formed and the original federal project authorized, major changes in such project, additional federal projects or changes in district boundaries necessitated by such federal projects may be authorized or made by following the …

§ 15-1969. Continuation of district. Except for such projects as may be carried out by the federal government, any district formed under the provisions of section 15-1963 shall thereafter continue as a drainage improvement district, as though formed under the provisions of sectio…

§ 15-1971. Transfer of property and discontinuance of district. Whenever a drainage improvement district created pursuant to this article and lying wholly within a county small watershed protection district established pursuant to article 5-D of the County Law has no outstanding …

§ 15-1973. Drainage section association; definitions. The following words and phrases, unless otherwise specified, are defined as follows: 1. A "drainage section" shall mean an area, of drainable acreage, as described in articles of association which have been filed and recorded …

§ 15-1975. Drainage section association; creation. Three or more owners of drainable acreage may form a drainage section association by executing and recording articles of association as hereinafter provided.

§ 15-1977. Articles of association; recording and filing. 1. The articles of association shall be signed by all owners as listed therein and shall be acknowledged in the form now or hereafter required for the recording of a deed of real property. If there be more than one owner o…

§ 15-1979. First annual meeting; members; officers; by-laws. 1. Upon filing and recording, the articles of association shall be deemed to be in effect and the drainage section association created thereby shall have the power and authority and shall assume the liabilities conferre…

§ 15-1981. Powers of association; limitations; voluntary dissolution. 1. The association shall have: a. Power to construct, maintain and keep in repair the drainage project described in the articles of association; b. Power to sue and be sued and to enter into contracts to carry …

§ 15-1983. Drainage of agricultural lands; procedure. 1. Any person or persons owning any swamp, bog, pond, meadow or other low or wet agricultural lands within this state, or a drainage section association organized pursuant to sections 15-1973 to 15-1981, who or which shall des…

§ 15-2101. Definitions and construction. The following words and phrases when used in title 21 are defined as follows: 1. "Real estate," when used without words of limitation, includes all uplands, lands under water, the waters of any lake, pond or stream, all water and riparian …

§ 15-2103. Creation of river regulating districts. 1. Bodies corporate, which shall consist of and be known as river regulating districts, may be created pursuant to title 21 of this article to construct, maintain and operate reservoirs within such districts, subject to the provi…

§ 15-2105. Organization of the boards of river regulating districts. 1. Within thirty days after the incorporation of a river regulating district as hereinbefore provided, the Governor shall appoint three persons, two at least of whom shall be resident freeholders within the dist…

§ 15-2107. General duties. 1. Upon its organization the board may prepare a plan for the regulation of the flow of the river or rivers in its district. Such plan shall show the available and feasibile reservoir sites on such river or rivers, whether any reservoir now existing can…

§ 15-2109. General powers. 1. The board shall have power to make all necessary rules and regulations which shall be effective when approved by the department. 2. The board and its authorized agents may enter upon any lands as in its judgment may be necessary for the purpose of ma…

§ 15-2111. Acquisition of real estate. 1. The board on behalf of such district shall, subject to the limitations herein contained, have the right to condemn for the use of the district any real estate which is determined to be necessary for the purpose of carrying out any of the …

§ 15-2113. Discontinuance or relocation, or both, of highways, roads and streets. 1. If the board shall deem it necessary to discontinue a public highway, road or street, or a part thereof, because of its interference with the proper location of a reservoir for which preliminary …

§ 15-2115. Taxation of real estate. Lands owned by the state and acquired pursuant to the provisions of title 21 of this article, exclusive of the improvements erected thereon by the regulating districts, shall be assessed and taxed in the same manner as state lands subject to ta…

§ 15-2117. Cemeteries. 1. Whenever for the purposes of title 21 of this article it shall be necessary to use any portion of any lands or premises now occupied by graves, burial places, cemeteries, or other places of interment of human remains, the board may acquire the same in th…

§ 15-2119. Procedure for construction of reservoirs. 1. Preliminary plans, specifications, maps, statements and estimates are required as follows: a. If the board shall determine as a part of the official plan or before the official plan has been prepared that the public interest…

§ 15-2121. Apportionment of cost.\n 1. If proceedings to review the final order of the board determining\nthat such proposed reservoir shall be made have not been instituted\nwithin sixty days from the date of the filing of the same, or upon the\nfiling of a modification thereof …

§ 15-2123. Assessments; how levied and collected. 1. After the apportionment of cost has been made and filed in accordance with the provisions of section 15-2121 hereof, the board shall prepare a statement showing the name of each public corporation and a description of each parc…

§ 15-2125. Operation and maintenance charges. 1. The board shall make an estimate of an amount sufficient to pay the expense of the maintenance and operation of the works erected hereunder, including interest on temporary certificates of indebtedness issued prior to the effective…

§ 15-2127. Error in names. No error in the names of the owners of real estate, or in the descriptions thereof, shall invalidate such apportionment or the levying of assessments or taxes based thereon if sufficient description is given to identify such real estate, and the owners …

§ 15-2129. Financing. 1. After the cost of any improvement made or to be made under title 21 of this article has been apportioned among the public corporations and parcels of real estate benefited as herein provided and after such apportionment has been assessed upon such public …

§ 15-2131. Reports. 1. The board of any river regulating district created hereunder shall annually, as of such date as the department may provide, submit to it a written report, which shall contain: a. An exhibit of the personnel of the board, and all of the employees and persons…

§ 15-2133. Operation of reservoirs. 1. The board shall not permit the water in any reservoir constructed under the provisions of title 21 of this article to rise above the high flow line thereof, except during floods or other emergencies, and if during floods or other emergencies…

§ 15-2135. Hearings; hearing officers; determinations. Whenever the department is empowered under the terms of title 21 of this article to make a determination it may hear testimony and take proofs material for its information and may appoint a hearing officer by a written appoin…

§ 15-2137. Hudson River-Black River Regulating District; old boards abolished; new board created. 1. The Hudson River Regulating District and the Black River Regulating District created pursuant to this article are hereby consolidated into a single district, to include the areas …

§ 15-2139. Hudson River Regulating District and Black River Regulating District: transfer of functions; pending actions and proceedings; interpretation of documents; existing rights and remedies. 1. Except as hereinafter provided, the contracts, books, maps, plans, papers, record…

§ 15-2141. Hudson River Regulating District and Black River Regulating District: funds of the board. 1. Notwithstanding the consolidation of the Hudson River Regulating District and the Black River Regulating District into a single district, effectuated by this title, or any othe…

§ 15-2301. Legislative purpose. The purpose of title 23 of this article is to provide a method by which a project may be undertaken to improve the channel, construct dikes or regulate the flow of a river for the protection of life, property and the public health or welfare from d…

§ 15-2303. River improvement districts. 1. Bodies corporate which shall consist of and be known as river improvement districts may be created as herein provided to carry out the purposes of title 23 of this article on some particular stream or part thereof. Such river improvement…

§ 15-2305. River improvement associations. There shall be in each river improvement district an association to be known by the name of the district, as..................River Improvement Association. It shall be the object of this association to represent the interests of its mem…

§ 15-2307. Construction contracts. 1. In general all construction work shall be done by contract, but in the event that the estimated cost of such work, or of a specified portion thereof, shall not exceed the sum of ten thousand dollars, the department may, on the recommendation …

§ 15-2309. Entry upon lands, structures and waters; acquisition of property. The department, its members, officers, employees and agents may enter upon any land, structures and waters necessary for the purposes of title 23 of this article and may determine what rights in and to s…

§ 15-2311. Financing of river improvements; assessment and collection of\ncost; correction and revision of assessments.\n 1. After a river improvement project has been duly authorized and the\ndetermination of benefits and the apportionment of cost thereof duly\nrecorded, the dep…

§ 15-2313. Operation, maintenance, repair and extension of river improvements. 1. The care, operation and maintenance of any works of the river improvement district shall be subject to the control and supervision of the department. It shall be the duty of the department to mainta…

§ 15-2315. Unlawful interference with improvement works. It shall be unlawful for any person to damage, alter, change or interfere with any works constructed under the provisions of title 23 or to open or close, or cause to be opened or closed, a gate or gates in any dam or dike …

§ 15-2317. Construction of reservoir on state-owned lands in a forest preserve. If as a part of any project for the improvement of a district it is necessary to construct a reservoir on any part of the forest preserve, the department must, before making the final order, cause suc…

§ 15-2319. Payment by the state of part of cost of river improvement. Should the department find that the state of New York properly should bear a part of the cost of any river improvement, it is hereby authorized to so recommend to the Legislature and it may not proceed further …