Title ENV, Environmental Conservation

§ 15-1947. Unlawful interference with drainage works.\n 1. It shall be unlawful for any person to divert water from its\nnatural watershed in such manner that it flows into a drainage district,\nor so to divert water in a drainage district as to prevent it from\nfollowing the cou…

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

§ 15-1951. Financing of improvements.\n 1. For defraying the costs of all proceedings, surveys, studies and\nconstruction projects authorized by any section of title 19 of this\narticle, the department may raise funds pursuant to the Local Finance\nLaw. Such funds may not be borr…

§ 15-1953. Drainage improvement district fund.\n Moneys received under the provisions of title 19 of this article shall\nconstitute a fund to be known as the drainage improvement district fund,\nand the portion thereof applicable to each improvement shall be\nseparately kept by t…

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

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

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

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

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

§ 15-1965. Construction project.\n As soon as the formation of the district becomes effective, the\ndepartment shall have full power to enter into agreements with the\nproper officials of the federal government or of other agencies of the\nstate, to acquire or appropriate lands a…

§ 15-1967. Changes in project.\n After such district is formed and the original federal project\nauthorized, major changes in such project, additional federal projects\nor changes in district boundaries necessitated by such federal projects\nmay be authorized or made by following…

§ 15-1969. Continuation of district.\n Except for such projects as may be carried out by the federal\ngovernment, any district formed under the provisions of section 15-1963\nshall thereafter continue as a drainage improvement district, as though\nformed under the provisions of s…

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

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

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

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

§ 15-1979. First annual meeting; members; officers; by-laws.\n 1. Upon filing and recording, the articles of association shall be\ndeemed to be in effect and the drainage section association created\nthereby shall have the power and authority and shall assume the\nliabilities con…

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

§ 15-1983. Drainage of agricultural lands; procedure.\n 1. Any person or persons owning any swamp, bog, pond, meadow or other\nlow or wet agricultural lands within this state, or a drainage section\nassociation organized pursuant to sections 15-1973 to 15-1981, who or\nwhich shal…

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

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

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

§ 15-2107. General duties.\n 1. Upon its organization the board may prepare a plan for the\nregulation of the flow of the river or rivers in its district. Such plan\nshall show the available and feasibile reservoir sites on such river or\nrivers, whether any reservoir now existin…

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

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

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

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

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

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

§ 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.\n 1. After the apportionment of cost has been made and filed in\naccordance with the provisions of section 15-2121 hereof, the board\nshall prepare a statement showing the name of each public corporation\nand a description of each…

§ 15-2125. Operation and maintenance charges.\n 1. The board shall make an estimate of an amount sufficient to pay the\nexpense of the maintenance and operation of the works erected hereunder,\nincluding interest on temporary certificates of indebtedness issued\nprior to the effe…

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

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

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

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

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

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

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

§ 15-2141. Hudson River Regulating District and Black River Regulating\n District: funds of the board.\n 1. Notwithstanding the consolidation of the Hudson River Regulating\nDistrict and the Black River Regulating District into a single district,\neffectuated by this title, or an…

§ 15-2301. Legislative purpose.\n The purpose of title 23 of this article is to provide a method by\nwhich a project may be undertaken to improve the channel, construct\ndikes or regulate the flow of a river for the protection of life,\nproperty and the public health or welfare f…

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

§ 15-2305. River improvement associations.\n There shall be in each river improvement district an association to be\nknown by the name of the district, as..................River Improvement\nAssociation. It shall be the object of this association to represent the\ninterests of it…

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

§ 15-2309. Entry upon lands, structures and waters; acquisition of\n property.\n The department, its members, officers, employees and agents may enter\nupon any land, structures and waters necessary for the purposes of title\n23 of this article and may determine what rights in an…

§ 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\n improvements.\n 1. The care, operation and maintenance of any works of the river\nimprovement district shall be subject to the control and supervision of\nthe department. It shall be the duty of the department to …

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

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

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