NY-ENV Environmental Conservation Law NY

Declaration of policy.

1. The quality of our environment is fundamental to our concern for

the quality of life. It is hereby declared to be the policy of the State

of New York to conserve, improve and protect its natural resources and

environment and to prevent, abate and control water, land and air

pollution, in order to enhance the health, safety and welfare of the

people of the state and their overall economic and social well being.

2. It shall further be the policy of the state to improve and

coordinate the environmental plans, functions, powers and programs of

the state, in cooperation with the federal government, regions, local

governments, other public and private organizations and the concerned

individual, and to develop and manage the basic resources of water,

land, and air to the end that the state may fulfill its responsibility

as trustee of the environment for the present and future generations.

3. It shall further be the policy of the state to foster, promote,

create and maintain conditions under which man and nature can thrive in

harmony with each other, and achieve social, economic and technological

progress for present and future generations by:

a. Assuring surroundings which are healthful and aesthetically

pleasing;

b. Guaranteeing that the widest range of beneficial uses of the

environment is attained without risk to health or safety, unnecessary

degradation or other undesirable or unintended consequences;

c. Promoting patterns of development and technology which minimize

adverse impact on the environment;

d. Preserving the unique qualities of special resources such as the

Adirondack and Catskill forest preserves;

e. Providing that care is taken for the air, water and other resources

that are shared with the other states of the United States and with

Canada in the manner of a good neighbor.

Short title.

This chapter shall be known as the "Environmental Conservation Law,"

and may be cited as "ECL."

General definitions.

Whenever used in this chapter, unless a different meaning clearly

appears from the context or unless a different meaning is stated in a

definition applicable to only a portion of this chapter:

1. "Air pollution emergency" means a combination of circumstances

which requires immediate action to reduce the quantity of contaminants

in the atmosphere due to danger to public health and welfare, injury to

agricultural crops and livestock, damage to and deterioration of

property, hazards to air and ground transportation or impairment of

environmental quality.

2. "Article," "title," "section" and "subdivision" shall mean such

article, title, section or subdivision of this chapter.

4. "Commissioner" shall mean the state Commissioner of Environmental

Conservation.

5. "Consolidated health district" shall mean a health district

established under section 390 of the Public Health Law.

6. "Council" shall mean the Council of Environmental Advisers.

7. "County department of health" shall mean that division of the

county government having jurisdiction over the public health of a county

or part-county health district.

8. "County health commissioner" shall mean the executive officer of a

county department of health.

9. "County health district" shall mean a health district comprising

the entire county heretofore or hereafter established.

10. "County legislative body" shall mean the board of supervisors, or

the elected county legislative body, if the county has one.

11. "Department" shall mean the state Department of Environmental

Conservation.

12. "Health district" shall mean a county health district, part-county

health district, city, town, village or consolidated health district

having a separate board of health.

13. "Local board of health" shall mean the board of health of a

county, part-county, city, village, town or consolidated health

district.

14. "Local health officer" shall mean the health officer of a county,

part-county, city, village, town or consolidated health district.

15. As used in sections 3-0109 through 3-0115, inclusive, and sections

3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9,

11 and 13 of article 21; article 23; title 3 of article 27; articles 43,

45 and 47; and titles 1 through 13 inclusive and title 33 of article 71

applicable to these provisions, "local public corporation" shall mean

any "municipal corporation" or "district corporation" as defined in

subdivisions two and three of section sixty-six of the general

construction law.

16. As used in articles 17 and 19 of this chapter, "municipality"

shall mean a city, village, town or consolidated health district.

17. "Part-county health district" shall mean all that part of a county

outside of a city or cities having a population of fifty thousand or

more heretofore or hereafter established as a health district.

18. "Person" shall mean any individual, public or private corporation,

political subdivision, government agency, department or bureau of the

state, municipality, industry, co-partnership, association, firm, trust,

estate or any other legal entity whatsoever. Provided, however, that for

purposes of sections 3-0109 through 3-0115 inclusive, and sections

3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9,

11 and 13 of article 21; article 23; articles 43, 45 and 47; sections

57-0121 and 57-0123 of article 57; and titles 1 through 13 inclusive and

title 33 of article 71 applicable to these provisions, "person" means

any individual, firm, co-partnership, association or corporation other

than the state and a "public corporation".

19. "Pollution" shall mean the presence in the environment of

conditions and or contaminants in quantities of characteristics which

are or may be injurious to human, plant or animal life or to property or

which unreasonably interfere with the comfortable enjoyment of life and

property throughout such areas of the state as shall be affected

thereby.

20. As used in sections 3-0109 through 3-0115 inclusive, and sections

3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9,

11 and 13 of article 21; article 23; title 3 of article 27; articles 43,

45 and 47; and titles 1 through 15 inclusive and title 33 of article 71

applicable to these provisions, "public corporation" shall mean "public

corporation" as defined in subdivision 1 of section 3 of the General

Corporation Law and includes all public authorities.

21. As used in sections 3-0109 through 3-0115 inclusive, and sections

3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9,

11 and 13 of article 21; article 23; title 3 of article 27; articles 43,

45 and 47; and titles 1 through 15 inclusive and title 33 of article 71

applicable to these provisions, "state public corporation" shall mean

public benefit corporation to which the Governor appoints a majority of

the members. A person who is a member of a public corporation by virtue

of holding another state office shall be deemed to be selected as a

member of the public benefit corporation in the manner in which he was

selected for such other office.

22. "Infant" or "minor" shall mean any person who has not attained the

age of eighteen years.

23. "Arbor day" shall mean the last Friday of April.

24. "Sole source aquifer" shall mean an aquifer system that the United

States environmental protection agency, pursuant to Public Law 93-523

which is known as the federal Safe Drinking Water Act of 1974, has

designated as the sole or principal drinking water source for an area

and which, if contaminated, would create a significant hazard to public

health.

25. "Telecommuting" shall mean the conservation of energy through the

reduction of travel by employees of the department to and from their

designated workplace through the use of telecommunication and computer

technology in tasks including, but not limited to, information transfer

and processing.

26. "Nature-based solution" shall mean a project that utilizes or

mimics nature or natural processes and functions and that may also offer

environmental, economic, and social benefits, while increasing

resilience. Nature-based solutions include both green and natural

infrastructure.

Continuation of department.

The Department of Environmental Conservation, which was established by

chapter 140 of the Laws of 1970, is hereby continued, and all the

powers, functions, duties and obligations possessed by the department

pursuant to such chapter immediately preceding the effective date of

this chapter are hereby continued.

Commissioner of environmental conservation.

The head of the department shall be the Commissioner of Environmental

Conservation, who shall be appointed by the Governor, by and with the

advice and consent of the Senate, and hold office at the pleasure of the

Governor by whom he was appointed and until his successor is appointed

and has qualified.

* § 3-0105. Offices of department.

The principal office of the department shall be in the County of

Albany.

* NB Effective prior to Dept. of Environmental Conservation moving to

the city of Albany

* § 3-0105. Offices of the department.

The principal office of the department shall be in the city of Albany.

* NB Effective upon Dept. of Environmental Conservation moving to the

city of Albany

Organization of department; officers and employees.

1. Notwithstanding any inconsistent provision of law the commissioner

may, from time to time, create, abolish, transfer and consolidate

divisions, bureaus, field offices and other units within the department,

including those transferred to the department by chapter 140 of the laws

of 1970, as he may determine necessary for the efficient operation of

the department, subject to the approval of the Director of the Budget.

2. The commissioner may appoint such deputies, directors, assistants

and other officers and employees as may be needed for the performance of

his duties and may prescribe their powers and duties and fix their

compensation within the amounts appropriated therefor, subject to the

approval of the Director of the Budget.

Eligibility for certain offices.

No person shall be eligible for or shall continue to hold the office

of commissioner, deputy commissioner, secretary to the department, if

any there be, or head of a division who is engaged in the business of

lumbering in any forest preserve county or who is engaged in any

business in the prosecution of which hydraulic power is used or in which

water is distributed or sold under any public franchise or who is an

officer or holder of stocks or bonds of any corporation engaged in such

business within the state.

The New York State Conservationist.

1. To the end that there shall be promoted a wider understanding of

the problems affecting conservation of natural resources in this state,

it is declared advisable to authorize the agents who issue hunting,

fishing and trapping licenses to sell annual subscriptions to the

official magazine of the department, "The New York State

Conservationist."

2. Any entity which is authorized by section 11-0713 of this chapter

to sell hunting, trapping and fishing licenses is hereby authorized, but

not required, to sell annual subscriptions to the department's official

magazine, "The New York State Conservationist." The fee to be charged

for a subscription to such magazine shall be such fee as the

commissioner may, after consultation with the division of the budget,

deem necessary for the best interest of the state. Such fee shall be

collected from each subscriber at the time of receiving application for

subscription. All collected fees, minus a 5.5 percent commission, shall

be remitted monthly, on a schedule to be determined by the department.

All receipts of the department from subscriptions shall be deposited in

an account in the miscellaneous special revenue fund-other. The

comptroller is authorized and directed to permit interest earnings on

any balances to accrue to the benefit of this account.

Establishment of forestry and wildlife management areas by

United States; consent of state.

1. To implement and supplement federal statutes now in effect and to

authorize the acquisition by the United States of America of upland area

for conservation purposes, the consent of the State of New York is

hereby granted to the United States of America:

a. To acquire, on or before July 1, 1940, by means of purchase,

devise, gift or condemnation such upland areas in the State of New York

and outside the statutory boundaries of the Adirondack and Catskill

parks as are necessary and suitable for forestry and wildlife management

areas; and

b. To forest or reforest such areas and to construct or erect upon

such lands, such truck trails, bridges, ditches, fire lanes, water

holes, service structures and similar improvements as are necessary for

the protection and administration of these lands as forestry or wildlife

management areas; and

c. To hold title to such upland areas herein described and heretofore

acquired for the foregoing purposes, reserving, however, to the State of

New York, full and complete jurisdiction and authority over all such

areas not incompatible with the administration, maintenance, and

protection thereof by the United States of America; provided, however,

that the United States of America shall make no regulations governing

such areas which shall be in conflict with the provisions of the

Conservation Law, as amended or as may hereafter be amended, or those

provisions of the Environmental Conservation Law of the State of New

York which were derived from the Conservation Law.

2. Such lands as are under contract of purchase by the United States

of America, or to acquire which condemnation proceedings have been

commenced on or before July 1, 1940 shall be deemed acquired within the

meaning of paragraph a of subdivision one of this section.

Activities of local governmental agencies.

1. Activities of local health boards, departments and officers and

other local government agencies pertaining to functions, powers and

duties which were transferred pursuant to chapter 140 of the Laws of

1970, from the Department and Commissioner of Health to the Department

and Commissioner of Environmental Conservation shall be eligible for aid

under the provisions of titles 1, 2, and 3 of article 6 of the Public

Health Law to the same extent such activities were eligible for such aid

if conducted immediately prior to the effective date of chapter 140 of

the Laws of 1970. The Commissioner of Environmental Conservation shall

exercise the same powers of approval and supervision with respect to

such activities as were exercised by the Commissioner of Health

immediately prior to the effective date of that chapter.

2. Counties and cities shall be eligible for aid for other

environmental conservation activities pertaining to functions, powers

and duties other than those which were so transferred pursuant to

chapter 140 of the Laws of 1970. Such other activities shall be

described under rules and regulations adopted pursuant to subdivision

four of this section.

3. A county or city shall be eligible for aid whenever it shall

appropriate or otherwise make funds available and expend monies for the

purpose of defraying expenses incurred in undertaking environmental

conservation activities under this section. The appropriations made or

to be made by the legislature for the purpose of carrying out the

provisions of this section shall be apportioned and made available by

the director of the budget to the Commissioner of Environmental

Conservation. The rate of aid shall be set annually by the Commissioner

of Environmental Conservation, provided however, that except as

otherwise provided in the public health law, the rate shall not exceed

fifty percentum of the amount expended annually by a county or city. In

the event that the amount appropriated by the legislature is

insufficient to make full payment of all state aid to which eligible

counties and cities would otherwise be entitled under this section, the

amounts appropriated shall be apportioned in proportion to the amounts

to which such counties and cities would otherwise be entitled.

4. The Department of Environmental Conservation shall adopt rules and

regulations to implement the provisions of this section, which shall

include, but not be limited to the establishment of the following:

information and reporting requirements; activity, facility,

construction, equipment, service, administration and work eligibility

requirements and standards; department inspection, examination and

approval procedures; qualifications for persons engaged in environmental

conservation activities; and minimum criteria for the composition of

county and city government bodies that may be authorized to engage in

activities for which aid may be sought.

Laboratory tests.

Any laboratory tests or sample analysis required pursuant to article

seventeen, nineteen or twenty-seven of this chapter for which the

commissioner of health issues certificates of approval pursuant to

section five hundred two of the public health law shall be conducted by

a laboratory which has been issued a certificate of approval.

General functions, powers and duties of the department and the

commissioner.

1. It shall be the responsibility of the department, in accordance

with such existing provisions and limitations as may be elsewhere set

forth in law, by and through the commissioner to carry out the

environmental policy of the state set forth in section 1-0101 of this

chapter. In so doing, the commissioner shall have power to:

a. Coordinate and develop policies, planning and programs related to

the environment of the state and regions thereof;

b. Promote and coordinate management of water, land, fish, wildlife

and air resources to assure their protection, enchancement, provision,

allocation, and balanced utilization consistent with the environmental

policy of the state and take into account the cumulative impact upon all

of such resources in making any determination in connection with any

license, order, permit, certification or other similar action or

promulgating any rule or regulation, standard or criterion;

bb. Prescribe the qualifications for operators of public sewage

treatment plants.

c. Provide for the propagation, protection, and management of fish and

other aquatic life and wildlife and the preservation of endangered

species;

cc. Prescribe and certify the qualifications for operators of solid

waste management facilities as defined in section 27-0701 of this

chapter; provided, however, that the commissioner shall not require the

certification of operators until the commissioner shall have identified

or established programs of training within the state that satisfy such

qualifications;

d. Provide for the care, custody, and control of the forest preserve;

e. Provide for the protection and management of marine and coastal

resources and of wetlands, estuaries and shorelines;

f. Foster and promote sound practices for the use of agricultural

land, river valleys, open land, and other areas of unique value;

g. Encourage industrial, commercial, residential and community

development which provides the best usage of land areas, maximizes

environmental benefits and minimizes the effects of less desirable

environmental conditions;

gg. Develop a plan to maximize the use of telecommuting to conserve

energy otherwise used by the personnel of the department in commuting to

their assigned workplace. Within one year of the effective date of this

paragraph, the department shall submit a report to the governor and the

legislature on the impact of such plan to include, but not be limited

to, energy conservation, air quality, workforce acceptance, office costs

and potential cost savings.

h. Assure the preservation and enhancement of natural beauty and

man-made scenic qualities;

hh. Cooperate with the office of probation and correctional

alternatives by identifying appropriate worksites where persons

performing community service as part of a criminal disposition may be

assigned to provide cleanup and other maintenance services in order to

preserve and enhance the state's natural beauty and human-made scenic

qualities. Such sites may include but are not limited to the state's

shorelines, beaches, parks, roadways, historic sites and other natural

or human-made resources.

i. Provide for prevention and abatement of all water, land and air

pollution including, but not limited to, that related to hazardous

substances, particulates, gases, dust, vapors, noise, radiation, odor,

nutrients and heated liquids;

j. Promote control of pests and regulate the use, storage and disposal

of pesticides and other chemicals which may be harmful to man, animals,

plant life, or natural resources;

k. Promote control of weeds and aquatic growth, develop methods of

prevention and eradication, and regulate herbicides;

l. Provide and recommend methods for the recovery, recycling and

reuse; or, where recycling and reuse are not possible, the disposal of

solid wastes, including domestic and industrial refuse, junk cars,

litter and debris consistent with sound health, scenic, environmental

quality, and land use practices;

m. Prevent pollution through the regulation of the storage, handling

and transport of solids, liquids and gases which may cause or contribute

to pollution;

n. Promote restoration and reclamation of degraded or despoiled areas

and natural resources;

o. Encourage recycling and reuse of products to conserve resources and

reduce waste products;

p. Administer properties having unique natural beauty, wilderness

character, or geological, ecological or historical significance

dedicated by law to the state nature and historical preserve;

q. Formulate guides for measuring presently unquantified environmental

values and relationships so they may be given appropriate consideration

along with social, economic, and technical considerations in

decision-making;

r. Encourage and undertake scientific investigation and research on

the ecological process, pollution prevention and abatement, recycling

and reuse of resources, and other areas essential to understanding and

achievement of the environmental policy;

s. Assess new and changing technology and development patterns to

identify long-range implications for the environment and encourage

alternatives which minimize adverse impact;

t. Monitor the environment to afford more effective and efficient

control practices, to identify changes and conditions in ecological

systems and to warn of emergency conditions;

u. Encourage activities consistent with the purposes of this chapter

by advising and assisting local governments, institutions, industries,

and individuals;

v. Undertake an extensive public information and education program to

inform and involve other public and private organizations and groups and

the general public in the commitment to the principles and practices of

environmental conservation and develop programs for the teaching by

others of such principles and practices;

w. Cooperate with the executive, legislative and planning authorities

of the United States, neighboring states and their municipalities and

the Dominion of Canada in furtherance of the policy of this state as set

forth in section 1-0101;

x. Exercise and perform such other functions, powers and duties as

shall have been or may be from time to time conveyed or imposed by law,

including, but not limited to, all the functions, powers and duties

assigned and transferred to the department from the Department of

Health, Conservation Department, Department of Agriculture and Markets,

and Office for Local Government in the Executive Department by chapter

140 of the laws of 1970.

y. To prevent and control air pollution emergencies, as defined in

subdivision 1 of section 1-0303 hereof. In exercising such prevention

and control the department and the commissioner may limit the

consumption of fuels and use of vehicles, curtail or require the

cessation of industrial processes and limit or require the cessation of

incineration and open burning, and take any other action he may deem

necessary to prevent and/or control air pollution emergencies. The

department and commissioner shall adopt and implement by rule and

regulation a plan designed to prevent and control such air pollution

emergencies.

z. Within amounts appropriated to the department, to contract, outside

the city of New York, with federally-funded nonprofit organizations that

are organized for the purpose of beautification of highways, parks and

recreation areas and employ persons sixty years of age or older whose

net annual income does not exceed one thousand dollars to carry out such

activities. The contract shall name the organization, the amount and

manner of payment for the service to be rendered, nature of such

service, the rendering of a verified account of the disbursements and

verified or certified vouchers therefor attached, a refund of any unused

amount, and such other conditions upon the use thereof as may be deemed

proper.

2. To further assist in carrying out the policy of this state as

provided in section 1-0101 of the chapter the department, by and through

the commissioner, shall be authorized to:

a. Adopt, amend or repeal environmental standards, criteria and those

rules and regulations having the force and effect of standards and

criteria to carry out the purposes and provisions of this act. Any such

environmental standard, criterion, rule or regulation or change thereto

shall become effective thirty days after being filed with the Secretary

of State for publication in the "Official Compilation of Codes, Rules,

and Regulations of the State of New York" published pursuant to section

one hundred two of the Executive Law. This provision shall not in any

way restrict the commissioner in the exercise of any function, power or

duty transferred to him or her and heretofore authorized to be exercised

by any other department acting through its commissioner to promulgate,

adopt, amend or repeal any standards, rules and regulations. No such

environmental standards, criterion, rule or regulation or change thereto

shall be proposed for approval unless a public hearing relating to the

subject of such standard shall be held by the commissioner prior thereto

not less than sixty days after date of notice therefor, any provision of

law to the contrary notwithstanding. Notice shall be given by public

advertisement of the date, time, place and purpose of such hearing.

aa. (1) A "construction emergency" is damage to or an imminent danger

of failure, or the malfunction of buildings, structures or property

caused by a sudden and unexpected occurrence which involves a pressing

necessity for immediate repair, reconstruction or maintenance in order

to permit the safe continuation of necessary public use or function, or

to protect the property of the state of New York, or the life, health or

safety of any person.

(2) Whenever the commissioner determines and declares that a

construction emergency exists, the commissioner may have immediate work

performed to protect life, limb, property, public health or safety, or

essential services by utilizing the services of a contractor selected in

accordance with procedures developed by the department and approved by

the state comptroller.

(3) Such procedures shall provide for consideration of solicitation of

sufficient competition to the extent practicable, from responsible

contractors representative of the contracting community by inviting at

least five contractors who are capable of performing such work;

permitting said contractors to examine the site and submit bids for the

required emergency restoration work at a time and place to be determined

by the commissioner; and submission of a notice of emergency award for

publication in the procurement opportunities newsletter as soon as

practicable after the award.

(4) Such emergency work shall reasonably be expected to be completed

within a period of thirty days and emergency contracts shall be let only

for work necessary to remedy or alleviate a construction emergency.

(5) If the selected contractor is already under contract to the

department such work may be undertaken as additional work on the

existing contract, notwithstanding the existing scope of work.

(6) The commissioner shall promptly notify the office of the state

comptroller, the office of the attorney general, and the office of the

division of the budget, and shall provide an estimate of the cost and

duration of the emergency work.

b. Enter into contracts with any person to do all things necessary or

convenient to carry out the functions, powers and duties of the

department.

bb. Develop and implement an "I Love New York Fishing" passbook

program to encourage additional fishing in this state. The program shall

be administered according to the provisions of subdivision five of

section 11-1307 of this chapter.

c. Review and appraise programs and activities of state departments

and agencies in light of the policy set forth in section 1-0101 of this

chapter for the purpose of determining the extent to which such programs

and activities are contributing to the achievement of such policy and to

make recommendations to such departments and agencies with respect

thereto, including but not limited to, environmental guidelines for

their use.

cc. Cooperate with the department of agriculture and markets, the

environmental facilities corporation, and other state agencies and

public authorities to establish methods to facilitate loans to eligible

borrowers to prevent and control non-point source water pollution and to

develop educational materials for potential borrowers, including,

without limitation, members of the agricultural community, about the

low-interest loans available through the water pollution control linked

deposit program and to develop an application form to be provided to

lenders for the linked deposit loan requests. The department may

promulgate rules and regulations necessary and reasonable for the

operation of the program.

d. Consult with and co-operate with:

(1) Officials of departments and agencies of the state having duties

and responsibilities concerning the environment;

(2) Officials and representatives of any public benefit corporation in

the state;

(3) Officials and representatives of the federal government, of other

states and of interstate agencies on problems affecting the environment

of this state;

(4) Persons, organizations and groups, public and private, utilizing,

served by, interested in or concerned with the environment in the state;

(5) The appropriate committee or committees of the Legislature.

e. Appear and participate in proceedings before any federal regulatory

agency involving or affecting the purposes of this department.

f. Undertake any studies, inquiries, surveys or analyses it may deem

relevant through the personnel of the department or in co-operation with

any public or private agencies, including educational, civic and

research organizations, colleges, universities, institutes or

foundations, for the accomplishment of the purposes of the department.

g. Enter and inspect any property or premises for the purpose of

investigating either actual or suspected sources of pollution or

contamination or for the purpose of ascertaining compliance or

noncompliance with any law, rule or regulation which may be promulgated

pursuant to this chapter. Any information relating to secret processes

or methods of manufacture shall be kept confidential.

h. Conduct investigations and hold hearings and compel the attendance

of witnesses and the production of accounts, books, documents, and

nondocumentary evidence by the issuance of a subpoena.

i. Advise and cooperate with municipal, county, regional and other

local agencies and officials within the state, to carry out the purposes

of chapter 140 of the laws of 1970.

j. Act as the official agency of the state in all matters affecting

the purposes of the department under any federal laws now or hereafter

to be enacted, and as the official agency of a county, town, city,

village or authority in connection with the grant or advance of any

federal or other funds or credits to the state or through the state to

its local governing bodies for the purposes of chapter 140 of the laws

of 1970.

k. Report from time to time to the Governor and make an annual report

to the Governor and the Legislature.

l. Formulate and execute contracts, keep accounts, record personnel

data, acquire real or personal property, including acquisition by

condemnation, appropriation, gift grant, devise or bequest, adjust

claims, compile statistics and engage in research opportunities; all

according to the statutes or department orders and regulations in such

cases made and provided.

m. Adopt such rules, regulations and procedures as may be necessary,

convenient or desirable to effectuate the purposes of this chapter.

n. Study, monitor, control and regulate pollution from motor vehicle

exhaust emissions.

o. When requested to do so by another state with which New York has

reciprocally agreed to provide personnel and equipment, provide such

personnel and equipment for use in suppression of forest fires upon

lands within such other state.

p. Notwithstanding any other provision of this chapter, delegate to

municipal health or environmental departments or agencies or other

appropriate governmental entities including the state soil and water

conservation committee and the soil and water conservation districts,

any of which shall meet such qualifications relating to adequate

authority, expertise, staff, funding and other matters as may be

prescribed, such functions of review, approval of plans, issuance of

permits, licenses, certificates or approvals required or authorized by

this chapter as the commissioner may deem appropriate in order to

expedite the review of matters within the jurisdiction of the

department, to provide for better coordination among different levels of

government or to enhance environmental protection, subject to such

conditions as he may establish. The powers delegated pursuant to this

part may be withdrawn by the commissioner, at any time, upon thirty days

written notice to the department, agency or other governmental entity

including the state soil and water conservation committee and the soil

and water conservation districts holding such powers by virtue of this

paragraph.

q. Require that a written instrument submitted pursuant to this

chapter or a rule or regulation adopted pursuant hereto contain a form

notice to the effect that false statements made therein are punishable

pursuant to section 210.45 of the penal law.

r. Notwithstanding the provisions of article six of the public

officers law, deny access to inspection of records which identify

locations of habitats of species designated endangered pursuant to

section 11-0535 of this chapter, protected pursuant to section 9-1503 of

this chapter or any other species or unique combination of species of

flora or fauna where the destruction of such habitat or the removal of

such species therefrom would impair their ability to survive provided,

however, that the commissioner may, in his discretion permit access to

such inspection to persons engaged in legitimate scientific and academic

research.

s. Coordinate and conduct Arbor day ceremonies on the last Friday of

April in cooperation with the department of education and the department

of agriculture and markets.

t. Establish a program, in consultation with the conservation fund

advisory council for the sale of limited edition prints of fish and

wildlife paintings with the proceeds to be credited to the conservation

fund established pursuant to section eighty-three of the state finance

law.

u. Notwithstanding any other provisions of this chapter, establish a

program to offer for sale to the public of items symbolic of

contributions made to support department activities performed as steward

of lands under its jurisdiction. The terms upon which such items will be

available and the relevant donations for such items shall be set forth

in regulations to be promulgated by the commissioner provided, however,

that no such item shall be offered unless the amount of such donation

exceeds the value of the item. All receipts of the department from such

contributions shall be deposited in and separately accounted for in an

account in the miscellaneous state special revenue fund, expenditures

from which shall be limited to the activities of the department pursuant

to this paragraph and activities performed as steward of lands under its

jurisdiction.

v. Except for the forest preserve which is under the care, custody and

control of the department pursuant to paragraph d of subdivision one of

this section and subdivision one of section 9-0105 of this chapter,

administer and manage the real property under the jurisdiction of the

department for the purpose of preserving, protecting and enhancing the

natural resource value for which the property was acquired or to which

it is dedicated, employing all appropriate management activities.

w. Shall prepare and submit to the federally appointed "Aquatic

Nuisance Species Task Force" two comprehensive management plans, after

notice and opportunity for public comment, for funding of New York state

activities under the Federal Non-indigenous Aquatic Nuisance Prevention

and Control Act of 1990, Public Law 101-646, by January 1, 1992. One

such plan shall identify those areas or activities within the state,

other than those related to public facilities, where technical and

financial assistance is needed within the state to eliminate or reduce

environmental, public health and safety risks and to mitigate the

financial impact upon the state associated with non-indigenous aquatic

species, particularly zebra mussels. The other plan shall be a "public

facility management plan" which is limited solely to identifying those

public facilities within the state for which technical and financial

assistance is needed to reduce infestations of zebra mussels. Each plan

shall identify the management practices and measures that will be

undertaken to reduce infestations of aquatic nuisance species,

especially zebra mussels, and include the following: (1) a description

of the state and local programs for environmentally sound prevention and

control of the target species; (2) a description of federal activities

that may be needed for environmentally sound prevention and control of

aquatic nuisance species and a description of the manner in which those

activities should be coordinated with state and local government

activities; and (3) a schedule for implementing the plan, including a

schedule of annual objectives. In developing and implementing these

management plans, the department shall, to the maximum extent

practicable, involve local governments, regional entities and public and

private organizations that have expertise in the control of aquatic

nuisance species. Copies of these plans shall also be submitted to the

temporary president of the senate and the speaker of the assembly, and

the department shall annually, on or before January first, submit to the

temporary president of the senate and speaker of the assembly a report

on the activities of the department under these plans.

x. Consistent with paragraph v of subdivision 1 of this section, offer

for sale advertising or corporate sponsorship space in various

departmental publications, including but not limited to "The

Conservationist", the annual compilation and syllabus of laws, rules and

regulations governing fish and wildlife as required by section 11-0323

of this chapter, and offer for sale informational and promotional

material related to lands, facilities and resources under the

jurisdiction of the department. Any proceeds realized from the sale of

advertising or corporate sponsorships shall be deposited in a special

revenue account to be selected by the department and the division of the

budget except that proceeds from advertising or corporate sponsorship in

"The Conservationist" shall be deposited in the environmental

conservation special revenue fund, "The Conservationist" magazine

account, and proceeds from advertising or corporate sponsorship in the

annual compilation and syllabus of laws, rules and regulations governing

fish and wildlife as required by section 11-0323 of this chapter shall

be deposited in the conservation fund.

* y. The department, by contract or otherwise, is hereby authorized to

engage in games, contests or other promotions or advertising schemes or

plans, hereinafter referred to as "an event or events," which are

intended to increase, improve, stabilize or otherwise assist in

development of the subscriber base of "The Conservationist" in

accordance with the following:

(1) An event may include sweepstakes and other similar marketing

techniques intended to heighten public awareness, interest and

participation in department programs including but not limited to

purchasing of subscriptions, licenses, or camping permits.

(2) The department is authorized to offer the opportunity to receive

gifts, prizes or gratuities, as determined by chance, without any

consideration therefor.

(3) The department shall develop a statement, which shall be included

in any and all promotions of an event, which shall contain the following

information:

(i) the minimum number of entry forms to be made available;

(ii) the minimum number of prizes that shall be included in the event;

(iii) the proportionate opportunity of winning prizes;

(iv) the minimum value of prizes to be made available;

(v) the rules pertaining to the event, which shall include the period

of time and the geographic area to be covered by the event and which

shall not be subject to the rulemaking procedures of the state

administrative procedure act; and

(vi) such additional information as may be deemed in the best

interests of the state as determined by the commissioner.

(4) The department is authorized to accept donations for the purposes

of providing publicity, prizes, incentives or other inducements for

participation in the event. Donations may be of goods and services,

shall not exceed five thousand dollars in value, per donor per contest,

and must be of a nature consistent with the purposes of the department,

and in the best interests of the state as determined by the

commissioner.

* NB Repealed August 1, 2027

z. Issue and amend guidance memoranda and similar documents of general

applicability which are to be relied upon by department personnel for

implementation of this chapter, and rules and regulations promulgated

pursuant thereto, and for guidance to the general public in complying

with the requirements of this chapter; provided, however, that (1) in no

event shall any such document be issued by the department in violation

of the state administrative procedure act where and to the extent that a

duly promulgated rule or regulation would be required, and (2) no such

document shall be implemented until thirty days after the full text, or

a summary thereof, along with information on how the full text may be

obtained, has been published in the environmental notice bulletin, as

defined in section 70-0105 of this chapter. At a minimum, the full text

of each such document shall be made available by the department on and

after the date of such publication to the public upon request, and, in

addition, at least one copy shall be made available in the department's

main office and in each regional office for public inspection. The

department shall publish and invite public comment on a draft version of

any such document, unless it determines that to do so would delay or

otherwise impede compliance with the underlying statute or regulation,

provided that, when a document is issued without making provisions for

public comment, the department shall also publish its reason or reasons

for deeming such provisions inappropriate. This paragraph shall not

apply to (i) declaratory rulings issued pursuant to section two hundred

four of the state administrative procedure act or (ii) documents which

only concern the internal management of the agency and which do not have

any effect on the rights of or procedures or practices available to the

public. Each January, the department shall publish in the environmental

notice bulletin an index of its existing guidance documents, and

indicate how the full text thereof may be obtained; provided, however,

that the secretary of state may exempt the department from compliance

with this publication requirement upon a determination that the

department has published on its website the full text of all guidance

documents on which it currently relies. The secretary of state shall

publish a notice of such determination identifying the website in the

state register.

2-a. a. To further assist in carrying out the policy of this state as

provided in section 1-0101 of this chapter, the department, by and

through the commissioner shall:

(1) authorize and encourage the use of nature-based solutions as the

preferred alternative, where appropriate, for stabilizing tidal

shorelines in the state when promulgating and implementing rules and

regulations relating thereto, specifically including, but not limited

to, those promulgated and implemented for articles fifteen, twenty-five

and thirty-four of this chapter. The department shall consult with the

United States army corps of engineers to ensure the minimization of

conflicts with federal law and regulation.

(2) continue developing integrated guidance for the management of

tidal shoreline systems to provide a technical basis for the

coordination of permit decisions required by any regulatory entity

exercising authority over a shoreline management project. Such guidance

shall:

(i) communicate to stakeholders and regulatory authorities that it is

the policy of the state that some shorelines shall remain natural unless

stabilization is necessary, and when stabilization is deemed necessary,

it shall support nature-based solutions as the preferred alternative for

stabilizing tidal shorelines;

(ii) identify preferred shoreline management approaches for the

shoreline and community types found in the state;

(iii) explain the risks and benefits of protection provided by various

shoreline system elements associated with each management option; and

(iv) recommend procedures to achieve efficiency and effectiveness by

the various regulatory entities exercising authority over a shoreline

management project.

(3) give preference to a permit application for a shoreline management

project based on nature-based solution design unless an alternative

analysis containing a review of nature-based solutions that have been

evaluated using the best available information shows that such

approaches are not suitable. If this analysis shows that a nature-based

solution approach is unsuitable or inconsistent with land-use

regulations, the department shall require the applicant to incorporate,

to the maximum extent possible, elements of a nature-based solution that

are suitable for the project where appropriate.

b. (1) For the purposes of this subdivision, "nature-based solution"

shall have the same meaning as defined in subdivision twenty-six of

section 1-0303 of this chapter and shall specifically mean techniques

applied within the tidal zone that incorporate natural, native living

features.

(2) When considering a nature-based solution the department should

prioritize techniques, including but not limited to those that:

(i) control or reduce shoreline erosion while maintaining benefits

comparable to the natural shoreline including, but not limited to,

allowing for natural sediment movement;

(ii) improve, restore, or maintain the connection between the upland

and water habitats; and

(iii) incorporate habitat enhancement and natural elements, including

but not limited to native re-vegetation or establishment of new

vegetation consistent with a natural shoreline typical of the current

site location either:

(A) under current conditions, or

(B) as adjusted for science-based state sea-level rise projections,

utilizing the appropriate projection scenario at a time interval

appropriate for the anticipated lifespan of the project but not less

than twenty years after the anticipated project completion, pursuant to

section 3-0319 of this title for such location.

3. The department shall not alter the boundaries of any of the nine

administrative regions from the boundaries existing on January first,

nineteen hundred seventy-seven without first holding public hearings in

each region affected.

4. The commissioner shall cooperate with the commissioner of the state

department of health, district attorneys and the department of law in

providing assistance in the investigation and prosecution of violations

of article twenty-seven of this chapter.

5. To facilitate the practice of forestry by electing to comment upon

proposed local laws or ordinances that may restrict the practice of

forestry.

Review of state-owned lands.

Within amounts appropriated therefor, by January first, nineteen

hundred ninety-five, the commissioner, in consultation with the New York

state biodiversity research institute created pursuant to section two

hundred thirty-five-a of the education law, shall conduct a review of

lands currently in state-ownership and under the department's

jurisdiction to identify lands and waters that harbor plants, animals,

and ecological communities that are rare in New York state.

Statewide environmental plan.

1. The department shall formulate and from time to time revise a

statewide environmental plan for the management and protection of the

quality of the environment and the natural resources of the state, in

furtherance of the legislative policy and purposes expressed in chapter

140 of the laws of 1970.

2. The department shall submit such plan to the Governor and to the

Department of State on or before October first, nineteen hundred

seventy-five, and thereafter shall submit periodic revisions of such

plan to the governor and to the Department of State. The Department of

State shall review such plan and such revisions and shall submit a

report thereon together with such recommendations within sixty days as

it may deem appropriate to the Governor. The governor shall approve,

approve with modifications, or reject such plan within sixty days.

3. In formulating such plan and any revisions, the department shall:

a. Conduct one or more public hearings;

b. Consult with and cooperate with:

(1) Officials of departments and agencies of the state having duties

and responsibilities concerning the environment;

(2) Officials and representatives of the federal government, of

neighboring states and of interstate agencies on problems affecting the

environment of this state;

(3) Officials and representatives of local government in the state;

(4) Officials and representatives of science, industry, and education;

(5) Persons, organizations and groups, public or private, utilizing,

served by, interested in or concerned with the environment of the state;

and

c. Request and receive from any department, division, board, bureau,

commission or other agency of the state or any political subdivision

thereof or any public authority such assistance and data as may be

necessary to enable the department to carry out its responsibilities

under this section.

The department shall compile and maintain an inventory of

educational resources for teaching the principles of

environmental conservation in New York state.

Inventory of educational resources for teaching the principles of

environmental conservation in New York state. l. Legislative findings.

The people of the state of New York, through the temporary state

commission on youth education in environmental conservation, have

expressed the need for resource information assistance if they are to

improve their local programs in environmental education.

The legislature hereby affirms this need and declares that a

regionally responsive system for identifying resources through a

statewide inventory and for referring inquiries to appropriate sources

must be developed if we are to maintain and improve the quality of our

environment.

The department, in consultation with the department of education and

the office of parks, recreation and historic preservation shall compile

and maintain an inventory of education resources for teaching the

principles of environmental conservation in New York state.

2. This information shall be used as the basis for a clearing house

for materials pertaining to environmental conservation education which

shall be available for public use. A revised and up-to-date inventory

shall be available to the public and widely distributed on or before

September 1, 1991. The clearinghouse shall maintain information on, but

not limited to, the following:

a. Natural resources and facilities which can be used for educational

purposes.

b. Conservation and environmental organizations, both public and

private.

c. Resource personnel.

d. Curriculum resources.

e. A calendar of environmental education activities.

Acquirement of real property by purchase or appropriation.

1. The commissioner when moneys therefor have been appropriated by

the legislature or are otherwise available, may acquire any real

property which he deems necessary for any of the purposes or functions

of the department, by purchase or as provided in the eminent domain

procedure law. Title to such real property shall be taken in the name

of and be vested in the people of the state of New York. No real

property shall be so acquired by purchase unless the title thereto is

approved by the attorney general. The terms "property" or "real

property" as used in this section shall mean "real property" as defined

by section one hundred three of the eminent domain procedure law.

2. Whenever real property is to be so acquired pursuant to the

provisions of the eminent domain procedure law, by appropriation, the

commissioner shall cause to be made an accurate acquisition map as so

provided in said law.

3. On the approval of such map by the commissioner, the original

tracing of map shall, pursuant to the eminent domain procedure law, be

filed in the main office of the department.

4. If the commissioner shall determine, prior to the filing of a copy

of such acquisition map in the office of the county clerk, that changes,

alterations or modifications of such map as filed in the main office of

the department should be made, he or she shall, subject to the

provisions of article two of the eminent domain procedure law, if

applicable, direct the preparation of an amended map. On the approval of

such amended map by the commissioner, it shall be filed in the main

office of the department in the same manner as the original map was

filed and the amended map shall thereupon in all respects and for all

purposes supersede the map previously filed.

5. If the commissioner shall determine prior to filing a copy of an

acquisition map in the office of the county clerk, as provided in

section four hundred two of the eminent domain procedure law, that such

map should be withdrawn, he or she shall file a certificate of

withdrawal in the offices of the department and of the department of

law. Upon the filing of such certificate of withdrawal, the map to which

it refers shall be cancelled and all rights thereunder shall cease and

determine.

6. The commissioner shall deliver to the attorney general a copy of

such acquisition map, whereupon it shall be the duty of the attorney

general to advise and certify to the commissioner the names of the

owners of the real property described in the said acquisition map,

including the owners of any right, title or interest therein, pursuant

to the requirements of section four hundred three of the eminent domain

procedure law.

7. If, at or after the vesting of title to such property in the

people of the state of New York in the manner provided for in the

eminent domain procedure law, the commissioner shall deem it necessary

to cause the removal of an owner or other occupant from such property,

he may cause such owner or occupant to be removed therefrom by

proceeding in accordance with section four hundred five of such law.

The proceeding shall be brought in the name of the commissioner as agent

of the state and the attorney general shall represent the petitioner in

the proceedings. No execution shall issue for costs, if any, awarded

against the state or the commissioner, but they shall be part of the

costs of the acquisition of the real property and be paid in like

manner. Proceedings may be brought separately against one or more of

the owners or occupants of any such property, or one proceeding may be

brought against all or several of the owners or occupants of any or all

such property within the territorial jurisdiction of the same court,

justice or judge; judgment shall be given for immediate removal of

persons defaulting in appearance or in answering, or withdrawing their

answers, if any, without awaiting the trial or decision of issues raised

by contestants, if any.

8. Upon making any agreement provided for in section three hundred

four of the eminent domain procedure law, the commissioner shall deliver

to the comptroller such agreement and a certificate stating the amount

due such owner or owners thereunder on account of such appropriation of

his or their property and the amount so fixed shall be paid out of the

state treasury after audit by the comptroller from moneys appropriated

for the acquisition of such real property, but not until there shall

have been filed with the comptroller a certificate of the attorney

general showing the person or persons claiming the amount so agreed upon

to be legally entitled thereto.

9. Application for reimbursement as provided in section seven hundred

two of the eminent domain procedure law, shall be made to the

commissioner upon forms prescribed by him and shall be accompanied by

such information and evidence as the commissioner may require. Upon

approval of such application, the commissioner shall deliver a copy

thereof to the comptroller together with a certificate stating the

amount due thereof, and the amount so fixed shall be paid out of the

state treasury after audit by the comptroller from moneys appropriated

for the acquisition of property under this section.

10. The commissioner with the approval of the director of the budget,

shall establish and may from time to time amend rules and regulations

authorizing the payment of actual reasonable and necessary moving

expenses of occupants of property acquired pursuant to this section; of

actual direct losses of tangible personal property as a result of moving

or discontinuing a business or farm operation, but not exceeding an

amount equal to the reasonable expenses that would have been required to

relocate such property, as determined by the commissioner; and actual

reasonable expenses in searching for a replacement business or farm, or

in hardship cases for the advance payment of such expenses and losses.

For the purposes of making payment of such expenses and losses only the

term "business" means any lawful activity conducted primarily for

assisting in the purchase, sale, resale, manufacture, processing or

marketing of products, commodities, personal property or services by the

erection and maintenance of an outdoor advertising display or displays,

whether or not such display or displays are located on the premises on

which any of the above activities are conducted. Such rules and

regulations may further define the terms used in this subdivision. In

lieu of such actual reasonable and necessary moving expenses, any such

displaced owner or tenant of residential property may elect to accept a

moving expense allowance, plus a dislocation allowance, determined in

accordance with a schedule prepared by the commissioner and made a part

of such rules and regulations. In lieu of such actual reasonable and

necessary moving expenses, any such displaced owner or tenant of

commercial property who relocates or discontinues his business or farm

operation may elect to accept a fixed relocation payment in an amount

equal to the average annual net earnings of the business or farm

operation, except that such payment shall be not less than two thousand

five hundred dollars nor more than ten thousand dollars. In the case of

a business, no such fixed relocation payment shall be made unless the

commissioner finds and determines that the business cannot be relocated

without a substantial loss of its existing patronage, and that the

business is not part of a commercial enterprise having at least one

other establishment, which is not being acquired by the state or the

United States, which is engaged in the same or similar business. In the

case of a business which is to be discontinued but for which the

findings and determinations set forth above cannot be made, the

commissioner may prepare an estimate of what the actual reasonable and

necessary moving expenses, exclusive of any storage charges, would be if

the business were to be relocated and enter into an agreed settlement

with the owner of such business for an amount not to exceed such

estimate in lieu of such actual reasonable and necessary moving

expenses. Application for payment under this subdivision shall be made

to the commissioner upon forms prescribed by him and shall be

accompanied by such information and evidence as the commissioner may

require. Upon approval of such application, the commissioner shall

deliver a copy thereof to the comptroller together with a certificate

stating the amount due thereunder, and the amount so fixed shall be paid

out of the state treasury after audit by the comptroller from moneys

appropriated for the acquisition of property under this section. As

used in this subdivision the term "commercial property" shall include

property owned by an individual, family, partnership, corporation,

association or a non-profit organization and includes a farm operation.

As used in this subdivision the term "business" means any lawful

activity, except a farm operation, conducted primarily for the purchase,

sale, lease and rental of personal and real property, and for the

manufacture, processing, or marketing of products, commodities, or any

other personal property; for the sale of services to the public; or by a

non-profit organization.

11. The commissioner pursuant to section three hundred five of the

eminent domain procedure law, may make agreements on such terms,

condition and consideration as he deems beneficial to the state with

respect to any property heretofore or hereafter acquired, whereby such

property may be used and occupied by the former owner, tenant or by any

other party from a date specified in said agreement, until such time as

the state requires and obtains actual physical possession. The

agreements for the use and occupancy of such property may be managed,

supervised and enforced (1) by the staff, forces and equipment of the

department of environmental conservation; or (2) by the commissioner of

environmental conservation contracting for the management, supervision

and enforcement thereof with any person, firm or corporation; or (3) by

a combination of such methods.

The use and occupancy of such property under the provisions of this

section and the right of the state or its duly authorized agent to

recover possession thereof shall not be subject to the emergency housing

rent control law.

Expenses which are determined by the commissioner to have been

incurred in connection with the use and occupancy of such property may

be paid out of the state treasury after audit by the comptroller from

moneys appropriated for the duly authorized project for which the

property was acquired. However, such expenses incurred under a contract

for management and supervision of such property may be paid out of the

gross revenue therefrom. All moneys received by the commissioner for

such use or occupancy shall be paid into the treasury of the state to

the credit of the capital construction fund.

12. Authorization is hereby given to the commissioner to make

supplemental relocation payments, separately computed and stated, to

displaced owners and tenants of residential property acquired pursuant

to this section who are entitled thereto, as determined by him. The

commissioner with the approval of the director of the budget, may

establish and from time to time amend rules and regulations providing

for such supplemental relocation payments. Such rules and regulations

may further define the terms used in this subdivision. In the case of

property acquired pursuant to this section, which is improved by a

dwelling actually owned and occupied by the displaced owner for not less

than one hundred eighty days immediately prior to initiation of

negotiations for the acquisition of such property, such payment to such

owner shall not exceed fifteen thousand dollars. Such payment shall be

the amount, if any, which, when added to the acquisition payment equals

the average price, established by the commissioner on a class, group or

individual basis, required to obtain a comparable replacement dwelling

that is decent, safe and sanitary to accommodate the displaced owner,

reasonably accessible to public services and places of employment and

available on the private market, but in no event shall such payment

exceed the difference between acquisition payment and the actual

purchase price of the replacement dwelling. Such payment shall include

an amount which will compensate such displaced owner for any increased

interest costs which such person is required to pay for financing the

acquisition of any such comparable replacement dwelling. Such amount

shall be paid only if the dwelling acquired pursuant to this section was

encumbered by a bona fide mortgage which was a valid lien on such

dwelling for not less than one hundred eighty days prior to the

initiation of negotiations for the acquisition of such dwelling. Such

amount shall be equal to the excess in the aggregate interest and other

debt service costs of that amount of the principal of the mortgage on

the replacement dwelling which is equal to the unpaid balance of the

mortgage on the acquired dwelling, over the remainder term of the

mortgage on the acquired dwelling, reduced to discounted present value.

The discount rate shall be the prevailing interest rate paid on savings

deposits by commercial banks in the general area in which the

replacement dwelling is located. Any such mortgage interest

differential payment shall, notwithstanding the provisions of section

twenty-six-b of the general construction law, be in lieu of and in full

satisfaction of the requirements of such section. Such payment shall

include reasonable expenses incurred by such displaced owner for

evidence of title, recording fees and other closing costs incident to

the purchase of the replacement dwelling, but not including prepaid

expenses. Such payment shall be made only to a displaced owner who

purchases and occupies a replacement dwelling which is decent, safe and

sanitary within one year subsequent to the date on which he is required

to move from the dwelling acquired pursuant to this section or the date

on which he receives from the state final payment of all costs of the

acquired dwelling, whichever occurs later, except advance payment of

such amount may be made in hardship cases. In the case of property

acquired pursuant to this section from which an individual or family,

not otherwise eligible to receive a payment pursuant to the above

provisions of this subdivision, is displaced from any dwelling thereon

which has been actually and lawfully occupied by such individual or

family for not less than ninety days immediately prior to the initiation

of negotiation, for the acquisition of such property, such payment to

such individual or family shall not exceed four thousand dollars. Such

payment shall be the amount which is necessary to enable such individual

or family to lease or rent for a period not to exceed four years, a

decent, safe, and sanitary dwelling of standards adequate to accommodate

such individual or family in areas not generally less desirable in

regard to public utilities and public and commercial facilities and

reasonably accessible to his place of employment, but shall not exceed

four thousand dollars, or to make the down payment, including reasonable

expenses incurred by such individual or family for evidence of title,

recording fees, and other closing costs incident to the purchase of the

replacement dwelling, but not including prepaid expenses, on the

purchase of a decent, safe and sanitary dwelling of standards adequate

to accommodate such individual or family in areas not generally less

desirable in regard to public utilities and public and commercial

facilities, but shall not exceed four thousand dollars, except if such

amount exceeds two thousand dollars, such person must equally match any

such amount in excess of two thousand dollars, in making the down

payment. Such payments may be made in installments as determined by the

commissioner. Application for payment under this subdivision shall be

made to the commissioner upon forms prescribed by him and shall be

accompanied by such information and evidence as the commissioner may

require. Upon approval of such application, the commissioner shall

deliver a copy thereof to the comptroller, together with a certificate

stating the amount due thereunder, and the amount so fixed shall be paid

out of the state treasury after audit by the comptroller from moneys

appropriated for the acquisition of property under this section.

13. Any owner may present to the court of claims, pursuant to section

five hundred three of the eminent domain procedure law, a claim for the

value of such property appropriated and for legal damages, as provided

by law for the filing of claims with the court of claims. Awards and

judgments of the court of claims shall be paid in the same manner as

awards and judgments of that court for the acquisition of lands

generally and shall be paid out of the state treasury after audit by the

comptroller from moneys appropriated for the acquisition of such real

property.

14. Expenses incurred in the acquisition of the real property,

including the cost of making surveys, and preparing maps of property to

be acquired, serving notices, making appraisals and agreements and of

searches ordered and examinations and readings of title made by the

attorney general, and expenses incurred by the commissioner or attorney

general in proceedings for removal of owners and occupants, shall be

deemed to be part of the cost of the acquisition of such real property.

15. If the commissioner shall determine subsequent to the acquisition

of a temporary easement in any real property that the purposes for which

such easement right was acquired have been accomplished and that the

exercise of such easement is no longer necessary, the commissioner shall

make a certificate that the exercise of such easement is no longer

necessary and that such easement right is therefore terminated, released

and extinguished. The commissioner shall cause such certificate to be

filed in the main office of the department and upon such filing all

rights acquired by the state in such real property shall cease and

determine. The commissioner shall cause a certified copy of such

certificate as so filed in the main office of the department to be

mailed to the owner of the property affected, as certified by the

attorney general, if the place of residence of such owner is known or

can be ascertained by a reasonable effort and such commissioner shall

cause a further certified copy of such certificate to be filed in the

office of the recording officer of each county in which the property

affected or any part thereof is situated. On the filing of such

certified copy of such certificate with such recording officer, it shall

be his duty to record the same in his office in the books used for

recording deeds and to index the same against the name of the people of

the state of New York as grantor.

16. The commissioner may, by official order filed in the department

and subject to such limitations as he may prescribe, authorize the

exercise of any of his powers or the performance of any of his duties

under this section by such deputy commissioners as he may designate; and

any act performed pursuant to such authorization shall be as valid and

effectual as if performed by the commissioner pursuant to this section.

Registry of public agencies and private organizations; notice

of department hearings.

1. The commissioner shall develop and maintain a registry of

government agencies and officials and of private organizations of

statewide, regional, county and local scope, with interests in the

regulatory and other programs of the department for the purpose of

providing written notice to such agencies and organizations of the time,

date, place, subject and nature of hearings on rules and regulations

under consideration by the department, or on applications to the

department for permits relating to the use, improvement, construction,

change or any modification whatsoever of the air, land, or water

resources within the state, or in relation to any other business before

the department for which issuance of a public notice is required or is

appropriate and desirable in accord with the interests of public

participation in environmental planning and decision-making.

2. To aid in the compilation of the registry, the commissioner shall

advertise its purposes no less than annually to governmental agencies

and the public through news releases and other media available to the

department, stating that interested agencies and organizations may apply

to be listed in the registry by completing forms requiring such

information as may be prescribed by the commissioner. Said registry

shall be prepared by the department to be as comprehensive as possible

and the entries contained therein shall not be limited to those obtained

in response to advertisement by the department of the purposes of the

registry.

3. The commissioner shall publish and distribute or cause to be

published and distributed said registry, not less frequently than

annually and in whole or in part as deemed appropriate and desirable by

the commissioner, for the purpose of providing a directory to assist

with communications between public agencies and private organizations in

all manner of environmental affairs.

4. Notices, as described herein, shall, at the discretion of the

commissioner, be published not less frequently than once every two weeks

in a departmental publication which shall be mailed to registered

agencies and organizations in the area to be affected by the subject of

said notices and to other persons subscribing to such publication;

provided that the commissioner may require the payment of a subscription

fee not to exceed the reasonable costs of such publication; and provided

further that the commissioner may in lieu of publishing any such notice

mail a copy thereof to registered agencies or organizations. In setting

such fee the commissioner shall take into account the purposes of this

section to provide broad public notice of department actions. Unless

otherwise provided by statute or regulation, failure to provide notice

as herein described shall in no way affect the ordinary proceedings of

the department.

Acquisition of federal lands.

The State of New York may acquire from the United States of America by

gift, lease or purchase or otherwise, and subject to such conditions as

may be prescribed by the United States of America, lands suited for

reforestation, game management, fish propagation, park purposes and/or

any other activities permitted by sections 3-0109 through 3-0115

inclusive, and sections 3-0305 and 3-0307 of article 3; articles 9, 11,

13 and 15; titles 7, 9, 11 and 13 of article 21; article 23; title 3 of

article 27; articles 43, 45 and 47; and titles 1 through 15 inclusive

and title 33 of article 71 applicable to these provisions and may by

written order of the commissioner filed in the office of the department,

assign and transfer at anytime, wholly or in part, the direct

jurisdiction and control of any such lands to one or more divisions of

the department to be administered in connection with any of the various

activities permitted by such provisions. Upon the assignment of such

lands to a division and notwithstanding any other provision of law, such

division may expend any funds appropriated for such activities in the

development, maintenance and operation of lands so acquired.

Stand-by contracts.

1. Consistent with the commissioner's authority to undertake such

activities pursuant to this chapter, the state public health law, the

public authorities law and the state finance law, the commissioner may

enter into stand-by contracts for the purpose of achieving timely and

effective remedies in a cost-effective manner for:

a. services related to a release or a suspected release of a hazardous

substance as defined in section 40-0105 of this chapter and regulations

promulgated thereunder;

b. other than for major physical construction associated with

permanent remedial actions, the cleanup or return to its original state

of any area where hazardous wastes were disposed, possessed, or dealt in

unlawfully in violation of section 27-0914 of this chapter;

c. emergency response action to clean up spills or abate other public

health or environmental hazards involving hazardous wastes; and

d. other than for major physical construction associated with

permanent remedial actions, all services related to the investigation in

support of, or to the development, implementation and oversight of the

program for remediation of inactive hazardous waste disposal sites

pursuant to article 27 of this chapter.

2. For the purposes of this section, a stand-by contract shall mean a

contract which provides for services and goods to be rendered to the

department, at prenegotiated rates or predetermined unit prices, with

such services or goods to be supplied by the contractor only when and

where directed to do so by the commissioner. All such contracts shall be

subject to the approval of the state comptroller in accordance with

section one hundred twelve of the state finance law; however, such

approval shall not obligate to any particular contract any specific

amount of funds, but shall obligate on an individual basis, as such

contracts are utilized, the actual amount required to pay for work

performed pursuant to such contracts except that a maximum dollar amount

shall be placed on each such contract. Any necessary approvals of

availability of funds for a particular project in accordance with any

provision of the state finance law shall be made as soon as possible

after any activity identified in subdivision one of this section is

ordered by the commissioner, or undertaken by the contractor.

3. Nothing in this section shall be deemed to alter the authority

conferred upon the commissioner to conduct the activities identified in

subdivision one of this section, or to modify the requirements which are

established by this chapter, the state public health law, the public

authorities law, or section ninety-seven-b of the state finance law and

are applicable to such activities.

4. The department in cooperation with the state comptroller shall as

soon as practicable and prior to the execution of stand-by contracts

pursuant to this section develop and implement a stand-by contract

management protocol system. Such system shall provide for but not be

limited to:

a. guidelines for selecting contractors based upon section one hundred

thirty-six-a of the state finance law, if applicable, and upon other

factors which shall include but are not limited to past performance,

reasonableness of prices charged for specific tasks, and overall

qualifications of the contractor;

b. departmental bid or proposal analysis and negotiation documentation

requirements;

c. contractor reporting and documentation requirements;

d. formal procedures for inspecting contractor work and reviewing

payment requests;

e. maintenance of equipment inventory with location; and

f. requirements and controls for subcontractors.

5. The department shall submit to the director of the division of the

budget, the temporary president and minority leader of the senate, the

speaker and minority leader of the assembly, the chairman and ranking

minority member of the senate finance committee and the chairman and

ranking minority member of the assembly ways and means committee an

evaluation and audit of the department's use of stand-by contracts

pursuant to this section prepared by an entity independent of the

department. Such entity may be the office of the state comptroller.

Such evaluation and audit shall be submitted by September first,

nineteen hundred ninety and by September first, every two years

thereafter.

* § 3-0311. Municipal notification of environmental violations.

Notwithstanding any other provision of law and except when any

criminal investigation is pending, the commissioner shall notify the

chief executive officer of the municipality together with the chief

executive officer of the county where any violations of article 17, 19,

24, 25 or 27 of this chapter are found to exist within the boundaries of

such municipalities including, but not limited to, any municipal

landfill or municipal solid waste disposal or recovery facility within

seventy-two hours of determining that sufficient evidence exists to

commence an enforcement action.

* NB There are 2 § 3-0311's

Adopt-a-beach stewardship program.

1. The commissioner may enter into stewardship agreements with any

person or persons for the purposes of preserving, maintaining, or

enhancing a state-owned beach, shoreline area or portion thereof in

accordance with the policies of this chapter.

2. The stewardship agreement shall provide that the beach or shoreline

area be preserved and maintained in its natural state or managed to

enhance or restore the natural values it provides, consistent with the

provisions of this chapter. Activities may include: remediating

vandalism and storm damage, picking up litter and trash, establishing or

maintaining access or nature trails, providing interpretive services for

school groups and other citizens, and otherwise providing positive

benefits to the beach or shoreline area.

3. Stewardship agreement with any person or persons may provide for

assistance of personnel, facilities and supplies of the department for

the purposes of supporting appropriate activities under such stewardship

agreement, in accordance with the provisions of this chapter.

4. The department shall establish procedures by which a person or

persons may apply for a stewardship agreement, and shall be responsible

for working with such persons to identify specific sections of a

state-owned beach or shoreline area and specific activities deemed

appropriate for such stewardship agreement. The department may consider

factors such as safety, environmental sensitivity, need, cost and other

factors deemed relevant in determining which beach or shoreline areas or

activities may be eligible or appropriate for a stewardship agreement.

5. The department shall provide recognition of the stewardship

activities by appropriate signage on or near the adopted beach or

shoreline area, and may provide recognition by such other measures as it

may determine to be appropriate, including but not limited to press

releases, certificates, and newsletters.

6. The stewardship agreement may be modified in scope or altered in

any other manner at the sole discretion of the department, not

inconsistent with the provisions of this section. The person or persons

shall have the option of renewing the agreement subject to the approval

of the department and the continuation by the department of the

adopt-a-beach stewardship program. The department may immediately remove

the signs and it may terminate the agreement upon thirty days notice, if

in its sole judgment it finds and determines that the person or persons

are not meeting the terms and conditions of the agreement.

7. Notwithstanding any inconsistent provision of law, the state and

its employees shall not be liable for damages suffered by any person

resulting from the actions or activities of such volunteers.

Geographic information system.

1. The department in conjunction with the commissioner of health shall

create and maintain a geographic information system, and associated data

storage and analytical systems for purposes of collecting, streamlining,

and visualizing integrated data, permits, and relevant sites about

drinking water quality including, but not limited to, incorporating

supply well and monitoring well data, emerging contaminant data, water

quality monitoring data, pertinent data from remediation and landfill

sites, permitted discharge locations and other potential contamination

risks to water supplies. Such system shall also incorporate information

from the source water assessment program collected by the department of

health, data from annual water supply statements prepared pursuant to

section eleven hundred fifty-one of the public health law, information

from the database pursuant to title fourteen of article twenty-seven of

this chapter, and any other existing data regarding soil and groundwater

contamination currently gathered by the department, as well as data on

contamination that is readily available from the United States

geological survey and other sources determined appropriate by the

department. In addition to facilitating interagency coordination and

predictive analysis to protect water quality, such system shall provide

state agency information to the public through a website, within

reasonable limitations to ensure confidentiality and security.

2. The department shall make reasonable efforts to include additional

data, including data from well logs currently required to be filed with

the department pursuant to section 15-1525 of this chapter.

3. Parties required to submit data pursuant to any reporting

requirements set forth in this section shall, upon request of the

department, submit such data in an electronic format acceptable to the

department.

* § 3-0317. Cancer incidence and environmental facility maps project.

1. For purposes of this section, "environmental facility" shall mean a

facility or site which is:

(a) permitted as an industrial or municipal facility pursuant to

titles 7 or 8 of article 17 of this chapter;

(b) registered pursuant to title 10 of article 17 of this chapter;

(c) permitted pursuant to article 19 of this chapter;

(d) permitted or registered pursuant to title 7 or 9 of article 27 of

this chapter;

(e) required to file an annual report pursuant to subdivision 6 of

section 27-0907 of this chapter;

(f) regulated pursuant to title 13 or 14 of article 27 of this

chapter;

(g) regulated as a vehicle dismantler pursuant to title 23 of article

27 of this chapter;

(h) permitted pursuant to article 29 of this chapter;

(i) a holder of a commercial permit pursuant to section 33-0901 of

this chapter;

(j) registered pursuant to article 40 of this chapter;

(k) the subject of an environmental restoration project pursuant to

title 5 of article 56 of this chapter;

(l) subject to corrective action pursuant to section 71-2727 of this

chapter;

(m) participating in the department's voluntary cleanup program; or

(n) licensed pursuant to article 12 of the navigation law as a major

oil storage facility.

2. The department shall, pursuant to established security protocols,

provide to the department of health the GPS coordinates, category of

license or permit, facility identification number, and address on

current environmental facilities that are necessary for the department

of health to develop and maintain cancer incidence and environmental

facility maps required pursuant to section twenty-four hundred one-b of

the public health law, and shall provide any technical assistance

necessary for the development of such maps. The department, in

consultation with the department of health, shall update such data not

less than once every five years.

3. The department shall work with the office of homeland security to

establish security protocols regarding the disclosure of data on current

environmental facilities.

* NB Repealed May 1, 2028

Sea level rise projections.

The department shall, no later than January first, two thousand

sixteen, adopt regulations establishing science-based state sea level

rise projections. In adopting such regulations, the department shall

consider information including, but not limited to, reports of the

Intergovernmental Panel on Climate Change, the National Oceanic

Atmospheric Administration Climate Assessment, the Sea Level Rise Task

Force report created pursuant to chapter six hundred thirteen of the

laws of two thousand seven, projections prepared by the New York City

Panel on Climate Change and any other relevant regional, state and local

reports. The department shall update such regulations no less than every

five years.

Gifts, donations, capital improvements.

1. Notwithstanding the provisions of the state finance law, or any

other state law to the contrary, and subject to approval of the director

of the budget, the commissioner is authorized to accept an unconditional

grant, gift, devise or bequest, either absolutely or in trust, from

persons and entities for the maintenance of any educational or

recreational facilities or for programs that promote the use or

stewardship of state owned lands under the department's jurisdiction or

management; establish a special fund or funds consisting of monies so

acquired and administer such fund or funds; and expend such monies.

2. Notwithstanding the provisions of the state finance law, or any

other state law to the contrary, the commissioner is authorized to:

(a) receive, hold and administer personal property and any income

thereof, acquired by grant, unconditional gift, devise or bequest,

either absolutely or in trust, for the maintenance of any educational or

recreational facilities or for programs that promote the use or

stewardship of state owned lands under the department's jurisdiction or

management; establish a special fund or funds consisting of monies so

acquired and administer such fund or funds; and expend such monies; and

(b) seek investment from private philanthropic interest or

not-for-profit corporations for capital improvements at state owned

facilities under the department's jurisdiction or management.

3. For purposes of this section, educational or recreational

facilities or programs that promote the use or stewardship of

state-owned lands under the department's jurisdiction or management

shall include, but not be limited to, campgrounds, fish hatcheries,

historic areas and facilities, kiosks, signage, programs for maintenance

and development of roads and trails, and programs to improve access for

persons with disabilities.

4. The commissioner shall not accept any grant, gift, devise or

bequest from or enter into any contract or agreement authorized pursuant

to subdivisions one, two, and, three of this section with persons or

entities:

(a) named in a pending lawsuit by or against the department;

(b) under investigation by the department;

(c) with a permit or license application pending before the department

or currently holding a department-issued permit or license, except for

permits or licenses that are ministerial in nature, such as sporting

licenses, use of state land permits, or general permits;

(d) engaged in settlement negotiations with the department regarding

any civil, criminal or administrative matter; or

(e) subject to a consent order issued by the department.

Short title.

This article shall be known and may be cited as the "state smart

growth public infrastructure policy act".

Definitions.

As used in this article:

1. "Criteria" shall mean the state smart growth public infrastructure

criteria provided in section 6-0107 of this article.

2. "State infrastructure agency" shall mean the department, the

department of transportation, the department of education, the

department of health, the department of state, the New York state

environmental facilities corporation, the New York state housing finance

agency, the housing trust fund corporation, the dormitory authority, the

thruway authority, the port authority of New York and New Jersey, the

empire state development corporation, the New York state urban

development corporation and all other New York authorities. Any

subsidiary of, or corporation with the same members or directors as, a

public benefit corporation identified in this subdivision shall also be

deemed to be within the definition of state infrastructure agency under

this article.

3. "Municipal centers" shall mean areas of concentrated and mixed land

uses that serve as centers for various activities, including, but not

limited to, central business districts, main streets, downtown areas,

brownfield opportunity areas, downtown areas of local waterfront

revitalization program areas, transit-oriented development,

environmental justice areas, and hardship areas. Municipal centers shall

also include: areas adjacent to municipal centers, as defined in this

subdivision, which have clearly defined borders, are designated for

concentrated development in the future in a municipal or regional

comprehensive plan, and exhibit strong land use, transportation,

infrastructure and economic connections to a municipal center; and areas

designated in a municipal or comprehensive plan, and appropriately zoned

in a municipal zoning ordinance, as a future municipal center.

State smart growth public infrastructure policy.

It is the purpose of this article to augment the state's environmental

policy by declaring a fiscally prudent state policy of maximizing the

social, economic and environmental benefits from public infrastructure

development through minimizing unnecessary costs of sprawl development

including environmental degradation, disinvestment in urban and suburban

communities and loss of open space induced by sprawl facilitated by the

funding or development of new or expanded transportation, sewer and

waste water treatment, water, education, housing and other publicly

supported infrastructure inconsistent with smart growth public

infrastructure criteria.

State smart growth public infrastructure criteria.

1. In addition to meeting other criteria and requirements of law

governing approval, development, financing and state aid for the

construction of new or expanded public infrastructure or the

reconstruction thereof, no state infrastructure agency shall approve,

undertake, support or finance a public infrastructure project, including

providing grants, awards, loans or assistance programs, unless, to the

extent practicable, it is consistent with the relevant criteria

specified in subdivision two of this section.

2. The following are the state smart growth public infrastructure

criteria:

a. to advance projects for the use, maintenance or improvement of

existing infrastructure;

b. to advance projects located in municipal centers;

c. To advance projects in developed areas or areas designated for

concentrated infill development in a municipally approved comprehensive

land use plan, local waterfront revitalization plan and/or brownfield

opportunity area plan;

d. to protect, preserve and enhance the state's resources, including

agricultural land, forests, surface and groundwater, air quality,

recreation and open space, scenic areas, and significant historic and

archeological resources;

e. to foster mixed land uses and compact development, downtown

revitalization, brownfield redevelopment, the enhancement of beauty in

public spaces, the diversity and affordability of housing in proximity

to places of employment, recreation and commercial development and the

integration of all income and age groups;

f. to provide mobility through transportation choices including

improved public transportation and reduced automobile dependency;

g. to coordinate between state and local government and intermunicipal

and regional planning;

h. to participate in community based planning and collaboration;

i. to ensure predictability in building and land use codes; and

j. to promote sustainability by strengthening existing and creating

new communities which reduce greenhouse gas emissions and do not

compromise the needs of future generations, by among other means

encouraging broad based public involvement in developing and

implementing a community plan and ensuring the governance structure is

adequate to sustain its implementation.

k. to mitigate future physical climate risk due to sea level rise,

and/or storm surges and/or flooding, based on available data predicting

the likelihood of future extreme weather events, including hazard risk

analysis data if applicable.

3. Before making any commitment, including entering into an agreement

or incurring any indebtedness for the purpose of acquiring,

constructing, or financing any project covered by the provisions of this

article, the chief executive officer of a state infrastructure agency

shall attest in a written smart growth impact statement that the

project, to the extent practicable, meets the relevant criteria set

forth in subdivision two of this section, unless in any respect the

project does not meet such criteria or compliance is considered to be

impracticable, which shall be detailed in a statement of justification.

4. Nothing in this section shall contravene any federal law governing

the expenditure of disbursement of federal infrastructure funding

administered by the state.

Smart growth advisory committees.

The chief executive officer of each state infrastructure agency shall

create a smart growth advisory committee to advise the agency regarding

the agencies' policies, programs and projects with regard to their

compliance with the state smart growth public infrastructure criteria.

Such committees shall consist of appropriate agency personnel designated

by the chief executive officer to conduct the evaluation required by

section 6-0107 of this article. Such committees shall solicit input from

and consult with various representatives of affected communities and

organizations within those communities, and shall give consideration to

the local and environmental interests affected by the activities of the

agency or projects planned, approved or financed through such agency.

Private right of action.

Nothing contained in this article or in the administration or

application hereof shall be construed to create any private right of

action on the part of any person, firm or corporation against the state

of New York or any state infrastructure agency as defined in subdivision

two of section 6-0103 of this article.

Council of environmental advisors; creation; membership;

qualifications.

There is hereby continued in the Executive Department a council to be

known as the Council of Environmental Advisers, to provide special

counsel to the Governor on environmental policy matters affecting the

state. The council shall consist of seven members who shall be private

citizens, representative of a broad range of interests and disciplines

related to the quality of our environment and responsive to the full

range of needs and concerns of our present and future generations. The

Governor shall appoint the members by and with the advice and consent of

the Senate and designate one from among the members to serve as chairman

of the council.

Terms of office; vacancies.

1. The members of the council shall hold office at the pleasure of the

Governor.

2. Vacancies shall be filled by appointment by the Governor, by and

with the advice and consent of the Senate.

Personnel.

1. The council shall appoint an executive director and shall assign to

such director such powers, functions and duties as it shall deem

appropriate to fulfill the purposes of this article.

2. The council shall have the power to employ and compensate, within

appropriations available therefor, such other personnel as it shall

determine necessary to carry out its duties under this article.

General functions, powers and duties.

1. In providing counsel to the Governor on environmental policy

matters, the council shall:

a. Advise the Governor on comprehensive environmental management

policy for the state.

b. At the request of the Governor, provide an overview in both the

public and private sector on matters affecting the environment, giving

its judgment on specific matters referred to it.

c. Develop or cause to be developed guidelines for weighing the

complex interrelationships between environmental quality, economic

development, and the growing population associated with economic growth.

d. Study and from time to time report to the Governor on environmental

conditions and trends in the state.

e. Recommend state environmental policies, including legislation for

implementation thereof, to improve the functioning of the state and the

environment of the state.

2. To assist in carrying out the aforementioned functions as provided

in this section, the council may:

a. Request and shall receive from any court, department, division,

board, bureau, commission or agency of the state or any political

subdivision thereof, such assistance as will enable it properly to carry

out its powers and duties under this section.

b. Make or recommend such special environmental studies as it deems

appropriate or desirable.

c. Hold public and private hearings for specified purposes, take

testimony, subpoena witnesses, and require production of books, records,

and papers.

d. Report its findings to the Governor.

Compensation.

The members of the council shall receive no compensation for their

services but shall be allowed their actual and necessary expenses

incurred in the performance of their duties.

Purpose.

It is the purpose of this act to declare a state policy which will

encourage productive and enjoyable harmony between man and his

environment; to promote efforts which will prevent or eliminate damage

to the environment and enhance human and community resources; and to

enrich the understanding of the ecological systems, natural, human and

community resources important to the people of the state.

Legislative findings and declaration.

The legislature finds and declares that:

1. The maintenance of a quality environment for the people of this

state that at all times is healthful and pleasing to the senses and

intellect of man now and in the future is a matter of statewide concern.

2. Every citizen has a responsibility to contribute to the

preservation and enhancement of the quality of the environment.

3. There is a need to understand the relationship between the

maintenance of high-quality ecological systems and the general welfare

of the people of the state, including their enjoyment of the natural

resources of the state.

4. Enhancement of human and community resources depends on a quality

physical environment.

5. The capacity of the environment is limited, and it is the intent of

the legislature that the government of the state take immediate steps to

identify any critical thresholds for the health and safety of the people

of the state and take all coordinated actions necessary to prevent such

thresholds from being reached.

6. It is the intent of the legislature that to the fullest extent

possible the policies, statutes, regulations, and ordinances of the

state and its political subdivisions should be interpreted and

administered in accordance with the policies set forth in this article.

However, the provisions of this article do not change the jurisdiction

between or among state agencies and public corporations.

7. It is the intent of the legislature that the protection and

enhancement of the environment, human and community resources shall be

given appropriate weight with social and economic considerations in

public policy. Social, economic, and environmental factors shall be

considered together in reaching decisions on proposed activities.

8. It is the intent of the legislature that all agencies conduct their

affairs with an awareness that they are stewards of the air, water,

land, and living resources, and that they have an obligation to protect

the environment for the use and enjoyment of this and all future

generations.

9. It is the intent of the legislature that all agencies which

regulate activities of individuals, corporations, and public agencies

which are found to affect the quality of the environment shall regulate

such activities so that due consideration is given to preventing

environmental damage.

Definitions.

Unless the context otherwise requires, the definitions in this section

shall govern the construction of the following terms as used in this

article: 1. "State agency" means any state department, agency, board,

public benefit corporation, public authority or commission.

2. "Local agency" means any local agency, board, district, commission

or governing body, including any city, county, and other political

subdivision of the state.

3. "Agency" means any state or local agency.

4. "Actions" include:

(i) projects or activities directly undertaken by any agency; or

projects or activities supported in whole or part through contracts,

grants, subsidies, loans, or other forms of funding assistance from one

or more agencies; or projects or activities involving the issuance to a

person of a lease, permit, license, certificate or other entitlement for

use or permission to act by one or more agencies;

(ii) policy, regulations, and procedure-making.

5. "Actions" do not include:

(i) enforcement proceedings or the exercise of prosecutorial

discretion in determining whether or not to institute such proceedings;

(ii) official acts of a ministerial nature, involving no exercise of

discretion;

(iii) maintenance or repair involving no substantial changes in

existing structure or facility.

6. "Environment" means the physical conditions which will be affected

by a proposed action, including land, air, water, minerals, flora,

fauna, noise, objects of historic or aesthetic significance, existing

patterns of population concentration, distribution, or growth, and

existing community or neighborhood character.

7. "Environmental impact statement" means a detailed statement setting

forth the matters specified in section 8-0109 of this article. It

includes any comments on a draft environmental statement which are

received pursuant to section 8-0109 of this article, and the agency's

response to such comments, to the extent that such comments raise issues

not adequately resolved in the draft environmental statement.

8. "Draft environmental impact statement" means a preliminary

statement prepared pursuant to section 8-0109 of this article.

9. "Disadvantaged community" shall have the same meaning as

subdivision five of section 75-0101 of this chapter.

10. "Pollution" shall have the same meaning as defined by subdivision

nineteen of section 1-0303 of this chapter.

11. "Previously disturbed site" means a parcel of land that:

(i) is determined by a responsible agency to have been substantially

altered by an occupied, formerly occupied, or demolished building or by

another improvement or use at least two years prior to the application

for a permit or authorization for an action;

(ii) for any parcel located within a city, town, or village with a

population of fewer than one million persons and located outside of an

urban area, as such term or equivalent term is or comes to be defined by

the United States Census Bureau in the most recent decennial census

beginning on or after the two thousand twenty decennial census, such

parcel shall abut, adjoin, or be opposite from another parcel that is or

has been occupied or formerly occupied by a building, or demolished

building, or another improvement or use at least two years prior to the

application for a permit or authorization for an action, provided such

abutting, adjoining, or opposite parcel shall not be occupied by an

industrial or agricultural use;

(iii) for any parcel that is located within a city, town, or village

with a population of fewer than one million persons, is not located in a

Federal Emergency Management Agency (FEMA) designated 100-year

floodplain, or special flood hazard area, provided that this paragraph

shall not apply if such a city, town, or village has adopted a law or

ordinance that requires new construction to be elevated above the base

flood elevation as defined by FEMA;

(iv) for any parcel that is located within a city, town, or village

with a population of more than one million persons, is not located in a

flood hazard area, as defined in section two hundred two of the New York

city building code, provided that this paragraph shall not apply if such

a city, town, or village has adopted a law or ordinance that requires

new construction to be elevated above the base flood elevation as

defined by FEMA;

(v) is not currently being used for agricultural purposes and has not

been used for agricultural purposes within: (a) the immediately

preceding two years, or (b) three of the last five years before the

application for a permit or authorization for an action; and

(vi) is not located in a designated coastal erosion hazard area.

12. "Small community water system" means a public water system which

serves at least five service connections used by year-round residents or

regularly serves at least twenty-five year-round residents, and serves

thirty-three hundred or fewer persons.

13. "Public school facilities" shall mean educational facilities, as

defined in section twenty-five hundred ninety-a of the education law, of

a city school district in a city having a population of one million or

more persons, over which the department of education for such city has

jurisdiction, for purposes of meeting the class size compliance targets

set forth in subdivision two of section two hundred eleven-d of the

education law.

Agency implementation.

All agencies shall review their present statutory authority,

administrative regulations, and current policies and procedures for the

purpose of determining whether there are any deficiencies or

inconsistencies therein which prohibit full compliance with the purposes

and provisions of this article, and shall recommend or effect such

measures as may be necessary to bring their authority and policies into

conformity with the intent, purposes, and procedures set forth in this

article. They shall carry out its terms with minimum procedural and

administrative delay, shall avoid unnecessary duplication of reporting

and review requirements by providing, where feasible, for combined or

consolidated proceedings, and shall expedite all proceedings hereunder

in the interests of prompt review.

Preparation of environmental impact statement.

1. Agencies shall use all practicable means to realize the policies

and goals set forth in this article, and shall act and choose

alternatives which, consistent with social, economic and other essential

considerations, to the maximum extent practicable, minimize or avoid

adverse environmental effects, including effects revealed in the

environmental impact statement process.

2. All agencies (or applicant as hereinafter provided) shall prepare,

or cause to be prepared by contract or otherwise an environmental impact

statement on any action they propose or approve which may have a

significant effect on the environment. Such a statement shall include a

detailed statement setting forth the following:

(a) a description of the proposed action and its environmental

setting;

(b) the environmental impact of the proposed action including

short-term and long-term effects;

(c) any adverse environmental effects which cannot be avoided should

the proposal be implemented;

(d) alternatives to the proposed action;

(e) any irreversible and irretrievable commitments of resources which

would be involved in the proposed action should it be implemented;

(f) mitigation measures proposed to minimize the environmental impact;

(g) the growth-inducing aspects of the proposed action, where

applicable and significant;

(h) effects of the proposed action on the use and conservation of

energy resources, where applicable and significant, provided that in the

case of an electric generating facility, the statement shall include a

demonstration that the facility will satisfy electric generating

capacity needs or other electric systems needs in a manner reasonably

consistent with the most recent state energy plan;

(i) effects of proposed action on solid waste management where

applicable and significant;

(j) effects of any proposed action on, and its consistency with, the

comprehensive management plan of the special groundwater protection area

program, as implemented by the commissioner pursuant to article

fifty-five of this chapter;

(k) effects of any proposed action on disadvantaged communities,

including whether the action may cause or increase a disproportionate

pollution burden on a disadvantaged community; and

(l) such other information consistent with the purposes of this

article as may be prescribed in guidelines issued by the commissioner

pursuant to section 8-0113 of this chapter.

Such a statement shall also include copies or a summary of the

substantive comments received by the agency pursuant to subdivision four

of this section, and the agency response to such comments. The purpose

of an environmental impact statement is to provide detailed information

about the effect which a proposed action is likely to have on the

environment, to list ways in which any adverse effects of such an action

might be minimized, and to suggest alternatives to such an action so as

to form the basis for a decision whether or not to undertake or approve

such action. Such statement should be clearly written in a concise

manner capable of being read and understood by the public, should deal

with the specific significant environmental impacts which can be

reasonably anticipated and should not contain more detail than is

appropriate considering the nature and magnitude of the proposed action

and the significance of its potential impacts.

3. An agency may require an applicant to submit an environmental

report to assist the agency in carrying out its responsibilities,

including the initial determination and, (where the applicant does not

prepare the environmental impact statement), the preparation of an

environmental impact statement under this article. The agency may

request such other information from an applicant necessary for the

review of environmental impacts. Notwithstanding any use of outside

resources or work, agencies shall make their own independent judgment of

the scope, contents and adequacy of an environmental impact statement.

4. As early as possible in the formulation of a proposal for an action

but not more than one year from the establishment of a lead agency, the

responsible agency shall make an initial determination as to whether an

environmental impact statement need be prepared for the action. In

making such determination for any proposed action the responsible agency

shall consider whether such action may cause or increase a

disproportionate pollution burden on a disadvantaged community that is

directly or significantly indirectly affected by such action. When an

action is to be carried out or approved by two or more agencies, such

determination shall be made as early as possible after the designation

of the lead agency.

With respect to actions involving the issuance to an applicant of a

permit or other entitlement, the agency shall notify the applicant in

writing of its initial determination specifying therein the basis for

such determination. Notice of the initial determination along with

appropriate supporting findings on agency actions shall be kept on file

in the main office of the agency for public inspection.

If the agency determines that such statement is required, the agency

or the applicant at its option shall prepare or cause to be prepared a

draft environmental impact statement. If the applicant does not exercise

the option to prepare such statement, the agency shall prepare it, cause

it to be prepared, or terminate its review of the proposed action. Such

statement shall describe the proposed action and reasonable alternatives

to the action, and briefly discuss, on the basis of information then

available, the remaining items required to be submitted by subdivision

two of this section. The purpose of a draft environmental statement is

to relate environmental considerations to the inception of the planning

process, to inform the public and other public agencies as early as

possible about proposed actions that may significantly affect the

quality of the environment, and to solicit comments which will assist

the agency in the decision making process in determining the

environmental consequences of the proposed action. The draft statement

should resemble in form and content the environmental impact statement

to be prepared after comments have been received and considered pursuant

to subdivision two of this section; however, the length and detail of

the draft environmental statement will necessarily reflect the

preliminary nature of the proposal and the early stage at which it is

prepared.

For any action for which the agency determines that such statement is

not required and which would take place in a special groundwater

protection area, as defined in section 55-0107 of this chapter, the

agency shall show how such action would or would not be consistent with

the comprehensive management plan of the special groundwater protection

program, as implemented by the commissioner pursuant to article

fifty-five of this chapter.

The draft statement shall be filed with the department or other

designated agencies and shall be circulated to federal, state, regional

and local agencies having an interest in the proposed action and to

interested members of the public for comment, as may be prescribed by

the commissioner pursuant to section 8-0113. In addition, unless

impracticable, the draft statement shall be posted on a

publicly-available Internet website. The website posting of such draft

statement may be discontinued when the environmental impact statement is

posted pursuant to subdivision six of this section.

5. After the filing of a draft environmental impact statement the

agency shall determine whether or not to conduct a public hearing on the

environmental impact of the proposed action. If the agency determines to

hold such a hearing, it shall commence the hearing within sixty days of

the filing and unless the proposed action is withdrawn from

consideration shall prepare the environmental impact statement within

forty-five days after the close of the hearing, except as otherwise

provided. The need for such a hearing shall be determined in accordance

with procedures adopted by the agency pursuant to section 8-0113 of this

article. If no hearing is held, the agency shall prepare and make

available the environmental impact statement within sixty days after the

filing of the draft, except as otherwise provided.

Notwithstanding the specified time periods established by this

article:

(a) an agency shall vary the times so established herein for

preparation, review and public hearings to coordinate the environmental

review process with other procedures relating to review and approval of

an action. An application for a permit or authorization for an action

upon which a draft environmental impact statement is determined to be

required shall not be complete until such draft statement has been filed

and accepted by the agency as satisfactory with respect to scope,

content and adequacy for purposes of subdivision four of this section.

Commencing upon such acceptance, the environmental impact statement

process shall run concurrently with other procedures relating to the

review and approval of the action so long as reasonable time is provided

for preparation, review and public hearings with respect to the draft

environmental impact statement; and

(b) for actions involving applications for a permit or authorization,

the agency shall prepare and make available the environmental impact

statement within two years after the date a draft environmental impact

statement is determined to be required, unless the agency extends the

deadline in writing and, in consultation with an applicant and at the

discretion of the agency, establishes a new deadline that provides only

so much additional time as is necessary to complete the environmental

impact statement, considering any changes made by the applicant to the

project design after the issuance of the scoping document that result in

new significant environmental impacts, or additional actions that could

not have been reasonably anticipated during scoping, or the failure of

an applicant to timely provide necessary information despite good faith

effort by an agency, or delay in circumstances beyond the control of an

agency or an applicant.

6. To the extent as may be prescribed by the commissioner pursuant to

section 8-0113, the environmental impact statement prepared pursuant to

subdivision two of this section together with the comments of public and

federal agencies and members of the public, shall be filed with the

commissioner, made available to the public, and, unless impracticable,

posted on a publicly-available Internet website prior to acting on the

proposal which is the subject of the environmental impact statement. The

website posting of such statement may be discontinued one year after all

necessary permits have been issued by the federal, state and local

governments.

7. a. An agency may charge a fee to an applicant in order to recover

the costs incurred in preparing or causing to be prepared or reviewing a

draft environmental impact statement or an environmental impact

statement on the action which the applicant requests from the agency;

provided, however, that an applicant may not be charged a separate fee

for both the preparation and review of such statements. The technical

services of the department may be made available on a fee basis

reflecting the costs thereof, to a requesting agency, which fee or fees

may appropriately be charged by the agency to the applicant under rules

and regulations to be issued under section 8-0113.

b. Such rules and regulations shall require the applicant to reimburse

the conservation fund, as established pursuant to subdivision (a) of

section eighty-three of the state finance law, in order to recover all

costs incurred in preparing or causing to be prepared or reviewing a

draft environmental impact statement or an environmental impact

statement by employees of the department, whose salary and expenses are

paid, in whole or in part, from the conservation fund.

8. When an agency decides to carry out or approve an action which has

been the subject of an environmental impact statement, it shall make an

explicit finding that the requirements of this section have been met and

that consistent with social, economic and other essential

considerations, to the maximum extent practicable, adverse environmental

effects revealed in the environmental impact statement process will be

minimized or avoided.

9. An environmental impact statement shall be prepared for any action

found to have a significant impact on the special groundwater protection

area, as defined in section 55-0107 of this chapter. Such statement

shall meet the requirements of the most detailed environmental impact

statement required by this section or by any such rule or regulation

promulgated pursuant to this section.

Coordination of reporting; limitations; lead agency.

1. State and federal reports coordinated. Where an agency as herein

defined directly or indirectly participates in the preparation of or

prepares a statement or submits material relating to a statement

prepared pursuant to the requirements of the National Environmental

Policy Act of 1969, whether by itself or by another person or firm,

compliance with this article shall be coordinated with and made in

conjunction with federal requirements in a single environmental

reporting procedure.

2. Federal report. Where the agency does not participate, as above

defined, in the preparation of the federal environmental impact

statement or in preparation or submission of materials relating thereto,

no further report under this article is required and the federal

environmental impact statement, duly prepared, shall suffice for the

purpose of this article.

3. State and local coordination. Necessary compliance by state or

local agencies with the requirements of this article shall be

coordinated in accordance with section 8-0107 and with other

requirements of law in the interests of expedited proceedings and prompt

review.

4. Effective date of coordinated reporting. The requirements of this

section with regard to coordinated preparation of federal and state

impact materials and reporting shall not apply to statements prepared

and filed prior to the effective date of this article.

5. Exclusions. The requirements of this article shall not apply to:

(a) Actions undertaken or approved prior to the effective date of this

article, except:

(i) In the case of an action where it is still practicable either to

modify the action in such a way as to mitigate potentially adverse

environmental effects or to choose a feasible and less environmentally

damaging alternative, in which case the commissioner may, at the request

of any person or on his own motion, in a particular case, or generally

in one or more classes of cases specified in rules and regulations,

require the preparation of an environmental impact statement pursuant to

this article; or

(ii) In the case of an action where the responsible agency proposes a

modification of the action and the modification may result in a

significant adverse effect on the environment, in which case an

environmental impact statement shall be prepared with respect to such

modification.

* (b) Actions subject to the provisions requiring a certificate of

environmental compatibility and public need in articles seven and ten of

the public service law or requiring a major renewable energy facility or

a major electric transmission facility siting permit under article eight

of the public service law; or

* NB Effective until December 31, 2040

* (b) Actions subject to the provisions requiring a certificate of

environmental compatibility and public need in articles seven, ten and

the former article eight of the public service law or requiring a siting

permit under section ninety-four-c of the executive law; or

* NB Effective December 31, 2040

(c) Actions subject to the class A or class B regional project

jurisdiction of the Adirondack park agency or a local government

pursuant to section eight hundred seven, eight hundred eight or eight

hundred nine of the executive law, except class B regional projects

subject to review by local government pursuant to section eight hundred

seven of the executive law located within the Lake George park as

defined by subdivision one of section 43-0103 of this chapter.

5-a. Exemptions. (a) Notwithstanding any law, rule, or regulation to

the contrary, the qualified actions listed in paragraph (b) of this

subdivision shall be exempt from the requirements of this article as

determined by the responsible agency. In making this determination, the

responsible agency shall consider the action as a whole. If the

responsible agency determines that no aspect of the action requires

review under this article, meaning every aspect of the action meets

criteria for exemption pursuant to paragraph (b) of this subdivision or

is otherwise exempt from the requirements of this article, the agency

may proceed in accordance with the criteria and standards for final

decision under other applicable laws, regulations, and ordinances.

(b) An action that is not otherwise exempt from the requirements of

this article, which may include building permits, special use permits,

variances, subdivision approvals, site plan approvals, zoning text or

map amendments, disposition or acquisition of real property, provision

of financial assistance, any other actions governed by laws, rules,

regulations, or procedures concerning land use, zoning, permitting, real

property acquisition or disposition, or development financial

assistance, or any combination thereof, shall be a qualified action

exempt from the requirements of this article if the responsible agency

determines that the action is for the purposes of:

(i) construction of housing in cities, towns, and villages with

populations of one million or more that shall:

(1) be connected to existing community or public water and sewerage

systems at the commencement of habitation;

(2) be located at a previously disturbed site;

(3) not be located within an area zoned exclusively for industrial

uses;

(4) contain no more than fifty thousand square feet of commercial,

retail, community facility, or other non-industrial non-residential

uses;

(5) not exceed two hundred fifty dwelling units, provided, however,

that for housing that shall be located within a zoning district where,

at the time of application, (A) the standard maximum residential

building height is greater than forty-five feet, (B) the maximum height

of a building is regulated by something other than a horizontal plane

and that allows residential buildings to exceed forty-five feet, or (C)

there is no such maximum building height, such housing shall not exceed

five hundred dwelling units; and

(6) not include construction of only one single-family residence on a

parcel of one-half or more acres;

(ii) construction of housing in cities, towns, and villages with

populations of fewer than one million persons that shall:

(1) be connected to existing community or public water and sewerage

systems at the commencement of habitation;

(2) be located at a previously disturbed site;

(3) contain no more than twenty percent commercial, retail, community

facility, or other non-industrial non-residential uses by gross floor

area;

(4) not exceed one hundred dwelling units, provided, however, for

housing within cities, towns, or villages without zoning, such housing

shall not exceed twenty dwelling units, and provided further, that for

housing not within cities, towns, or villages without zoning but within

an urban area, as such term or equivalent term is or comes to be defined

by the United States Census Bureau in the most recent decennial census

beginning on or after the two thousand twenty decennial census, such

housing shall not exceed three hundred dwelling units; and

(5) not include construction of only one single-family residence on a

parcel of one or more acres;

(iii) construction located at a previously disturbed site of public

parks that do not include performance centers, athletic stadiums, or

other venues for mass gatherings, or other buildings or structures which

do not serve public park, recreation, or open space purposes;

(iv) construction located at a previously disturbed site of multi-use

bicycle and pedestrian trails;

(v) construction of public school facilities to be connected at the

commencement of use to existing community or public water and sewerage

systems, including sewage treatment works, in a city with a population

of one million or more;

(vi) water and wastewater infrastructure projects that:

(1) replace, rehabilitate or reconstruct municipal water or wastewater

infrastructure, in-kind and on the same site, including lead service

line replacement;

(2) replace, rehabilitate, upgrade or reconstruct an existing small

community water system, including lead service line replacement; or

(3) provide sewer service to a disadvantaged community served by one

or more inadequate sewage treatment systems that has been determined by

the department not to require a permit or approval pursuant to articles

fifteen, twenty-four or twenty-five of this chapter or any rules or

regulations promulgated thereunder; or

(vii) retrofit of an existing structure and its appurtenant areas to

incorporate green infrastructure.

(c) (i) For an application for a permit or authorization for a

qualified action listed in subparagraph (i) or (v) of paragraph (b) of

this subdivision, to qualify for exemption from the requirements of this

article pursuant to this subdivision, such action shall be subject to a

requirement to comply with local municipal requirements regarding

hazardous materials remediation to the extent applicable, and the

applicant for a permit or authorization for such qualified action shall

certify that (1) it has followed and will follow all applicable laws,

rules, and regulations regarding hazardous waste, (2) for an application

for a permit or authorization for a qualified action other than a land

use action, zoning text amendment, zoning map amendment, or variance, a

Phase I Environmental Site Assessment has been conducted for the parcel

in accordance with the all appropriate inquiries regulations of the

United States Environmental Protection Agency under the federal

Comprehensive Environmental Response, Compensation and Liability Act (40

CFR § 312) to identify any recognized environmental conditions, (3) it

has followed or will follow all applicable recommendations of the Phase

I Environmental Site Assessment, and (4) it will report contamination

at, on, or under the parcel as required by applicable laws, rules, and

regulations.

(ii) For an application for a permit or authorization for a qualified

action listed in subparagraph (ii) of paragraph (b) of this subdivision,

other than a land use action, zoning text amendment, zoning map

amendment, or variance, to qualify for exemption from the requirements

of this article pursuant to this subdivision, the applicant for a permit

or authorization for such qualified action shall certify to the

responsible agency that (1) a Phase I Environmental Site Assessment has

been conducted for the parcel in accordance with the all appropriate

inquiries regulations of the United States Environmental Protection

Agency under the federal Comprehensive Environmental Response,

Compensation and Liability Act (40 CFR § 312) to identify any recognized

environmental conditions, (2) it has followed and will follow all

applicable laws, rules, and regulations regarding hazardous waste,

including, to the extent applicable, complying with local municipal

requirements regarding hazardous materials remediation, (3) it has

followed or will follow all applicable recommendations of the Phase I

Environmental Site Assessment, and (4) it will report contamination at,

on, or under the parcel as required by applicable laws, rules, and

regulations.

(iii) The requirements of this paragraph shall not apply (1) to a

qualified action initiated by an agency, or (2) if the applicant was

previously granted an exemption pursuant to subparagraphs (i), (ii), or

(v) of paragraph (b) of this subdivision for the same parcel.

(d) For actions involving applications for a permit or authorization,

the responsible agency shall determine whether such action is a

qualified action pursuant to this subdivision within one hundred twenty

days of receipt of such application, unless the responsible agency

extends the deadline in writing and, in consultation with an applicant

and at the discretion of the agency, establishes a new deadline that

provides only so much additional time as is necessary to make such

determination. In no event shall the deadline be extended by more than

thirty days, except where (i) changes are made by the applicant to the

application after its submission to the responsible agency and such

changes relate to the criteria for exemption pursuant to paragraph (b)

of this subdivision, (ii) an applicant fails to timely provide necessary

information despite good faith effort by an agency, or (iii) there are

circumstances beyond the control of the agency or an applicant that

cause delay requiring an extension beyond thirty days. If the

responsible agency fails to make a determination pursuant to this

subdivision within the delineated time limits, an applicant may

institute a proceeding in a court of competent jurisdiction under

article seventy-eight of the civil practice law and rules seeking

appropriate relief from the court, which may include an order directing

the agency to make a determination by a deadline specified by the court.

6. Lead Agency. When an action is to be carried out or approved by two

or more agencies, the determination of whether the action may have a

significant effect on the environment shall be made by the lead agency

having principal responsibility for carrying out or approving such

action and such agency shall prepare, or cause to be prepared by

contract or otherwise, the environmental impact statement for the action

if such a statement is required by this article. In the event that there

is a question as to which is the lead agency, any agency may submit the

question to the commissioner and the commissioner shall designate the

lead agency, giving due consideration to the capacity of such agency to

fulfill adequately the requirements of this article.

7. Statute of limitations. The time to commence a proceeding to review

an agency determination under the provisions of this article or under

the rules or regulations implementing the provisions of this article

shall begin to accrue when the agency determination to approve or

disapprove the action becomes final and binding upon the petitioner or

the person whom the petitioner represents in law or in fact.

8. Construction. Nothing contained in the chapter of the laws of two

thousand twenty-six which added this subdivision shall be interpreted or

construed as superseding, limiting, modifying or affecting any

authorizations, requirements, or procedures under the national historic

preservation act of nineteen hundred sixty-six, the New York state

historic preservation act of nineteen hundred eighty, the parks,

recreation and historic preservation law, or any other state or local

law governing the identification, protection, or management of historic

properties, or under any rules or regulations promulgated thereunder.

Nor shall anything in the chapter of the laws of two thousand twenty-six

which added this subdivision be interpreted or construed as superseding,

limiting, modifying or affecting any authorizations, requirements, or

procedures, including but not limited to laws, rules and regulations

applicable to disadvantaged communities, stormwater management or the

protection of water quality, air quality, soil erosion and drainage,

freshwater wetlands, tidal wetlands, critical environmental areas, or

threatened or endangered species, or any otherwise applicable statutory

or regulatory standards, criteria, and permitting procedures, other than

those pertaining to environmental review conducted pursuant to this

article and any state and local regulations promulgated thereunder. Nor

shall anything in the chapter of the laws of two thousand twenty-six

which added this subdivision be interpreted or construed as superseding,

limiting, modifying or affecting the authority or discretion of cities,

towns, and villages under applicable state or local law, rule,

regulation, charter, code, resolution, or ordinance regarding zoning or

land use, including but not limited to any such authority or discretion

regarding site plan review or other discretionary zoning or land use

permits, procedures, review, or approvals, such as traffic studies,

contamination testing, and determinations of the sufficiency of

wastewater and drinking water capacity.

Rules and regulations.

1. After consultation with the other agencies subject to the

provisions of this article, including state agencies and representatives

of local governments and after conducting public hearings and review of

any other comments submitted, the commissioner shall adopt rules and

regulations implementing the provisions of this article within one

hundred and twenty days after the effective date of this section.

2. The rules and regulations adopted by the commissioner specifically

shall include:

(a) Definition of terms used in this article;

(b) Criteria for determining whether or not a proposed action may have

a significant effect on the environment, taking into account social and

economic factors to be considered in determining the significance of an

environmental effect, including whether it may cause or increase a

disproportionate pollution burden on a disadvantaged community;

(c) Identification on the basis of such criteria of:

(i) Actions or classes of actions that are likely to require

preparation of environmental impact statements;

(ii) Actions or classes of actions which have been determined not to

have a significant effect on the environment and which do not require

environmental impact statements under this article. In adopting the

rules and regulations, the commissioner shall make a finding that each

action or class of actions identified does not have a significant effect

on the environment;

(d) Typical associated environmental effects, and methods for

assessing such effects, of actions determined to be likely to require

preparation of environmental impact statements;

(e) Categorization of actions which are or may be primarily of

statewide, regional, or local concern, with provisions for technical

assistance including the preparation or review of environmental impact

statements, if requested, in connection with environmental impact review

by local agencies.

(f) Provision for the filing and circulation of draft environmental

impact statements pursuant to subdivision four of section 8-0109, and

environmental impact statements pursuant to subdivision six of section

8-0109, including, in addition to any other circulation and public

availability requirements, making such statements available free of

charge to the public and government agencies on the publicly-available

Internet website, unless impracticable. Printed filings and public

notices shall clearly indicate the address of the website at which such

filing is posted;

(g) Scope, content, filing and availability of findings required to be

made pursuant to subdivision eight of section 8-0109;

(h) Form and content of and level of detail required for an

environmental impact statement; and

(i) Procedures for obtaining comments on draft environmental impact

statements, holding hearings, providing public notice of agency

decisions with respect to preparation of a draft environmental

statement; and for such other matters as may be needed to assure

effective participation by the public and efficient and expeditious

administration of the article.

(j) Procedure for providing applicants with estimates, when requested,

of the costs expected to be charged them pursuant to subdivision seven

of section 8-0109 of this article.

(k) Appeals procedure for the settlement of disputed costs charged by

state agencies to applicants pursuant to subdivision seven of section

8-0109 of this article. Such appeal procedure shall not interfere or

cause delay in the determination of environmental significance or

prohibit an action from being undertaken.

(l) A model assessment form to be used during the initial review to

assist an agency in its responsibilities under this article.

3. Within the time periods specified in section 8-0117 of this article

the agencies subject to this article shall, after public hearing, adopt

and publish such additional procedures as may be necessary for the

implementation by them of this article consistent with the rules and

regulations adopted by the commissioner.

(a) Existing agency environmental procedures may be incorporated in

and integrated with the procedures adopted under this article, and

variance in form alone shall constitute no objection thereto. Such

individual agency procedures shall be no less protective of

environmental values, public participation, and agency and judicial

review than the procedures herein mandated.

(b) Such agency procedures shall provide for interagency working

relationships in cases where actions typically involve more than one

agency, liaison with the public, and such other procedures as may be

required to effect the efficient and expeditious administration of this

article.

4. Coordination with agricultural districts program. The commissioner,

in consultation with the commissioner of agriculture and markets, shall

amend the regulations promulgated pursuant to the provisions of this

section as necessary and appropriate to assure the adequate

consideration of impacts of public acquisitions, or the advancement of

public monies for non-farm development on lands used in agricultural

production and unique and irreplaceable agricultural lands within

agricultural districts in accordance with the provisions of subdivision

four of section three hundred five of the agriculture and markets law.

Severability.

The provisions of this article shall be severable, and if any clause,

sentence, paragraph, subdivision or part of this article shall be

adjudged by any court of competent jurisdiction to be invalid, such

judgment shall not affect, impair or invalidate the remainder thereof,

but shall be confined in its operation to the clause, sentence,

paragraph, subdivision or part thereof directly involved in the

controversy in which such judgment shall have been rendered.

Phased implementation.

1. With respect to the actions directly undertaken by any state

agency, the requirement of an environmental impact statement pursuant to

subdivision two of section 8-0109 of this article shall take effect on

the first day of September, nineteen hundred seventy-six.

2. With respect to actions or classes of actions identified by the

department as likely to require preparation of environmental impact

statements pursuant to subparagraph (i) of paragraph (c) of subdivision

two of section 8-0113 of this article directly undertaken by any local

agency, whether or not such actions are supported in whole or in part

through contracts, grants, subsidies, loans, or other forms of funding

assistance from one or more state agency; and all other actions or

classes of actions identified by the department as likely to require

preparation of environmental impact statements pursuant to subparagraph

(i) of paragraph (c) of subdivision two of section 8-0113 of this

article supported in whole or in part through contracts, grants,

subsidies, loans, or other forms of funding assistance from one or more

state agency, the requirement of an environmental impact statement

pursuant to subdivision two of section 8-0109 of this article shall take

effect on the first day of June, nineteen hundred seventy-seven.

3. With respect to actions or classes of actions identified by the

department as likely to require preparation of environmental impact

statements pursuant to subparagraph (i) of paragraph (c) of subdivision

two of section 8-0113 of this article supported in whole or in part

through contracts, grants, subsidies, loans, or other forms of funding

assistance from one or more local agency; and with respect to actions or

classes of actions identified by the department as likely to require

preparation of environmental impact statements pursuant to subparagraph

(i) of paragraph (c) of subdivision two of section 8-0113 of this

article involving the issuance to a person of a lease, permit,

certificate or other entitlement for use or permission to act by one or

more state or local agency, the requirement of an environmental impact

statement pursuant to subdivision two of section 8-0109 of this article

shall take effect on the first day of September, nineteen hundred

seventy-seven.

4. With respect to all other actions not included in subdivision two

or three of this section which are subject to this article, the

requirement of an environmental impact statement pursuant to subdivision

two of section 8-0109 of this article shall take effect on the first day

of November, nineteen hundred seventy-eight.

5. Agencies subject to this article shall adopt and publish the

additional necessary procedures described in subdivision three of

section 8-0113 of this article, as follows:

(a) With respect to actions included within subdivision one of this

section, no later than August 1, 1976.

(b) With respect to actions included within subdivision two of this

section, no later than April 1, 1977.

(c) With respect to actions included within subdivision three of this

section, no later than July 1, 1977.

(d) With respect to actions included within subdivision four of this

section, no later than November 1, 1978.

Any agency which has not adopted and published the additional

necessary procedures described in subdivisions two and three of section

8-0113 of this article according to the dates set forth in this section

shall utilize those procedures found in Part 617 of title six

(environmental conservation) of the official compilation of the codes,

rules and regulations of the state of New York for purposes of

implementing this article until such time as such agency has adopted and

published its own procedures.

Definitions.

The following words and phrases, when used in this article, unless

otherwise expressly stated, are defined as follows:

1. The "Adirondack park" shall include all lands located in the forest

preserve counties of the Adirondacks within the following described

boundaries, to wit: Beginning at the most southerly corner of lot 166 of

the John Glen and 44 Others Patent in the line between such patent and

the twenty-first allotment of the Kayaderosseras Patent; thence

northeasterly along the said line and along the southerly bounds of John

Glen and 44 Others Patent and of the Sanders Patent to the southeasterly

corner of the Sanders Patent; thence continuing northeasterly along the

division line between the twenty-second and twenty-fourth allotments of

the Kayaderosseras Patent to the southeasterly corner of the

twenty-fourth allotment of the Kayaderosseras Patent; thence northerly

along the division line between the twenty-fourth and the twenty-fifth

allotments of that patent to the northeasterly corner of the

twenty-fourth allotment; thence easterly along the north line of the

twenty-fifth allotment and the southerly lines of John Glen and 44

Others Patent, the Luzerne Tract and the Glen Patent to the

southeasterly corner of the Glen Patent; thence northerly along the

easterly lines of the Glen Patent and the Luzerne Tract to the

northwesterly corner of the Queensbury Patent; thence easterly along the

northerly bounds of the Queensbury Patent to the northeasterly corner

thereof; thence southerly along the easterly bounds of the Queensbury

Patent to the northwesterly corner of the Kingsbury Patent; thence

easterly along the northerly bounds of the Kingsbury Patent to the

southwesterly corner of the Artillery Patent; thence northerly along the

westerly line of the Artillery Patent to the northwesterly corner of the

Artillery Patent; thence easterly along the northerly bounds of the

Artillery Patent to the southwesterly corner of the town of Whitehall;

thence northerly along the westerly line of the town of Whitehall to the

southern boundary of the town of Dresden; thence in a general northerly

and easterly direction along the town line to the state boundary at the

outlet of South Bay; thence in a northerly direction along the state

boundary to the northeastern corner of the town of Peru in Clinton

county; thence in a westerly direction to the low water line of Valcour

Island; thence in a general northerly and westerly direction along the

northern shore of Valcour Island to the northern boundary of the town of

Peru; thence in a westerly direction along the northern boundary of the

town of Peru to the eastern edge of the Delaware and Hudson railroad

right-of-way; thence southerly along said eastern edge of the railroad

right-of-way to the intersection of said right-of-way with the eastern

edge of the right-of-way of U. S. Highway No. 9; thence in a general

southerly direction along the eastern edge of said highway right-of-way

to the southern boundary of the town of Peru; thence westerly along the

southern boundary of the town of Peru to the western boundary of Platt's

Great Location; thence northerly to the northeastern corner of lot 4 of

Tharp's Tract; thence westerly along the northern line of lots 4, 7, 14,

17 and 24; thence northerly along the westerly line of Tharp's Tract to

the northern boundary of the town of Peru; thence westerly along the

town of Peru boundary to the southwestern corner of lot 30 of

Livingston's Patent in the town of Saranac; thence in a northerly

direction along the western line of lots 30, 29, 28, 27 and 26 to the

northern line of Livingston's Patent; thence easterly to the

southwestern corner of lot 12 of Canada and Nova Scotia Refugee Tract in

the town of Saranac; thence northerly along the western line of lot 12

to the southwestern corner of lot 11; thence easterly along the northern

line of lot 12 to the eastern boundary of the town of Saranac; thence

northerly along the eastern boundary of the town of Saranac to the

southern boundary of the town of Dannemora; thence easterly along the

southern boundary of the town of Dannemora to the southeastern corner of

said town; thence northerly along the eastern boundary of the town of

Dannemora to the northeastern corner of said town; thence northerly

along the eastern line of lots 22 to 15 inclusive of Duer's Patent in

the town of Altona to the northeastern corner of lot 15; thence westerly

along the northern line of lots 15 and 14 of Duer's Patent to the

southwestern corner of lot 160 of the Canada and Nova Scotia Refugee

Tract in the town of Altona; thence northerly along the western line of

lots 160 and 161 to the northwest corner of lot 161; thence in a

westerly direction along the northern line of lots 163 and 186 to the

northwestern corner of lot 186; thence southerly along the western line

of lot 186 to the northeastern corner of lot 188; thence westerly along

the northern boundary of lot 188 to the eastern line of the B. Wallace

Patent; thence southerly and westerly along the B. Wallace Patent

boundary to the eastern boundary of the town of Ellenburg; thence

northerly along the town of Ellenburg line to the northeastern corner of

lot 1 of the Hannah Murray Allotment; thence westerly along the northern

boundary of lots 1 to 30 inclusive to the northeastern corner of lot 1,

Township 8, Old Military Tract on the county line between Clinton and

Franklin counties; thence along the northern line of Township 8 to the

western boundary of the town of Bellmont; thence southerly along the

town of Bellmont boundary to the southwestern corner of lot 80, Township

8 of the Old Military Tract; thence easterly along the southern line of

lots 80 and 79 to the southeastern corner of lot 79; thence southerly

along the westerly line of lots 88 and 98 to the line between townships

8 and 9 of the Old Military Tract; thence westerly to the southwesterly

corner of township 8, said tract; thence northerly along the line

between the towns of Bellmont and Duane to the northeasterly corner of

the town of Duane; thence westerly along the southerly bounds of the

towns of Malone, Brandon and Dickinson and the northerly bounds of

Duane, Santa Clara and Waverly to the easterly bounds of great tract 2,

Macomb's Purchase, and the line between Franklin and St. Lawrence

counties; thence northerly along said county line to the northeasterly

corner of township number 15 Macomb's Purchase, great tract 2; thence

westerly along the northerly line of said township to the easterly line

of township number 14 in said great tract; thence southerly along the

line between townships 14 and 15 to the northeasterly corner of lot

number 2 in said township number 14; thence westerly along the northerly

bounds of lots 2, one, 32, 31, 14 and 13 of township 14 and of lots 47

and 39 of township 13, said great tract, to the northwesterly corner of

lot number 39; thence southerly along the westerly bounds of lots 39,

38, and 37 in township 13 to the northerly line of township number 11 in

great tract number 2; thence westerly along the northerly line of

township 11 to the northwesterly corner thereof and the northeasterly

corner of the town of Colton; thence southerly along the westerly line

of township 11 and the line between the towns of Colton and Parishville

to the southwesterly corner of lot number 31 in township number 11;

thence westerly along the northerly lines of lots 42, 41, 40, 39, 38 and

37 of township 10, great tract 2, to the westerly line of township 10;

thence southerly along the westerly line of township 10 to the

northeasterly corner of township 6, Macomb's Purchase, great tract

number 3, and the northeasterly corner of the town of Clare; thence

westerly along the northerly line of township number 6 and of the town

of Clare to the northwesterly corners thereof; thence southerly along

the westerly lines of township number 6 and of township number 10 in the

great tract and along the line between the towns of Clare and Russell to

the northeasterly corner of the town of Fine; thence westerly along the

northerly bounds of the town of Fine to the northwesterly corner

thereof; thence southerly along the line between the town of Fine and

the towns of Edwards and Pitcairn to the northeasterly corner of lot

number 90 in township 11, Macomb's Purchase, great tract number 3;

thence westerly along the northerly line of lots 90, 89, 88, 87, 86, 85,

84, 83, and 24 of township 11 to the northwesterly corner of lot number

24; thence southerly along the westerly lines of lots 24, 99, 102, 119

and 123 to the southwesterly corner of lot number 123 in the northerly

line of lot number 140 in township 11; thence westerly along the

northerly line of lot number 140 to the line between the counties of St.

Lawrence and Lewis; thence southeasterly along the county line to the

most northerly corner of lot number one, Macomb's Purchase, great tract

4 in the town of Diana; thence southwesterly along the northwesterly

line of lots one, 2 and 3 in the great tract and town to the most

westerly corner of lot number 3; thence southeasterly along the

southerly lines of lots 3, 9 and 14 to the most northerly corner of lot

number 16; thence southwesterly along the northwesterly line of lot

number 16 to the northerly bounds of great tract 5, Macomb's Purchase,

and the line between the towns of Diana and Croghan; thence easterly

along said line to the northwesterly corner of lot number 24, range 11,

Macomb's Purchase, great tract 5, Chassanis Tract; thence southerly

along the line between ranges 10 and 11 of said great tract to the most

southerly corner of lot number 13 in range 11 of said tract, and the

northerly line of Watson's West Triangle in the line between the towns

of Croghan and Watson; thence southwesterly along the said town line and

along the northwesterly bounds of Watson's West Triangle and the

northerly line of lots 292 and 302 of Watson's West Triangle to the

westerly line of lot number 302, Watson's West Triangle; thence

southerly along the westerly lines of lots 302, 301, 300, 299, 298, 297,

296, 295, 294 and 293 to the line between the towns of Watson and Greig

and the northerly line of the Brantingham Tract; thence westerly along

the northerly bounds to the northwesterly corner of lot number 7 in said

tract; thence southerly along the westerly lines of lots 7, 25, 43, 61,

79, 97, 115, 133, 151, 169, and 187; thence westerly along the northern

line of lots 204 and 203 to the midpoint of the northern line of lot

203; thence southerly to the midpoint of the southern line of lot 203;

thence easterly along the southern line of lots 203 and 204 to the

southeastern corner of lot 204; thence southerly along the westerly line

of lots 223, 241, 259, 276, 293, 309, 325 and 340 to the southwesterly

corner of lot number 340 in the Brantingham Tract; thence easterly along

the southerly lines of lots 340, 341, 342, 343, 344, 345 and 346 to the

southeasterly corner of lot 346 and the westerly line of lot number 347;

thence southerly along the westerly line of lot 347 to the line between

the counties of Oneida and Lewis and in the north line of the Seymour

Tract in Adgates Eastern Tract; thence southwesterly along the

northwesterly line of the Adgates Eastern Tract to the westerly line of

said tract; thence southerly along the westerly line and along the line

between the towns of Boonville and Forestport to the southwesterly

corner of said Adgates Eastern Tract; thence easterly along the line

between Adgates Eastern Tract and the Woodhull Tract to the line between

the counties of Oneida and Herkimer; thence southerly along the said

county line to the northeastern corner of lot 8 of the Woodhull Tract;

thence westerly along the northern line of lot 8; thence southerly along

the western line of lot 8, thence easterly along the southern line of

lot 8 to the county line; thence southerly along the county line; thence

southerly to the northern line of the Remsenburg Patent; thence

southwesterly along the northern line of lot 8; thence southerly along

the western line of lot 8 to the midpoint of said line; thence

northeasterly along the southern boundary of state land in lot 8 to the

county line; thence southerly along the county line to the northern line

of lot 84 of the Remsenburg Patent; thence southwesterly along the

northern line of lot 84, thence southerly along the western line of lot

84 to the northern boundary of the Walker Tract; thence northeasterly

along this boundary to the county line; thence southerly along the said

county line to its intersection with the southerly line of the

Jerseyfield Patent; thence southeasterly along the southerly line of the

Jerseyfield Patent to the northwestern corner of lot 142 of the Fourth

Allotment of the royal grant in the town of Salisbury; thence southerly,

easterly and northerly along the boundaries of the forest preserve land

in lot 142 to the southerly line of the Jerseyfield Patent; thence

southeasterly along the southerly line of the Jerseyfield Patent to the

line between the counties of Herkimer and Fulton; thence southerly along

the county line to the southwesterly corner of Lott and Low's Patent;

thence southeasterly along the southerly line of said Lott and Low's

Patent to the southeasterly corner thereof; thence northerly along the

line between said Lott and Low's Patent and the Kingsborough Patent to

the division line between the towns of Johnstown and Caroga; thence

northeasterly along the line between the towns of Caroga and Johnstown

to the southeasterly corner of the town of Caroga; thence northerly

along said town line to the southerly line of the Mayfield Patent;

thence easterly along the southerly line of the Mayfield Patent to the

southeasterly corner thereof and the westerly line of the Sacandaga

Patent; thence southeasterly along the southwesterly lines of lots 41

and 28 in said patent to the most southerly corner of lot 28 and the

westerly line of John Glen and 44 Others Patent; thence northerly,

southeasterly and northeasterly along the line between the Sacandaga and

the said John Glen and 44 Others Patent to the northwesterly corner of

lot 161 of John Glen and 44 Others Patent; thence southeasterly along

the southwesterly line of lots 161 and 166 of said patent to the place

of beginning.

2. The "Catskill park" shall include all lands located in the counties

of Greene, Delaware, Ulster and Sullivan within the following described

boundaries, to wit: Beginning in Ulster county at the intersection of

the easterly line of the Hardenburgh Patent with the southerly bounds of

the Rondout Reservoir; thence running southwesterly along the easterly

line of Great Lot 4 of the Hardenburgh Patent to the southeasterly

corner of lot one of the East Allotment, east division of Great Lot 4;

thence northwesterly along the southerly bounds of lots one, 7, 8, 14,

17, 22, 26, 33, 37 and 46 of said East Allotment, east division of Great

Lot 4 and along the southerly bounds of lots 67, 49, 48, 47, 46, 45, 44,

43, 42 and 41 of the Middle Allotment, east division of Great Lot 4 to

the center of the Neversink creek; thence northerly along the center of

the Neversink creek to the southeasterly corner of lot 37 of the West

Allotment, east division of Great Lot 4; thence northwesterly along the

southerly bounds of lots 37, 27, 22, 11 and 6 of said West Allotment,

east division of Great Lot 4 to a point in the easterly line of the town

of Rockland in Sullivan county; thence southerly along the easterly line

of the town of Rockland in Sullivan county to the northeasterly corner

of the town of Liberty; thence northwesterly along the northerly line of

the town of Liberty in Sullivan county to the southwesterly corner of

lot 120 of the East Allotment, middle division of Great Lot 4; thence

northwesterly along the southerly bounds of lots 119 and 118 of the East

Allotment, middle division of Great Lot 4 to a point in the center of

the Willowemoc creek; thence westerly down the center of the Willowemoc

creek to its confluence with the Beaver Kill; thence northwesterly down

the center of said Beaver Kill to the southwesterly line of the town of

Colchester in Delaware county; thence northwesterly along said

southwesterly line of the town of Colchester in Delaware county to the

westerly bank of the east branch of the Delaware river; thence along the

westerly bank of the said east branch of the Delaware river and the

westerly bounds of the Pepacton reservoir to its intersection with the

mouth of the Bush Kill at or near the village of Arkville; thence up

along the center of said Bush Kill to the New York Central Railroad;

thence along the said New York Central Railroad easterly to the line

between the counties of Delaware and Ulster; thence northeasterly along

that line to the southerly line of Greene county; thence northwesterly

along the southerly line of Greene county to the southwesterly corner of

Great Lot No. 21, Hardenburgh Patent; thence northeasterly along the

westerly line of said Great Lot No. 21, Hardenburgh Patent to the south

bank of the Batavia Kill; thence along the southerly bank of the Batavia

Kill easterly to the west line of the State Land Tract; thence

northerly, easterly and southerly along the line of the said State Land

Tract to the line of the Hardenburgh Patent; thence easterly and

southerly along the general easterly line of the Hardenburgh Patent to

the southwest corner of the town of Saugerties in Ulster county; thence

easterly along the southerly line of the town of Saugerties to the

westerly bounds of the New York State Thruway; thence southerly along

the westerly bounds of the said New York State Thruway to the northerly

bounds of the Esopus creek; thence in a general westerly direction up

and along the northerly bounds of said Esopus creek to its intersection

with the southwesterly line of the town of Ulster; thence northwesterly

to the southwest corner of the Hurley Patentee Woods Allotment; thence

in a general southwesterly direction along the southeasterly line of the

Hurley Patentee Woods Allotment to the northerly line of the town of

Marbletown; thence northwesterly along said northerly line of the town

of Marbletown to the town of Olive; thence southwesterly along the line

between the towns of Olive and Marbletown to the line of the town of

Rochester; thence northwesterly along the line between the towns of

Olive and Rochester to the point where the Mettacahonts creek crosses

the same flowing easterly; thence southwesterly parallel with the

northwesterly line of the town of Rochester to the southerly bounds of

the Rondout creek; thence westerly along the southerly bounds of the

Rondout creek and the southerly bounds of the Rondout Reservoir to the

easterly line of the Hardenburgh Patent, the point or place of

beginning.

3. A "fire patrolman" shall be an able-bodied person whose duty is to

patrol a given portion of railroad right of way for the purpose of

detecting promptly any fires which may be caused by the operation of the

railroad, or other fires which may occur upon such portion of the

railroad right of way, and secure their extinguishment.

4. A "forest fire" is a fire which is burning forest or wood lands, or

which, if permitted to extend, would burn forest or upon forest lands.

5. "Forest land" includes not only lands which may be covered with

tree growth but also lands which are best adapted to forests.

6. The "forest preserve" shall include the lands owned or hereafter

acquired by the state within the county of Clinton, except the towns of

Altona and Dannemora, and the counties of Delaware, Essex, Franklin,

Fulton, Hamilton, Herkimer, Lewis, Oneida, Saratoga, Saint Lawrence,

Warren, Washington, Greene, Ulster and Sullivan, except:

a. Lands within the limits of any village or city;

b. Lands not wild lands and not situated within either the Adirondack

park or the Catskill park acquired by the state on foreclosure of

mortgages made to loan commissioners; and

c. Lands acquired under the provisions of sections 9-0107 and 9-0501.

7. "Person" means any individual, firm, co-partnership, association or

corporation, other than the state or a public corporation, as the latter

is defined in subdivision 1 of section 3 of the General Corporation Law.

8. "Railroad" or "railroad company" includes all common or contract

carriers or other transportation facilities operating on rails.

9. "Railroad right of way" is the land adjacent to the tracks of a

railroad and shall be construed to be 50 feet in width on each side of

the center of the track but if the company owns a lesser width it shall

include the entire width owned by it.

General powers and duties.

For the purpose of carrying out the provisions of this article, the

department shall have the power, duty and authority to:

1. Exercise care, custody and control of the several preserves, parks

and other state lands described in this article.

2. Consistent with the provisions of section 9-0109 of this chapter,

establish, acquire, control and manage state parks, historic sites and

parkways in the forest preserve counties within the sixth park region as

defined in section 41-0101 and to acquire lands for such purposes when

moneys have been appropriated therefor.

3. Make necessary rules and regulations to secure proper enforcement

of the provisions hereof. In particular, the department shall have

authority to make rules and regulations prohibiting any person or

persons from entering upon any state-owned lands, or restricting the

activities of the public on such lands, whenever it determines that a

serious fire hazard exists thereon, and with the consent of the owner to

extend the applicability of such rules and regulations, in whole or in

part, to privately-owned forest lands.

4. Establish, operate and maintain nurseries for the production of

trees to be used in reforestation. Such trees may be used to reforest

any land owned by the state, supplied to owners of private land at a

price not exceeding cost of production, or used for planting on public

lands under such terms as may be deemed to be for the public benefit.

5. Prepare, print, post or distribute printed matter relating to

forestry and make investigations or experiments with regard to forestry

practices.

6. Receive and accept, in the name of the people of the state, by

gift, devise, or otherwise, the fee or other interest or estate therein

of lands or timber or both, for general conservation purposes, including

but not limited to water-shed protection, forest management, production

of timber or other forest products, silviculture, forest and outdoor

recreation and kindred purposes.

7. Acquire, when moneys therefor have been appropriated by the

legislature or are otherwise available, real property or any interest in

any timber thereon, situated within the Adirondack or the Catskill parks

or contiguous, connected with or adjacent to either park, deemed

necessary for the enlargement of the forest preserve or for the

conservation of the lands, forests and waters within the state, and real

property deemed necessary for the purpose of protecting the forests

within the state from fire.

7-a. Acquire, with the approval of the director of the budget and

within such appropriations as may be made available therefor by the

legislature, such abandoned railroad rights-of-way and other real

property pursuant to subdivision seven of this section as may be

necessary to develop a system of trails in the Adirondack and Catskill

parks which shall mesh, where possible, with the comprehensive statewide

trails system promulgated by the commissioner of parks and recreation;

and promulgate, develop and improve such trails systems within said

parks in order to make such trails suitable and available for use. For

the purposes of this subdivision "trails" shall include footpaths,

bikeways, snowmobile trails, horse trails, cross country ski trails,

roads and other rights-of-way suitable for hiking, strolling, cycling,

horseback riding, skiing and other means of motorized and non-motorized

travel for recreational purposes and shall include combinations and

systems of trails, including connecting and side trails, and trails

leading to scenic and recreational areas.

8. Examine the forest lands under the charge of the several state

institutions, boards or other management for the purpose of advising and

cooperating in securing proper forest management of such lands.

9. Bring any action or proceeding for the following purposes:

a. to enforce the state's rights or interests in real property which

an owner of land would be authorized to bring in like cases;

b. to insure the enforcement of the provisions of this article;

c. to determine in trespass, ejectment or other suitable actions, the

title to any land claimed adversely to the state;

d. to cancel tax sales or to set aside cancellations of tax sales.

10. Compromise or adjust any judgment or claims arising out of

violations of any provisions of this article, except where title to land

is involved.

11. Have custody of all abstracts of title, papers, contracts or

memoranda relating thereto, except original deeds to the state, for any

lands purchased or conveyed to the state for forest preserve purposes.

12. Enter into cooperative agreement with the United States Department

of Agriculture, the United States Department of Labor, the United States

Office of Economic Opportunity, municipalities or persons for the

purpose of better protecting the forests of the state from fire and

pests and promoting the practice of forestry. Moneys received from the

United States government, municipalities or persons in accordance with

such agreements shall be deposited with the Division of Finance in the

Department of Taxation and Finance, and may be withdrawn by the Division

of Finance upon the warrant or order of the Commissioner of

Environmental Conservation. The provisions of section 121 of the State

Finance Law shall not apply to any moneys received pursuant to the

provisions of this subdivision if used for the purposes indicated.

13. When an honest dispute arises as to the location of the boundary

line between land owned by the state, over which the department has

control and supervision, and land privately owned, execute a boundary

line agreement between the owners of such private lands and the state,

subject to the approval of the Commissioner of General Services.

14. Designate or approve, whenever the Commissioner of Correction or

the director of the division for Youth so requests, sites on land under

its control for the establishment of work camps to which persons

transferred to the correctional camps for youth, or to youth opportunity

or youth rehabilitation centers may be sent; designate and approve work

for such persons in conservation projects on publicly owned lands or

lands over which the State has a permanent easement for fishing right

purposes, and provide technical supervision for such work; and designate

and approve work for such persons in conservation projects on lands

owned by Cornell University for the use of the State University College

of Agriculture, and by Syracuse University for the use of the State

University of New York College of Environmental Science and Forestry.

15. Make rules and regulations and issue permits for the temporary use

of the forest preserve.

16. Nothing in this chapter shall be construed as extending the

jurisdiction of the department over the real or personal property now or

hereafter under the control or in the custody of Palisades Interstate

Park Commission, but the department, subject to the powers of the

commissioner, is authorized to cooperate with Palisades Interstate Park

Commission by the joint employment of wardens, foresters and keepers for

the mutual protection of the lands under their respective jurisdiction

and other commissions and the preservation of the forests thereon and of

the fish and game therein.

17. Refund, to the persons entitled thereto, moneys heretofore or

hereafter received by the department pursuant to any law or to an order,

rule or regulation made and prescribed by the commissioner regulating

the discharge of the functions, powers and duties of the department and

deposited to the general fund, upon satisfactory proof of entitlement.

Such refunds shall, upon approval of the commissioner and after audit by

the Comptroller, be paid from any moneys available to the department in

the general fund.

18. Establish, operate and maintain a search and rescue program in

fire towns and fire districts of the state. For the purposes of this

section fire towns shall mean such towns provided for in section 9-1107

of this chapter and fire districts shall be deemed to be the fire

protection areas provided for in section 9-1109 of this chapter and

regulations promulgated pursuant to the authority of such sections.

Pursuant to such program the forest ranger force of the department shall

have the authority to organize, direct and execute search operations for

lost persons or civilian aircraft and conduct rescue operations for

persons injured or in serious danger of injury in the wild, remote and

forested areas of fire towns and fire districts of the state; provided

that, where criminal conduct is suspected or fugitive search is involved

such search or rescue operations shall be conducted under the

jurisdiction of the appropriate law enforcement agency. Search and

rescue operations outside of fire towns and fire districts may be

conducted by the forest ranger force upon request of the agency

conducting such operation.

19. Identify, manage and conserve plants and ecological communities

that are rare in New York state, located on state-owned lands under the

jurisdiction of the department, and participate in the New York natural

heritage program, created pursuant to section 11-0539 of this chapter,

to identify rare plants, animals and ecological communities.

20. Exercise such other powers and duties as are provided by law.

Acceptance by department of lands for parks and for

silvicultural research.

Notwithstanding any other provisions of this article, the department

is hereby authorized to accept, for the state, grants or deeds of gift

of any lands, upon approval of the title thereto by the Attorney

General, as follows:

1. a. Lands, located in any county named in subdivision 2 of section

9-0105, or in subdivision 6 of section 9-0101 of this article, which the

department may deem suitable for park or reservation purposes. The grant

or deed must recite that it is given for acceptance under the provisions

of this subdivision of this section.

b. Property so accepted shall forever be under the jurisdiction of the

commissioner and his successors in office and, by virtue of the

acceptance thereof, shall be irrevocably dedicated to be used for the

purposes of a public park or reservation under the care, custody,

control and management of the department and shall not become a part of

the forest preserve. Such property shall forever remain open to the

public for the enjoyment of the scenic and natural beauties of the

premises, and receive such improvement or development, by the erection

of buildings, roads, highways, railroads and other structures, including

the improvement, alteration and maintenance of the structures now on

such premises as the legislature may from time to time determine. The

department may, in its discretion, lease a part or all of such premises

upon such terms and conditions as it may determine not inconsistent with

the reasonable use of such premises by the public, provided that any

such lease shall first have been approved by the Attorney General as to

form.

2. a. Lands, located in any county named in subdivision 6 of section

9-0101 of this article, which the department may deem suitable for use

for the purposes of silvicultural research and experimentation in the

science of forestry to the end that forest practices most beneficial to

the economy of the state and the health, welfare and comfort of the

people of the state may be ascertained and demonstrated. The grant or

deed to the state of any such lands must recite that it is given for

acceptance under the provisions of this subdivision of this section.

b. Property so accepted shall be under the jurisdiction of the

commissioner and his successors in office and, until otherwise provided

by law, shall be dedicated for use only for the purposes of

silvicultural research and experimentation in the science of forestry,

including purposes incidental thereto, under the care, custody, control

and management of the department and its successors in office and shall

not become a part of the forest preserve. Under such conditions as it

may deem consistent with the purposes aforesaid, and upon such terms as

it may deem to be for the best interests of the state, the department

may sell trees, timber and other products on any such lands. All trees,

timber or other products to be sold shall be plainly marked or otherwise

designated prior to cutting and no such material shall be removed from

such land until paid for. No such material shall be sold at less than

the fair market value in the county or counties in which it is located,

which value shall be the value fixed by a department forester or other

competent appraiser in a report made after an examination of the

materials to be sold, provided such appraisal is approved by the

department. The department may sell any such materials at not less than

the fair market value so fixed and under such conditions as it may

prescribe, provided, however, that no sale of such materials appraised

at five hundred dollars or more shall be made without public notice of

sale, and after receipt of sealed bids. The award shall be made only to

the highest bidder. Such notice of sale and bids, the awarding of the

contract and the execution and filing of the contract shall otherwise be

in accordance with the procedure specified in sections 9-0501 through

9-0505 of this article for the sale after public notice, of trees,

timber, and other forest products on reforestation areas. All moneys

received from any such sale shall be paid over to the State Comptroller

and shall be deposited by him in the forest preserve expansion fund

established by section 97-e of the State Finance Law.

Acquisition of lands within the Adirondack or Catskill parks.

1. Unless deemed necessary for the conservation of critical and unique

natural land areas or of significant wild forest land areas, the state

shall not acquire or accept fee simple ownership of structures or

improvements in the Adirondack or Catskill parks listed or eligible to

be listed on the state register of historic places including that amount

of land on which such structures or improvements are located that is

necessary for their maintenance and use.

2. Prior to any land acquisition by a state agency within the

Adirondack or Catskill parks, the commissioner or responsible chief

executive officer proposing such acquisition shall undertake a review of

such action pursuant to the state environmental quality review act as

provided in article eight of this chapter and, when applicable, the New

York state historic preservation act of 1980.

3. If such structures or improvements in the Adirondack or Catskill

parks are offered to the state for purchase or as a gift, it shall be

the responsibility of the state agency to which such offer is made, in

accordance with guidelines prepared for notifying potential private

purchasers, to search for a private purchaser or donee who would

preserve such structures or improvements, if the present owner thereof

consents.

4. Historic structures and improvements which are located within the

Adirondack and Catskill parks and owned by the state prior to the

effective date of this section and which existed prior to acquisition by

the state may be maintained provided that:

a. the commissioner of parks, recreation and historic preservation

finds that such structures and improvements are listed or are eligible

to be listed on the state register of historic places pursuant to

subdivision one of section 14.07 of the parks, recreation and historic

preservation law; and

b. the commissioner finds that such structures and improvements can be

maintained for public enjoyment and understanding of the forest preserve

or for departmental activities necessary in protecting forest preserve

lands in the parks in a manner that will not disturb the existing degree

of wild forest character of land on which the pre-existing structures or

improvements are located or the wild forest character of land adjacent

thereto; and

c. such maintenance is in accordance with reasonable regulation of the

forest preserve in the Adirondack and Catskill parks consistent with

article fourteen of the state constitution.

The recording provisions of section sixty-three of the public

buildings law shall apply if such structures and improvements are not

maintained or are substantially altered or demolished.

Delegation of authority to license guides.

The commissioner may delegate the authority to administer the

licensing of guides pursuant to section 11-0533 of this chapter to the

office of public protection.

Adopt-a-natural resource stewardship program.

1. The commissioner may enter into stewardship agreements with any

person or persons for the purposes of preserving, maintaining, or

enhancing a state-owned natural resource or portion thereof in

accordance with the policies of this article.

2. The stewardship agreement shall provide that the natural resource

be preserved and maintained in its natural state or managed to enhance

or restore the natural resource values they provide, consistent with the

provisions of this chapter and purposes of this article. Activities may

include: remediating vandalism, picking up litter and trash,

establishing or maintaining access or nature trails, providing

interpretive services for school groups and other citizens, managing

fish and wildlife habitat, and otherwise providing positive benefits to

the natural resource.

3. Stewardship agreement with any person or persons may provide for

assistance of personnel, facilities and supplies of the department for

the purposes of supporting appropriate activities under such stewardship

agreement, in accordance with the provisions of this article.

4. The department shall establish procedures by which a person or

persons may apply for a stewardship agreement, and shall be responsible

for working with such persons to identify specific sections of a

state-owned natural resource and specific activities deemed appropriate

for such stewardship agreement. The department may consider factors such

as safety, environmental sensitivity, need, cost and other factors

deemed relevant in determining which natural resource or activities may

be eligible or appropriate for a stewardship agreement.

5. Consistent with other laws of the state and regulations of the

department, the department shall provide recognition of the stewardship

activities by appropriate signage on or near the adopted natural

resource, and may provide recognition by such other measures as it may

determine to be appropriate, including but not limited to press

releases, certificates, newsletters, and articles in the

conservationist.

6. The stewardship agreement may be modified in scope or altered in

any other manner at the sole discretion of the department, not

inconsistent with the provisions of this section. The person or persons

shall have the option of renewing the agreement subject to the approval

of the department and the continuation by the department of the

adopt-a-natural resource stewardship program. The department may

terminate the agreement and remove the signs upon thirty day notice, if

in its sole judgment it finds and determines that the person or persons

are not meeting the terms and conditions of the agreement.

7. The department shall, to the maximum extent practicable, provide

assistance to other state agencies that are interested in developing

stewardship programs for natural resources under their jurisdiction.

8. Notwithstanding any inconsistent provision of law, the state and

its employees shall not be liable for damages suffered by any person

resulting from the actions or activities of such volunteers.

Use and diminution of Adirondack and Catskill parks.

1. All lands in the Catskill park and in the Adirondack park, except

those lying within the town of Dannemora, now owned or which may

hereafter be acquired by the state, shall be forever reserved and

maintained for the free use of all the people, except that nothing

herein shall prohibit the charging of a fee for services rendered or

facilities provided.

2. No law diminishing the area of the Adirondack and Catskill parks,

as defined in section 9-0101 hereof, shall be effective unless enacted

by the legislature at two successive regular sessions.

Restrictions on use of state lands.

In order to protect the state lands described in this article the

following provisions shall apply:

1. Trees or timber. Except as provided in subdivision 2 of section

9-0107 and in sections 9-0501 through 9-0507 of this article no person

shall cut, remove, injure, destroy or cause to be cut, removed, injured

or destroyed any trees or timber or other property thereon or enter upon

such lands with intent to do so.

2. Structures. No building shall be erected, used or maintained upon

state lands except under permits from the department.

3. Agricultural use. No person shall use any portion of the forest

preserve for agricultural purposes, nor shall cattle or domestic animals

of any kind be permitted to graze thereon.

4. Deposit rubbish. No person shall deposit or leave on state lands

any rubbish or other waste material.

5. Transfer or lease. No person shall lease, transfer or accept any

lease or transfer of any lands in the forest preserve or of any

improvements thereon.

6. Disposal of improvements. The department may dispose of any

improvements upon state lands under such conditions as it deems to be to

the public interest.

7. Removal of materials generally. No person shall remove any material

belonging to the state from the state lands without the authorization of

the department.

Signs and advertising in Adirondack and Catskill parks.

1. In order to conserve the natural beauty of the Adirondack and

Catskill parks, to preserve and regulate the said parks for public uses

for the resort of the public for recreation, pleasure, air, light and

enjoyment, to keep them open, safe, clean, and in good order for the

welfare of society, and to protect and conserve the investment of the

state in forest lands, campsites and other interests in real property in

said parks, no person shall erect or maintain within the boundaries

thereof any advertising sign, advertising structure or device of any

kind, except under written permit from the department. The provisions of

this section shall not apply to signs erected or maintained upon a

parcel of real property in connection with the principal business or

principal businesses conducted thereon and which advertise such business

or businesses only, or to signs within the limits of an incorporated

village.

As to signs, structures or devices existing within the Catskill park

on May 26, 1969, and which require a permit pursuant to this section,

the same may continue to be maintained without permit until January 1,

1976 provided that the property owner or owner of such sign, structure

or device registers the same with the department on or before January 1,

1972.

As to signs, structures or devices existing on May 31, l972 in those

portions of the Adirondack park added thereto by chapter six hundred

sixty-six of the laws of nineteen hundred seventy-two, and which require

a permit pursuant to this section, the same may continue to be

maintained without permit until January 1, 1978, provided that the

property owner or owner of such sign, structure or device registers the

same with the department on or before January 1, 1975.

2. Whenever a sign, structure or device has been erected or is being

maintained in violation of the provisions of subdivision one of this

section, the commissioner shall cause a notice of such violation,

specifying as nearly as may be the nature and location of such sign,

structure or device, to be personally served upon the owner of record of

the real property upon which the same is located, hereinafter referred

to as the property owner. In addition, a copy of such notice shall be

personally served upon the owner of such sign, structure or device, if

his name and address and the fact that he is the owner is clearly

indicated thereon.

3. The property owner or the owner of such sign, structure or device

shall remove the same within ten days from the date of the last service

of such notice or copy thereof as hereinabove specified. In the event of

the failure of the property owner or the owner to remove such sign,

structure or device within such ten day period, the commissioner may

cause an agent or employee of the department to enter upon the property

where such sign, structure or device is located and to remove the same.

4. No action for trespass or damages shall lie on account of entry

upon private property by an authorized agent or employee of the

department engaged in carrying out any of the provisions of this

section.

Forest preserve lands; detached parcels outside Adirondack and

Catskill parks.

Any lands of the state, now owned or hereafter acquired, constituting

the forest preserve, but outside of the Adirondack and Catskill parks as

now fixed by law and not acquired or dedicated for the practice of

forest or wild life conservation, and consisting in any case of not more

than 100 contiguous acres entirely separated from any other portion of

the forest preserve, may be dedicated, used, sold or exchanged as

follows:

1. The department may dedicate any of such lands for the practice of

forest or wild life conservation, or may use any of such lands for

public recreational or other state purposes, under the care, custody and

control of the division of lands and forests. Such dedication or use

shall be by written order of the commissioner, filed in his office, a

certified copy of which shall be forthwith filed by him in the office of

the Secretary of State.

2. The department may consent to a transfer of jurisdiction over any

such lands by the Office of General Services, and such office may make

such transfer in accordance with the provisions of subdivision 4 of

section 3 of the Public Lands Law governing transfers of jurisdiction in

general, for the purpose of thereby dedicating such lands for the

practice of forest or wild life conservation or for the use thereof for

public recreational or other state purposes.

3. The department may consent to a sale or exchange of any of such

lands in accordance with the provisions of section 24 of the Public

Lands Law.

Power to acquire reforestation areas; prohibition against

compensation or gratuity.

1. In order to provide for the acquisition of lands outside of the

Adirondack park and the Catskill park as defined by subdivisions 1 and 2

of section 9-0101, which are adapted for reforestation and the

establishment and maintenance thereon of forests for watershed

protection, the production of timber and other forest products, and for

recreation and kindred purposes, the department may acquire in the name

of the state, by gift, purchase or appropriation, reforestation areas

which shall consist respectively of not less than five hundred acres of

contiguous lands, which shall be forever devoted to the planting, growth

and harvesting of such trees as shall be deemed by the commissioner best

suited for the lands to be reforested. Lands divided only by highway,

railroad, transmission line, telephone line, telegraph line, pipe line

or other rights of way or only by canals or streams shall be deemed to

be contiguous within the meaning of this section. Plantations and other

forests thereon shall be established, managed and protected under his

supervision pursuant to such provisions of law as shall from time to

time be established or to such rules and regulations as may be

prescribed by him.

2. No officer or any other person acting for the department in

securing options for the purchase of lands acquired or to be acquired

under provisions of this title 5 shall directly or indirectly receive or

accept from a vendor of lands acquired or to be acquired by the state as

herein provided any commission, compensation or gratuity, and no town or

county officer shall receive any compensation for services rendered to

the department in connection with such acquisition.

Certificate of purchase; exemption from taxation.

Immediately upon acquiring by gift, purchase or appropriation lands

for a reforestation area the commissioner shall transmit to the state

agency authorized by law to approve assessments of state lands and to

the Department of Audit and Control, respectively, a certificate which

shall set forth, with respect to each parcel of such lands so acquired,

a description thereof, the area in acres, from whom acquired, whether

acquired by gift, purchase or appropriation, the price paid for such

parcel in the case of a purchase (except as hereinafter provided), the

date of the recording of the deed, if acquired by deed, the effective

date of the devise, if acquired by devise, and the assessed valuation of

such parcels as shown by the assessment rolls of the town in which such

parcel is located two years prior to the gift, if acquired by gift and

separately assessed. If such a purchase shall include more than one

parcel of such lands and it is impossible for the commissioner to

determine the price paid for such parcel included in such purchase, he

shall specify in such certificate the price paid for the entire tract

purchased. Such lands shall be exempt from taxation only as provided in

the Real Property Tax Law.

Sale of products from reforestation areas.

1. The commissioner, upon such terms as may be deemed by him to be for

the best interests of the state and subject to the following rules and

regulations, may sell the trees, timber and other products on any areas

outside of the forest preserve counties heretofore or hereafter acquired

by gift, purchase or appropriation and on any lands within the forest

preserve counties, but outside of the Adirondack and Catskill parks as

now fixed, or hereafter extended by law, heretofore or hereafter

acquired pursuant to this section by the department. For the purposes of

this section, the term "other products" shall also include, but not be

limited to, the sap from maple trees.

2. All trees, timber or other products to be sold shall be plainly

marked or otherwise designated prior to selling and no such material

shall be removed from said land until paid for.

3. No such material shall be sold at less than the fair market value

in the county or counties in which it is located. Fair market value

shall be the value fixed by a department forester or other competent

appraiser in a report made after an examination of the materials to be

sold, provided such appraisal is approved by the commissioner. The

commissioner shall have authority to sell such materials at not less

than the value thus fixed and under such conditions as he may prescribe.

4. a. No sale of such materials appraised at ten thousand dollars or

more shall be made without public notice of sale, and after receipt of

sealed bids which shall be opened only at the time and place specified

in the notice of sale. Award shall be made only to the highest bidder.

b. The public notice of the sale of such materials shall be a notice

describing the materials and location thereof, the date when and place

where bids will be opened and the address at which said forms and

specific details of the sale may be obtained. Such notice shall be

printed in the Procurement Opportunity Newsletter, and in such other

newspapers as will be most likely to give adequate notice of the sale of

such materials, for such time and in such manner as shall be determined

by the commissioner.

c. The state may reject all bids submitted if the highest bid is below

the fair market value as determined above. No bids shall be withdrawn or

cancelled until after the award shall have been made, but the state may

reject any bids which do not conform to rules and regulations and may

reject all bids and again advertise for bids in the manner herein

provided if the interests of the state shall be promoted thereby. Each

bidder with his bid shall deposit with the commissioner a certified

check drawn upon some legally incorporated bank in this state or money

for five per centum of the amount of his bid as a guarantee that he will

enter into the contract of sale if it be awarded to him. Notice of the

requirement of such deposit with the bid shall be embodied in the public

notice for such letting and such notice shall also require the giving of

a bond in such amount as the commissioner may prescribe for the faithful

performance of the contract and for the indemnification of the state for

any unnecessary injury to property of the state, forest growth or other

materials not marked or otherwise designated for removal under such

contract, which may result from the removal of the materials sold. In

lieu of such bond the bidder may deposit cash or a certified check with

the commissioner. The contract when awarded shall be executed in

triplicate, one triplicate original shall be forthwith filed in the

office of the commissioner, one together with the bond accompanying such

contract in the office of the State Comptroller and one furnished to the

contractor. The contractor shall present to the commissioner evidence

that he is insured against all claims for workmen's compensation and

public liability.

d. For sales appraised at more than five hundred dollars and less than

ten thousand dollars the commissioner, at a minimum, shall develop a

local bid procedure to ensure that the public is aware of such sales and

that such sales be awarded to the highest responsible bidder.

5. Notwithstanding any rule or regulation to the contrary, the

commissioner shall be authorized to enter into contracts for the lease

or use of state lands for the purpose of tree tapping and sap production

for a term of up to, but not to exceed, ten years. For the purposes of

this section, the terms "tree tapping" and "sap production" shall

include trees and sap from species of trees including, but not limited

to, maple.

Leasing of oil and gas rights on reforestation areas.

Notwithstanding any provisions of Article VII of the Public Lands Law

to the contrary, the department, with the approval of the state

geologist, may, in any lands acquired by the state in accordance with

section 9-0501, enter into leases for the purpose of aiding in

discovering and removing any oil or gas upon such lands or storage of

gas or oil thereon, under such terms as may be prescribed by the

department, and upon such conditions that the exercise of such leasehold

rights shall not interfere with the operation of such reforestation

areas for the purposes for which they were acquired and as defined in

Section 3 of article XIV of the Constitution. Any lease made and entered

into pursuant to this section shall be recorded in the Office of General

Services.

Lease of land to federal government for use by the federal

aviation agency.

1. Notwithstanding any contrary provision of this article, the

department is hereby authorized upon such terms and conditions as it may

deem appropriate to lease to the federal government, for use by the

federal aviation agency, the following described land:

From the United States Coast and Geodetic Survey Monument "SHED"

located at Latitude North 42Á-47'-21", Longitude West 75Á-49'-37"

proceed S 88Á-15" E a distance of 325 feet to a point on the common

property line between the lands of Howard Williams and the lands of the

New York State Department of Environmental Conservation, said point

being the Northeast corner of Lot 12, Proposal B, Reforestation Area 3,

Madison County and also the point of beginning of the herein described

area:

Thence S 8Á-15' W a distance of 540.0 feet to a point;

Thence S 41Á-15' W a distance of 565.0 feet to a point;

Thence N 36Á-15' W a distance of 638.0 feet to a point;

Thence N 11Á-15' E a distance of 535.0 feet to a point;

Thence S 83Á-30' E a distance of 725.0 feet to a point of beginning,

containing in all 14 acres more or less, all being situated in Lot 12,

Proposal B, Reforestation Area 3, Madison County, State of New York. All

bearings are magnetic.

2. The lease of the above described premises shall include the right

to construct thereon a very high frequency omni-range navigation

facility, together with the right to operate and maintain the same, with

easements of access for laying, operating and maintaining utility lines

in connection therewith.

Purpose of program.

In order that the practice of forestry may be encouraged, the damage

caused by unplanned cutting may be avoided and the industries of the

state dependent upon forest products may be stabilized as far as

possible, the cooperative program provided in this title 7 is hereby

authorized.

Forest regions.

The commissioner shall establish not to exceed nine forest regions of

one or more counties each, which shall include all counties of the

state.

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 shall provide to cooperating forest

and farm woodland owners technical services in connection with all

phases of forest management including but not limited to, plantation

establishment and care, the marking of timber, marketing assistance and

silvicultural treatment of immature stands.

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 land is located, for a

specified period of time which may be extended from time to time by

mutual consent and may be reduced to writing at the option of the

commissioner. The failure of such owner to comply with the provisions of

such agreement will relieve the commissioner and the state forthwith

from the obligation to render to any such failing owner any state

assistance provided for in section 9-0713. The commissioner may provide

limited or sample services to non-cooperating owners with such owners'

consent and without agreement.

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 forestry purposes. The

governing board of a county, city, town or school district may

appropriate money for the purchase of lands for the purposes herein

provided, to establish forest plantations or for the care and management

of forests.

2. Procedure. Such boards may undertake such work at regular or

special meetings by majority vote of such board after two weeks' public

notice setting forth the fact that such plan is contemplated and that

moneys are to be appropriated for such purposes.

3. Assistance and trees and shrubs. The department may assist and

advise such boards in its reforesting and wildlife habitat improvement

work, and the department may furnish trees and shrubs for planting such

publicly owned lands without charge provided they are planted in

accordance with the instructions of the department.

4. Use. Such governing board shall have full power and authority to

acquire, maintain, manage and operate such forests, and sell the produce

thereof, for the benefit of the inhabitants of its district.

5. Revenue. The net income from such lands shall be paid into the

general fund of such municipal division and shall be used only upon

order of its governing board.

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 conserve, improve and protect its natural

resources and environment. The legislature recognizes that the needs and

opportunities which affect the use, management and protection of the

forest resources of the state are interrelated and require a

comprehensive approach to issue resolution and policy development. To

best serve the public interest, forest resources programs and efforts

should be based upon periodic assessments and analyses of present and

anticipated use, demand for, and supply of renewable forest resources

from the public and private forest lands of the state. The department

shall consult and cooperate with the Adirondack park agency in the

preparation of those parts of the assessment and plan with respect to

the forest resources of the Adirondack park. The legislature hereby

designates the department of environmental conservation as the official

state agency with the responsibility to plan for present and future

demands on the state's forest resources and declares that the department

shall conduct a program of long range comprehensive forest resource

planning which planning program shall include the periodic preparation

of a forest resources assessment and the periodic development of a

forest resources plan.

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 shall be prepared on or before September

thirtieth, nineteen hundred eighty-six and subsequent assessments shall

be prepared at least once every ten years. Assessments shall include but

not be limited to the following:

1. an inventory of present supply of and demand for renewable forest

resources;

2. an analysis of future supply of and demand for renewable forest

resources; and

3. a description of present programs and responsibilities of all major

organizations involved in the management of public and private forest

resources.

The assessment will include all of the ecologic, sociologic,

aesthetic, and economic data necessary to achieve the purposes of this

act. The department shall develop and maintain an efficient system for

collecting, storing, and analyzing these data, and shall prepare an

assessment update at least once every five years.

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 but not be limited

to the following:

1. an inventory of significant forest resources issues, specific

needs, and opportunities facing public and private forest resources;

2. an identification of alternative goals and strategies which address

such issues, needs and opportunities and which propose specific actions

to be taken; and

3. an identification of final recommended goals and strategies.

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, management and

protection of public and private forest resources and to enhance the

prospect of common acceptance of plan recommendations.

1. The advisory committee membership shall be representative of forest

resources related agencies and organizations in this state. The

committee shall provide interdisciplinary review and analysis of policy

development throughout the planning process. The committee shall meet at

least annually and shall file a written annual report to the department

and the legislature which report shall include a statement of progress

made toward attaining the goals and objectives stated in the forest

resource plan, recommendations for amendment of the plan and any other

matter the committee deems necessary to be included. The members of the

advisory committee shall not receive any remuneration except that the

department may reimburse members thereof for reasonable expenses

incurred in attending meetings.

2. The technical review committee membership shall be representative

of the full range of expertise in use, management and protection of

forest resources. The committee will provide scientific and technical

review and analysis in development of the forest resources assessment.

The members of the technical review committee shall not receive any

remuneration except that the department may reimburse members thereof

for reasonable expenses incurred in attending meetings.

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 the public informed about

the planning process and to provide opportunities for the public to

contribute to that process.

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 Renewable Resources Planning Act of 1974 (16 USC

1601 et seq.) and the Cooperative Forestry Assistance Act of 1978 (16

USC 2101 et seq.). The department shall cooperate with any other federal

agency that may be involved with planning for forest resources.

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 supercede section eight hundred one of the

executive law.

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 proposed local law or

ordinance which may restrict the practice of forestry. The requesting

municipality or owner of forest land shall provide, at a minimum, the

full text of the proposed local law or ordinance to the commissioner

with such request.

1. Upon receipt of such written request or upon the commissioner's

determination to comment on a local law or ordinance, the commissioner

shall notify the municipal legislative body, in writing, of the receipt

date or the date of such determination.

2. An owner of forest land shall provide notice to the municipal

legislative body proposing the local law or ordinance of a written

request to the commissioner in the time, manner, and form as may be

prescribed by the commissioner.

3. The commissioner, in preparing his or her comments for

consideration by the municipality, may consider factors including, but

not limited to, the impact of the proposed local law or ordinance upon

the long-term viability of forests in the municipality and any

modifications or alternatives which a municipality may undertake to

minimize the impacts to the practice of forestry in preparing his or her

comments.

4. The commissioner shall have forty-five days after receipt of an

ordinance to provide his or her comments, if any, to the municipal

legislative body proposing the law or ordinance. Any municipal

legislative body shall defer the adoption of such local law or ordinance

pending receipt of comments, if any, from the commissioner or the

passage of forty-five days from the date of receipt of the proposed

local law or ordinance by the commissioner. The commissioner shall have

the opportunity to respond only to the original proposal considered by

the local governing body.

5. For purposes of this section, "forest land" shall mean land that is

suitable to forest crop production.

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.

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 veterans memorial highway in Essex

county and the Gore mountain ski center and the Prospect Mountain

Veteran's Memorial Highway in Warren county. The New York world war

veterans memorial highway in Essex county and the Prospect Mountain

Veteran's Memorial Highway in Warren county shall continue to be

maintained by the Department of Transportation.

2. The commissioner shall have the power and is authorized to impose

and provide for the collection of such fees or charges as he may deem

necessary and for the best interests of the state for the use of all

facilities and their appurtenances. All moneys received therefrom shall

be deposited in the State Treasury pursuant to the provisions of the

State Finance Law.

3. The department shall have the supervision and jurisdiction over all

locks and adjacent state property between the Saranac river and lower

Saranac lake and between lower Saranac and middle Saranac lake in the

county of Franklin and make such improvements and repairs thereto from

time to time as may be necessary.

4. The commissioner shall have the power and is authorized to

encourage investment by the private sector for the provision of

equipment and capital improvements for concession facilities operated at

the Belleayre Mountain ski center and the Gore Mountain ski center by

entering into concession license agreements for extended periods not to

exceed ten years in total. Such extended term shall be for the purpose

of assuring a concessionaire of adequate protection against loss of

investment in structures, fixtures, equipment, supplies and other

improvements, and the length of such term shall have a direct

relationship to the period required to amortize the investment. The bid

prospectus submitted to prospective bidders shall contain specific

information concerning the nature of the capital improvements or

equipment to be provided by the successful bidder.

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) prohibit the smoking of tobacco in

forests, woodlands and open lands and (d) suspend any open season for,

or prohibit the taking of, fish, birds and quadrupeds. Such proclamation

may contain exceptions to the activities prohibited, and may apply to

all or a portion of the state. Such proclamation shall be in full force

and effect at the expiration of 24 hours after notice is given in such

manner as the Governor may determine and shall remain in full force

until rescinded by the Governor.

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 determines necessary.

2. Purchase necessary equipment, tools or supplies, employ men or

incur other expenses as may be necessary to furnish adequate forest fire

protection.

3. Establish, maintain, equip and operate forest fire observation

stations, telephone lines or other structures therefor as the public

interest requires.

4. Make contracts, agreements or purchases either for construction,

operation or maintenance of telephone lines for fire protection

purposes. Any telephone company may grant the state a preferred rate.

5. With consent of owner build or improve fire roads, ditches, trails

or fire lines. No action for trespass shall lie on account of injury to

private property on such account, if the act is performed in the

protection of the forests from fire.

6. Appoint necessary employees to perform such duties as are required

by this title 11.

7. Order removed from service, on forty-eight hours' notice, any

railroad locomotive, operating in the fire towns, not properly equipped

with fire protection devices.

8. Grant an extension of time in which owners may comply with section

9-1113 when the department is satisfied that such an extension of time

will not endanger the forests to fire, but in no case shall an extension

be granted for a period of more than six weeks from the time of cutting,

except in connection with operations for the clearing of a reservoir

site under the authority of section 15-1507.

9. Relieve railroads from maintaining railroad fire patrol, or

clearing right of way when in the judgment of the department the absence

of such patrol or clearing will not subject the forests to fire menace.

10. Request the Public Service Commission to hear and determine

whether any railroad, person or company operating railroad locomotives

through forest land is using such devices and precautions against the

setting of forest fires, as the public interest requires.

11. Designate persons who shall have authority to issue permits as

required by subdivision 5 of section 9-1105.

12. Enter into working agreements with land owners for the purpose of

securing better forest fire protection in the fire towns.

13. Make rules and regulations to secure better fire protection within

all or any portion of those areas designated as fire districts under

subdivision 2 of section 9-1109 or defined as fire towns by section

9-1107.

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 necessary to implement

any provision of this chapter, including, but not limited to, paragraph

v of subdivision two of section 3-0301 of this chapter; provided,

however, that nothing contained in this paragraph shall permit the

setting on fire of any land constituting the forest preserve or of any

state land within the Adirondack Park or the Catskill Park for any

purpose other than fire suppression. The department shall promulgate

regulations governing the use of fire which shall include provisions for

notification of, or waiver of notification by, local fire officials;

(d) setting of a permitted fire in or near forest land without all

inflammable material having first been removed for a distance of 3 feet

around the fire;

(e) the dropping, throwing or otherwise scattering of lighted matches,

burning cigars, cigarettes or tobacco on forest land;

(f) the defacing, destruction or removal of any posted notice

containing forest fire warnings, laws or rules and regulations.

2. It shall be unlawful to deposit, and leave in any of the fire

towns, or in any town included in a fire district as defined in

subdivision 2 of section 9-1109 of this title, brush or inflammable

material upon the right of way of highways.

3. No device for generating power which burns wood, coke, lignite or

coal shall be operated in, through or near forest land, unless the

escape of sparks, cinders or coals shall be prevented in such manner as

may be required by the department.

4. In any of the fire towns, or in any town included in a fire

district as defined in subdivision 2 of section 9-1109, brush, logs,

slash or other inflammable material shall not be left or allowed to

remain on land within 25 feet of the right of way of a railroad or

within 20 feet of the right of way of a public highway.

5. It shall be unlawful to set or cause to be set or sustain any open

fire for purpose of burning logs, leaves, sawdust, slabs, brush, stumps,

dry grass or other debris, in any of the fire towns, without first

having obtained from the department a written permit so to do.

6. Prescribed burns. (a) For the purposes of this subdivision, the

term "prescribed burn" shall mean the intentional setting of forest land

on fire, under carefully controlled conditions, in order to manage,

enhance, or restore populations of plants or animal species or natural

communities on such land.

(b) Notwithstanding the provisions of this section or any other

provision of law, the department may authorize a landowner to conduct

prescribed burn activities pursuant to a written prescribed burn

management plan prepared by or for such landowner. The prescribed burn

management plan shall include, but not be limited to, the following

elements:

(i) a discussion of the landowner's training and expertise in

conducting prescribed burn activities;

(ii) a map and narrative description identifying the area or areas on

which prescribed burn activities will be undertaken;

(iii) a description of the ecological purposes and objectives of the

prescribed burn, including an identification of the specific species or

natural communities that are intended to be impacted by the burn;

(iv) a description of the vegetative cover and fuel loads on each area

to be subjected to prescribed burning;

(v) a description of physical parameters, such as time of year, wind

speed and direction, and air temperature and humidity, which must be met

before a prescribed burn is initiated;

(vi) a description of the anticipated intensity and duration of the

prescribed burn given the fuel loads and physical prescriptions

established in subparagraphs (iv) and (v) of this paragraph;

(vii) a description of the logistics of the prescribed burn operation,

number of personnel, and fire management equipment that will be deployed

to assure that the burn is restricted to the area or areas identified

for prescribed burn management;

(viii) a description of fire suppression activities to be immediately

implemented should the prescribed burn threaten to escape, or actually

escape, beyond the boundaries identified for such burn;

(ix) a procedure for notifying appropriate local fire officials and

law enforcement personnel of the actual date, time, and estimated

duration of any prescribed burn;

(x) a procedure for notifying adjacent landowners prior to the

undertaking of a prescribed burn;

(xi) a description of the procedures that will be undertaken to assure

that the prescribed burn is fully extinguished at the conclusion of the

burn.

(c) The department shall promulgate regulations implementing this

subdivision prior to authorizing any landowner to undertake prescribed

burn activities. Such regulations shall include, but not be limited to,

a listing of the necessary elements of the prescribed burn management

plan, and standards for determining whether a request for authorization

to conduct prescribed burn activities should be granted.

(d) The department shall reject any application for authorization to

conduct a prescribed burn pursuant to this subdivision if the department

determines that the landowner has not demonstrated the necessary

expertise to properly implement the prescribed burn plan.

(e) Before granting a landowner authorization to conduct prescribed

burn activities, the department shall give the chief or other official

in charge of the fire department or company within whose territorial

jurisdiction the proposed prescribed burn is located an opportunity to

review and comment on the written prescribed burn management plan.

(f) No burning shall be prescribed under this subdivision within

seventy-five feet of the boundary of a landowner's property without the

written approval of the adjacent landowner. In addition, the department

may prohibit burning in a buffer zone in excess of seventy-five feet

from the boundary of an adjacent property owner if specific conditions

at the site warrant such buffer.

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 county; the towns of

Andes, Colchester, Hancock and Middletown, Delaware county; the towns of

Altamont, Belmont, Brighton, Duane, Franklin, Harrietstown, Santa Clara

and Waverly, Franklin county; the towns of Bleecker, Caroga, Mayfield,

Northampton and Stratford, Fulton county; the towns of Hunter, Jewitt,

Lexington and Windham, Greene county; the towns of Ohio, Russia,

Salisbury and Webb, Herkimer county; the towns of Crogham, Diana, Grieg,

Lyonsdale and Watson, Lewis county; the towns of Forestport and Remsen,

Oneida county; the towns of Corinth, Day, Edinburg and Hadley, Saratoga

county; the towns of Clare, Clifton, Colton, Fine, Hopkinton,

Parishville, Piercefield, Pitcairn, Saint Lawrence county; the towns of

Neversink, Rockland, Sullivan county; the towns of Denning, Gardiner,

Hardinburgh, Olive, Rochester, Shandaken, Shawangunk, Wawarsing and

Woodstock, Ulster county; the towns of Bolton, Chester, Hague, Horicon,

Johnsburgh, Lake George, Luzerne, Queensbury, Stoney Creek, Thurman and

Warrensburgh, Warren county; the towns of Dresden, Fort Ann and Putnam,

Washington County.

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 section 9-1107, maintain an approved fire

protection system, including fire observation stations and other

equipment necessary to prevent and extinguish forest fires.

2. In forest fire districts. The department may establish a forest

fire protective system in such other parts of the state as it may deem

necessary. In such regions the department may maintain an approved fire

protection system, including fire observation stations and other

equipment necessary to prevent and extinguish forest fires.

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 adjacent to a fire town or district.

2. Impressing fire fighting assistance. Any department employee or any

other officer charged by the department with the duty of fire fighting

shall, notwithstanding the provisions of any other law to the contrary

or in conflict herewith, have the power to summon and hire for the

purpose of fighting fires any person who shall have attained sixteen

years of age, and to incur other expenses deemed necessary to the

extinguishment of particular fires.

3. Additional protection by towns in Suffolk county. Any town in the

county of Suffolk may appropriate not exceeding the sum of one thousand

dollars in any one year without the vote of town meeting for the purpose

of purchasing equipment and establishing fire patrols for the prevention

of forest fires within any such town. The patrols and equipment shall be

under the direction and supervision of the town board. Moneys

appropriated pursuant to this subdivision shall be assessed, levied and

collected in the same manner as moneys for other town charges are

assessed, levied and collected.

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 engage in salvaging any

blown down evergreen tree shall cut off or cause to be cut off from the

tree at the time of felling or salvaging the tree, unless otherwise

authorized by the department before the trees are felled or salvaged,

all the limbs thereof up to a point where the trunk of the tree has a

longest diameter which does not exceed three inches, unless the tree be

felled or salvaged for use with the limbs thereon.

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 shall file in the office

of the department on or before April first of each year a complete list

of such patrol indicating the names of the persons, their post-office

address and portion of right of way assigned to each patrolman. If any

changes are subsequently made similar data shall be furnished the

department.

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

properly protected upon any track or railroad right of way on or near

forest land.

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

unless equipped with fire protective devices of ash pan and front end

which have been approved by the department. Such devices shall be

maintained and properly used.

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 not exceeding one hundred thousand dollars in any

fiscal year, for the use of the department in protecting the forests and

extinguishing fires as provided by title 11 of this article upon the

certification of the department that any emergency exists whereby

through insufficiency of appropriations it is found to be impossible to

protect the forests from fire. The Comptroller shall thereupon borrow

such sums as may be directed by the Governor for such purposes and shall

report such transactions to the legislature which shall thereupon

appropriate the moneys borrowed. Section 41 of the State Finance Law

shall not apply to any indebtedness so incurred.

2. Payment of fire bills. All salaries and other expenses incurred by

the department and its employees in protecting the forests from fire

shall be paid by the state.

3. Rebate by counties. The full expense incurred by a town supervisor

acting as superintendent of fires as provided in subdivision twelve of

section twenty-nine of the town law and paid by the town in

extinguishing fires actually burning except salaries and expenses of

regular employees shall be a charge upon the county in which the fire

burned provided that the county has within its borders any fire town or

fire district as provided in subdivision 1 or 2 of section 9-1109 of

this title and provided that no part of the expenses incurred in

extinguishing fires on Indian reservations located in Cattaraugus or

Suffolk county shall be a charge upon or payable by such counties. The

supervisors acting as superintendents of fires shall on or before

September first, of each year, transmit to the clerk of the board of

supervisors or county legislative body of each county in which such

expense of extinguishing fires was incurred, a summary statement of

expenses incurred together with the amount charged against the county,

except that a detailed statement of expenses shall be furnished for any

designated fire or fires when so requested by a county. The clerk shall

thereupon cause the amount due to the town to be included in the budget

and levied upon the taxable property of such county at the same time and

in the same manner as other county charges, and the amount due the town

so levied shall be paid by the County Treasurer, on or before May first

following the levy thereof to the town supervisor according to such

claim.

4. May pay accounts. If any person incurs expenses fighting forest

fires in a fire town, or in a town included in a fire district as

defined in subdivision 2 of section 9-1109, the department may upon the

receipt of satisfactory proof and accounts filed in its offices within

sixty days from the time the expense was incurred audit and pay all or

such portion thereof as in its judgment the public interest requires.

5. Recovery of expenses. Any moneys necessarily expended by the state,

a municipality, or any person in fighting forest fires may be sued for

by the state, municipality or person expending the same and recovered

from the person causing the fire. Such actions may be maintained in

addition to other actions for damages or penalties and may be demanded

in the same or separate actions.

6. Certain towns raise fire fund. Towns other than fire towns may

raise necessary funds for prevention and extinguishment of forest fires

in their towns either by levy or pursuant to the Local Finance Law.

7. Advance by Comptroller. Upon request of the department, the

Comptroller may advance a sum, not to exceed five thousand dollars at

any time, to the department for the purpose of facilitating payment of

fire accounts.

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 the laws of nineteen hundred sixty-three, is hereby continued as

follows:

NORTHEASTERN INTERSTATE FOREST FIRE PROTECTION COMPACT

Article I

The purpose of this compact is to promote effective prevention and

control of forest fires in the northeastern region of the United States

and adjacent areas in Canada by the development of integrated forest

fire plans, by the maintenance of adequate forest fire fighting services

by the member states, by providing for mutual aid in fighting forest

fires among the states of the region and for procedures that will

facilitate such aid, and by the establishment of a central agency to

coordinate the services of member states and perform such common

services as member states may deem desirable.

Article II

This agreement shall become operative immediately as to those states

ratifying it whenever any two or more of the states of Maine, New

Hampshire, Vermont, Rhode Island, Connecticut, New York and the

Commonwealth of Massachusetts have ratified it and the congress has

given its consent. Any state not mentioned in this article which is

contiguous with any member state may become a party to this compact.

Subject to the consent of the congress of the United States, any

province of the Dominion of Canada which is contiguous with any member

state may become a party to this compact by taking such action as its

laws and the laws of the Dominion of Canada may prescribe for

ratification. In this event, the term "state" in this compact shall

include within its meaning the term "province" and the procedures

prescribed shall be applied in the instance of such provinces, in

accordance with the forms and practices of the Canadian government.

Article III

Each state joining herein shall appoint three representatives to a

commission hereby designated as the Northeastern Forest Fire Protection

Commission. One shall be the state forester or officer holding an

equivalent position in such state who is responsible for forest fire

control. The second shall be a member of the legislature of such state

designated by the commission or committee on interstate cooperation of

such state, or if there be none, or if said commission on interstate

cooperation cannot constitutionally designate the said member, such

legislator shall be designated by the governor thereof; provided that if

it is constitutionally impossible to appoint a legislator as a

commissioner from such state, the second member shall be appointed by

the governor of said state in his discretion. The third member shall be

a person designated by the governor as the responsible representative of

the governor. In the event that any province of the Dominion of Canada

shall become a member of this commission, it shall designate three

members who will approximate this pattern of representation to the

extent possible under the law and practices of such province. This

commission shall be a body corporate with the powers and duties set

forth herein.

Article IV

It shall be the duty of the commission to make inquiry and ascertain

from time to time such methods, practices, circumstances and conditions

as may be disclosed for bringing about the prevention and control of

forest fires in the area comprising the member states, to coordinate the

forest fire plans and the work of the appropriate agencies of the member

states and to facilitate the rendering of aid by the member states to

each other in fighting forest fires.

The commission shall formulate and, in accordance with need, from time

to time, revise a regional forest fire plan for the entire region

covered by the compact which shall serve as a common forest fire plan

for that area.

The commission shall, more than one month prior to any regular meeting

of the legislature in any signatory state, present to the governor and

to the legislature of the state its recommendations relating to

enactments to be made by the legislature of that state in furthering the

interests and purposes of this compact.

The commission shall consult with and advise the appropriate

administrative agencies of the states party hereto with regard to

problems connected with the prevention and control of forest fires and

recommend the adoption of such regulations as it deems advisable.

The commission shall have power to recommend to the signatory states

any and all measures that will effectuate the prevention and control of

forest fires.

Article V

Any two or more member states may designate the Northeastern Forest

Fire Protection Commission as a joint agency to maintain such common

services as those states deem desirable for the prevention and control

of forest fires. Except in those cases where all member states join in

such designation for common services, the representatives of any group

of such designating states in the Northeastern Forest Fire Protection

Commission shall constitute a separate section of such commission for

the performance of the common service or services so designated provided

that, if any additional expense is involved, the states so acting shall

appropriate the necessary funds for this purpose. The creation of such a

section as a joint agency shall not affect the privileges, powers,

responsibilities or duties of the states participating therein as

embodied in the other articles of this compact.

Article VI

The commission may request the United States forest service to act as

the primary research and coordinating agency of the Northeastern Forest

Fire Protection Commission, in cooperation with the appropriate agencies

in each state and the United States forest service may accept the intial

responsibility in preparing and presenting to the commission its

recommendations with respect to the regional fire plan. Representatives

of the United States forest service may attend meetings of the

commission and of groups of member states.

Article VII

The commission shall annually elect from its members a chairman and a

vice-chairman. The commission shall appoint such officers or employees

as may be required to carry the provisions of this compact into effect,

shall fix and determine their duties, qualifications and compensation,

and may at its pleasure, remove or discharge any such officer or

employee. The commission shall adopt rules and regulations for the

conduct of its business. It may establish and maintain one or more

offices for the transaction of its business and may meet at any time or

place but must meet at least once a year.

A majority of the members of the commission representing a majority of

the signatory states shall constitute a quorum for the transaction of

its general business, but no action of the commission imposing any

obligation on any signatory state shall be binding unless a majority of

the members from such signatory state shall have voted in favor thereof.

For the purpose of conducting its general business, voting shall be by

state units.

The representatives of any two or more member states, upon notice to

the chairman as to the time and purpose of the meeting, may meet as a

section for the discussion of problems common to those states.

Sections established by groups of member states shall have the same

powers with respect to officers, employees and the maintenance of

offices as are granted by this article to the commission. Sections may

adopt such rules, regulations and procedures as may be necessary for the

conduct of their business.

Article VIII

It shall be the duty of each member state to formulate and put in

effect a forest fire plan for that state and to take such measures as

may be recommended by the commission to integrate such forest fire plan

with the regional forest fire plan.

Whenever the state forest fire control agency of a member state

requests aid from the state forest fire control agency of any other

member state in combatting, controlling or preventing forest fires, it

shall be the duty of the state forest fire control agency of that state

to render all possible aid to the requesting agency which is consonant

with the maintenance of protection at home.

Each signatory state agrees to render aid to the forest service or

other agencies of the government of the United States in combatting,

controlling or preventing forest fires in areas under their jurisdiction

located within the member state or a contiguous member state.

Article IX

Whenever the forces of any member state are rendering outside aid

pursuant to the request of another member state under this compact, the

employees of such state shall, under the direction of the officers of

the state to which they are rendering aid, have the same powers (except

the power of arrest), duties, rights, privileges and immunities as

comparable employees of the state to which they are rendering aid.

No member state or its officers or employees rendering outside aid

pursuant to this compact shall be liable on account of any act or

omission on the part of such forces while so engaged, or on account of

the maintenance or use of any equipment or supplies in connection

therewith.

All liability that may arise either under the laws of the requesting

state or under the laws of the aiding state or under the laws of a third

state on account of or in connection with a request for aid, shall be

assumed and borne by the requesting state.

Any member state rendering outside aid pursuant to this compact shall

be reimbursed by the member state receiving such aid for any loss or

damage to, or expense incurred in the operation of any equipment

answering a request for aid, and for the cost of all materials,

transportation, wages, salaries, and maintenance of employees and

equipment incurred in connection with such request. Provided, that

nothing herein contained shall prevent any assisting member state from

assuming such loss, damage, expense or other cost or from loaning such

equipment or from donating such services to the receiving member state

without charge or cost.

Each member state shall provide for the payment of compensation and

death benefits to injured employees and the representatives of deceased

employees in case employees sustain injuries or are killed while

rendering outside aid pursuant to this compact, in the same manner and

on the same terms as if the injury or death were sustained within such

state.

For the purposes of this compact the term employee shall include any

volunteer or auxiliary legally included within the forest fire fighting

forces of the aiding state under the laws thereof.

The commission shall formulate procedures for claims and reimbursement

under the provisions of this article.

Aid by a member state to an area subject to federal jurisdiction

beyond the borders of such state shall not be required under this

compact unless substantially the same provisions of this article

relative to powers, liabilities, losses and expenses in connection with

such aid are embodied in federal laws.

Article IX-A

The provisions of article IX of this compact which relate to mutual

aid in combating, controlling or preventing forest fires shall be

operative as between any member state and any other state which is party

to a regional forest fire protection compact in another region; provided

that the legislature of such other state shall have given its consent to

such mutual aid provisions of this compact.

Article X

When appropriations for the support of this commission or for the

support of common services maintained by the commission or a section

thereof under the provisions of article V are necessary, the commission

or section thereof shall allocate the costs among the states affected

with consideration of the amounts of forested land in those states that

will receive protection from the service to be rendered and the extent

of the forest fire problem involved in each state, and shall submit its

recommendations accordingly to the legislatures of the affected states.

The commission shall submit to the governor of each state, at such

time as he may request, a budget of its estimated expenditures for such

period as may be required by the laws of such state for presentation to

the legislature thereof.

The commission shall keep accurate books of account, showing in full

its receipts and disbursements, and said books of account shall be open

at any reasonable time to the inspection of such representatives of the

respective signatory states as may be duly constituted for that purpose.

On or before the first day of December of each year, the commission

shall submit to the respective governors of the signatory states a full

and complete report of its activities for the preceding year.

Article XI

The representatives from any member state may appoint and consult with

an advisory committee composed of persons interested in forest fire

protection.

The commission may appoint and consult with an advisory committee of

representatives of all affected groups, private and governmental.

Article XII

The commission may accept any and all donations, gifts and grants of

money, equipment, supplies, materials and services from the federal or

any local government, or any agency thereof and from any person, firm or

corporation, for any of its purposes and functions under this compact,

and may receive and utilize the same subject to the terms, conditions

and regulations governing such donations, gifts and grants.

Article XIII

Nothing in this compact shall be construed to authorize or permit any

member state to curtail or diminish its forest fire fighting forces,

equipment, services or facilities, and it shall be the duty and

responsibility of each member state to maintain adequate forest fire

fighting forces and equipment to meet normal demands for forest fire

protection within its borders.

Nothing in this compact shall be construed to limit or restrict the

powers of any state ratifying the same to provide for the prevention,

control and extinguishment of forest fires, or to prohibit the enactment

or enforcement of state laws, rules or regulations intended to aid in

such prevention, control and extinguishment in such state.

Nothing in this compact shall be construed to affect any existing or

future cooperative relationship or arrangement between the United States

forest service and a member state or states.

Article XIV

1. This compact shall continue in force and remain binding on each

state ratifying it until the legislature or the governor of such state

takes action to withdraw therefrom. Such action shall not be effective

until six months after notice thereof has been sent by the chief

executive of the state desiring to withdraw to the chief executive of

all states then parties to the compact.

2. The original notice of ratification received from the governor or

other duly authorized official of any state or province joining in the

compact shall be filed with the official copy of the compact in the

office of the secretary of state of this state, and such notice, if any,

as may be received from the president or the congress of the United

States, signifying the consent of the congress to the compact, shall be

filed in the same manner.

3. Pursuant to article three of the compact the three representatives

of this state on the Northeastern Forest Fire Protection Commission,

hereinafter called commissioners, shall be: an officer of the Department

of Environmental Conservation designated by the Commissioner of

Environmental Conservation; a member of the legislature who is also a

member of the joint legislative committee on interstate cooperation, who

shall be designated by said committee; and a citizen of the state

designated by the Governor as his responsible representative to serve at

the pleasure of the Governor. The commissioners shall have, exercise and

perform, on behalf of the state of New York, all of the powers and

duties conferred and imposed by the compact upon members of the

Northeastern Forest Fire Protection Commission. They shall serve as such

commissioners without compensation, but shall be reimbursed for their

expenses, including travel and other expenses both within and without

the state, actually and necessarily incurred by them in the performance

of their duties under this section and such compact. Such expenses shall

be payable on the audit and warrant of the Comptroller, on vouchers

certified or approved by the Commissioner of Environmental Conservation

in the manner prescribed by law, out of any moneys appropriated or

available therefor to the Department of Environmental Conservation. The

commissioners serving on the effective date of this section shall

continue in office until their successors have qualified, or until

otherwise ceasing to be commissioners pursuant to law.

4. The Comptroller of the state of New York is hereby authorized and

empowered to examine from time to time the accounts and books of the

commission, including its receipts, disbursements and such other items

referring to its financial condition as he may deem proper and to report

the results of such examinations to the Governor of this state.

5. a. The Northeastern Forest Fire Protection Commission shall submit

annually, in accordance with the laws and practices of this state, to

the Governor for study and consideration by him, an estimate of moneys

required to administer, manage and support the commission. Such estimate

shall include any request for appropriation of funds by New York and

shall be accompanied by a tabulation of similar requests which the

commission expects to make to each other member state and the formula or

factors upon which such respective requests are based.

b. The Commissioner of Environmental Conservation shall be afforded an

opportunity to comment on any budget request by the commission, and the

commission shall be furnished with a copy of any such comments.

6. No provision of the Conservation Law and no provision of the

Environmental Conservation Law, if such provision of the Environmental

Conservation Law was derived from a provision of the Conservation Law,

which is inconsistent with the provisions of the Northeastern Interstate

Forest Fire Protection Compact shall be applicable to the commission or

to any matter governed by the Northeastern Interstate Forest Fire

Protection Compact.

7. On August 15, 1964 and at intervals of four years thereafter, the

Commissioner of Environmental Conservation shall evaluate the role of

the commission with respect to forest fire protection in New York and

shall report to the commission thereon. The Commissioner of

Environmental Conservation shall transmit a copy of such report to the

Governor. The Commissioner of Environmental Conservation may make such

additional reports to the commission and the Governor as he deems

appropriate.

8. If any part or provision of this section or of the compact

contained herein shall be adjudged unconstitutional by a court of

competent jurisdiction, all other parts of this section or of such

compact, as the case may be, shall nevertheless continue in full force

and effect. If it shall be adjudged by a court of competent jurisdiction

that any commissioner appointed pursuant to subdivision three of this

article is disqualified from serving or is ineligible to serve as such

commissioner for any reason or cause, such commissioner shall not

thereby forfeit any other public office then held by him or any of the

emoluments thereof and the vacancy on the commission thereby created

shall be filled by the Governor by the appointment of a citizen and

resident of this state not subject to such disqualification or

ineligibility.

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 otherwise provided for by this section, the planting, growing,

propagating, cultivating, or selling plants, roots, or cuttings of any

species of cultivated black currants (Ribes nigrum) other than cultivars

that are immune or resistant to white pine blister rust or currant rust

is hereby prohibited in this state; provided, however, that the

planting, growing, propagating, cultivating, or selling plants, roots or

cuttings of any species of cultivated black currants is authorized in

all fruiting currant districts or potentially fruiting currant

districts. Such unauthorized bushes, roots, cuttings, or plants may be

destroyed by the agents of the department.

2. Fruiting currant districts and potential fruiting currant districts

defined. Districts where the growing of all species of currants,

including black currants, for the production of fruit is carried on and

is a commercial enterprise or a potentially important commercial

enterprise shall be determined and designated as "fruiting currant

districts" or "potential fruiting currant districts", and in such

districts the provisions of subdivision three of this section shall

apply. The location and extent of such districts shall be determined by

the department and the state department of agriculture and markets.

3. No measures for the control of white pine blister rust shall be

undertaken by the department within the boundaries of designated

fruiting currant districts or potential fruiting currant districts.

4. Control measures outside of fruiting currant districts or potential

fruiting currant districts. Whenever such action is desirable as a means

of controlling white pine blister rust or currant rust, the department

or its duly authorized agents may eradicate any unauthorized plants of

the genus Ribes (currants and gooseberries), either wild or cultivated,

except within nurseries which are annually certified by the state

department of agriculture and markets to be free from disease. Owners

shall remove from their lands, subject to the direction and the approval

of the duly authorized agents of the department, the plants of the genus

Ribes within a distance of not more than 900 feet of the white pine on

the land of adjoining owners who have protected their white pine from

white pine blister rust. If any owner, upon not less than thirty days'

notice in writing, fails to destroy unauthorized Ribes on his or her

property as provided in this subdivision, the commissioner may cause

such plants to be destroyed, and the expense of such work shall be a

charge against the owner, which shall constitute a lien upon the land.

5. Quarantine regulations. The department shall have the authority, by

order, to establish quarantine districts in any part or parts of the

state. In such districts, it may prohibit the possession of any

five-leafed pine trees or plants of the genus Ribes (currants and

gooseberries), or so much thereof as is deemed necessary. It may also

prohibit the transportation of any plants, roots, or cuttings of the

genus Ribes (currants and gooseberries) from or to any quarantine

district within the state, or from any diseased area or locality in

which the disease exists outside of the state to any point within the

state. Such prohibitions shall be effective on and after the tenth day

from the date of the order made with respect thereto. On the making of

such order, the department shall cause a certified copy of the same to

be filed in the office of the clerk of each county affected by such

quarantine and shall give such other notice thereof as it may deem

necessary. The provisions of this subdivision shall not apply to

undiseased cultivated plants or to the fruit of diseased plants of the

genus Ribes (currants and gooseberries) included within fruiting currant

districts or potential fruiting currant districts or to the merchantable

contents of any pine trees; provided that any diseased part thereof is

first destroyed.

6. Diseased trees or plants defined. A plant of the genus Ribes which

is visibly infected by Cronartium ribicola or any five-leafed pines upon

which white pine blister rust has been found growing shall be construed

to be and be, within the meaning of this section only, a diseased plant,

and, as such, may be destroyed without compensation under the provisions

of this section.

7. Authority to eradicate and compensation. Agents or employees of the

department may enter upon any land to carry out the provisions of this

section if proper precautionary measures are taken by them to prevent

the spread of this disease, and no action for trespass shall lie

therefor. Fair compensation shall be allowed for all undiseased trees or

undiseased cultivated Ribes destroyed, except for prohibited varieties

of cultivated black currants (Ribes nigrum) located outside of a

fruiting currant district or potential fruiting currant district. No

compensation shall be paid by the state for any species of Ribes

destroyed in connection with the establishment of a Ribes-free zone

around commercial nurseries, but fair compensation for such Ribes must

be paid by the person owning or operating the nursery protected by such

destruction of bushes. The rate of fair compensation shall be determined

by the commissioner of agriculture and markets or a committee appointed

by him or her. If the commissioner of agriculture and markets determines

to appoint a committee for the purpose of making such determination,

such committee shall be appointed prior to May 1 in each year.

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 department may enter into cooperative agreements with any other

state, the federal government, any foreign government, any municipal

subdivision of New York state or private individuals in order to obtain

proper working agreements.

2. The department may accept and expend gifts of money for control and

prevention work.

3. The department may conduct necessary investigations for the purpose

of discovering better methods of control or prevention of spread of

forest insects and forest tree diseases either within or without the

state.

4. Duly authorized agents of the department may enter upon any lands

for the purpose of determining if such property is infested with forest

insects or forest tree diseases, and the extent of such infestation.

5. The department shall have the authority by order to establish

quarantine districts in any part or parts of the state, and to prohibit

the movement of materials which may be harboring forest insects or

forest tree diseases in any of their different forms. On the making of

such an order, the department shall cause a certified copy of the same

to be filed in the office of the clerk of each county, affected by such

quarantine, and shall give such other notice thereof as it may deem

necessary. Such order shall be effective on and after the tenth day from

the filing thereof.

6. The department shall have discretionary authority to poison forest

areas in or near sections infested by insect pests or forest tree

diseases.

7. The department may take steps to establish barrier or protective

zones for the purpose of preventing the spread of forest insect and

disease pests, and in so doing shall have the authority and right to

enter upon private lands for this purpose, and thereon make such

modifications in the composition of the forest growth as it may deem

necessary. In such barrier or protective zones trees or other vegetation

may be sprayed, cut, destroyed, or otherwise treated when in the

judgment of the department, the same may be necessary, but the owner of

the property shall be entitled to a just compensation for damage done

through the acts of such agents, except that no compensation shall be

paid for the destruction of infested trees.

8. The department shall have power to ascertain the amount of damage

done upon lands of private owners by the acts of the agents of the

department in establishing and maintaining barrier zones, by having an

agent of the department appraise the same. If the owner is not satisfied

with the amount of damage as fixed by such appraisal, he may, within six

months after service upon him of a copy of such appraisal, take an

appeal therefrom to the Court of Claims, which court is hereby

authorized to pass upon the questions involved and determine the amount

due such owner.

9. The department may by order make rules and regulations governing

any and all operations designed for the purpose of preventing the spread

of or for the purpose of controlling forest insects and forest tree

diseases, their pupae, eggs and caterpillars, and plants or trees

infested by them, all of which are hereby declared a public nuisance.

Such rules and regulations shall become effective in any county on and

after the tenth day from the filing of a certified copy in the office of

the clerk of that county.

10. No action for trespass shall lie on account of entry on private

lands by an agent of the department for the exercise of any power

authorized by this section.

11. No person shall wilfully resist or obstruct the work of any agents

duly employed by the department, engaged in the suppression of forest

insects or forest tree diseases.

12. The department shall have the authority to incur expenses in

connection with the training of persons at points outside of the state

of New York, if the same is deemed by it necessary.

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 duties, or police officer may

enforce the provisions of this section.

Removal of protected plants.

1. For the purposes of this section, "plants" shall mean species of

native shrubs, trees, herbs, ferns, fern-allies and wild flowers;

"endangered species" shall mean those species of plants in danger of

extinction throughout all or a significant portion of their ranges

within the state, and requiring remedial action to prevent such

extinction; "threatened species" shall mean those species of plants that

are likely to become endangered within the foreseeable future throughout

all or a significant portion of their ranges within the state; "rare

species" shall mean those species of plants that have small populations

within their ranges in the state, and "exploitably vulnerable species"

shall mean those species of plants that are likely to become threatened

in the near future throughout all or a significant portion of their

ranges within the state if causal factors continue unchecked.

2. The department may, by rule and regulation, promulgate and adopt a

list or lists of protected plants which by reason of their endangered,

rare, threatened or exploitably vulnerable status should not be picked

or removed from their natural habitat. In promulgating and adopting such

list or lists the department shall consult with and cooperate with the

departments of agriculture and markets and education and other affected

public or private organizations. Plants included in such list or lists

may be so included for purposes of the entire state or portions thereof.

Such list or lists may be modified in whole or in part through the

institution of a permit or waiver-issuing procedure.

3. No person shall, in any area designated by such list or lists,

knowingly pick, pluck, sever, remove, damage by the application of

herbicides or defoliants or carry away, without the consent of the owner

thereof, any protected plant. An offense under this section shall be a

violation, punishable by a fine of not to exceed twenty-five dollars.

4. The department is authorized to regulate the harvesting,

collection, sale, and exportation of American ginseng (Panax

quinquefolius) plants, roots and cuttings. The department is further

authorized to promulgate rules and regulations to implement the

authority conferred herein.

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 legislature additionally finds that

invasive species are having a detrimental effect upon the state's fresh

and tidal wetlands, water bodies and waterways, forests, agricultural

lands, meadows and grasslands, and other natural communities and systems

by out-competing native species, diminishing biological diversity,

altering community structure and, in some cases, changing ecosystem

processes. Moreover, the legislature recognizes that the ecological

integrity of an increasing number of publicly and privately-owned parks

and preserves is being adversely affected by invasive plants and

animals, challenging the ability of land management agencies to

effectively manage these sites. The legislature further recognizes that

nearly half (forty-six percent; fifty-seven percent of the plants,

thirty-nine percent of the animals) of the species on the federal list

of endangered species are declining, at least in part, due to invasive

species. The legislature additionally finds that invasive species have

an adverse impact on the New York state economy. Particularly affected

by these species are the water supply, agricultural, and recreational

sectors of the state economy. The economic impact to the national

economy has been estimated to be as high as one hundred thirty-seven

billion dollars annually.

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. "Control" means, as appropriate, eradicating, suppressing,

reducing, or managing invasive species populations, preventing spread of

invasive species from areas where they are present, and taking steps

such as restoration of native species and habitats to reduce the effects

of invasive species and to prevent further invasions.

4. "Ecosystem" means the complex of a community of organisms and its

environment.

5. "Introduction" means the intentional or unintentional escape,

release, dissemination, or placement of a species into an ecosystem as a

result of human activity.

6. "Native species" means, with respect to a particular ecosystem, a

species that, other than as a result of an introduction, historically

occurred or currently occurs in that ecosystem.

7. "Species" means a group of organisms all of which have a high

degree of physical and genetic similarity, generally interbreed only

among themselves, and show persistent differences from members of allied

groups of organisms.

8. "Plan" means the plan developed pursuant to section 9-1705 of this

title.

9. "GIS" means geographic information system.

10. "Invasive species" means a species that is:

(a) nonnative to the ecosystem under consideration; and

(b) whose introduction causes or is likely to cause economic or

environmental harm or harm to human health. For the purposes of this

paragraph, the harm must significantly outweigh any benefits.

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, recreation and historic preservation, education,

the secretary of state, the chairperson of the New York state thruway

authority, the director of the New York state canal corporation, and the

chairperson of the Adirondack Park agency, or a designee of such

department, agency or public authority.

2. The commissioner of agriculture and markets and the commissioner or

their designees shall serve as joint chairs of the council.

3. The council shall meet at least quarterly and shall regularly

consult with the advisory committee.

4. The council may consult with any organization, educational

institution, or governmental agency, including, but not limited to, the

United States Department of Agriculture, the United States Coast Guard,

the port authority of New York and New Jersey, the National Invasive

Species Council and the New York Ocean and Great Lakes Ecosystem

Conservation Council.

5. The role of the council includes, but is not limited to:

(a) from time to time assessing the nature, scope and magnitude of the

environmental, ecological, agricultural, economic, recreational, and

social impacts caused by invasive species in the state;

(b) from time to time identifying actions taken by members of the

council, state and local governments and the public to: prevent the

introduction of invasive species; detect and respond rapidly to and

control populations of invasive species in a cost-effective and

environmentally sound manner; monitor invasive species populations

accurately and reliably; provide for restoration of native species and

habitat conditions in ecosystems that have been invaded; conduct

research on invasive species and develop technologies to prevent

introduction; provide for environmentally sound control of invasive

species; promote public education on invasive species; and the means to

address invasive species;

(c) the development of a "comprehensive plan for invasive species

management". Such plan shall address all taxa of invasive species. The

comprehensive plan should, at a minimum: recommend interagency

responsibilities; describe coordination among different agencies and

organizations; recommend approaches to funding invasive species work;

address prevention, early detection and rapid response; identify

opportunities for control and restoration, including research needs; and

describe effective outreach and education. Such plan shall recommend

responsibilities for different agencies with the goal of reducing or

eliminating, where practicable, contradictory or conflicting policies or

programs. Such plan should identify needs for additional staff positions

at state agencies and recommend New York state or federal legislation or

regulation. Such plan shall place an emphasis on both prevention and

early detection and rapid response to prevent future damage. Such plan

shall evaluate and incorporate, as appropriate: the approved New York

State Aquatic Nuisance Species Management Plan; the Lake Champlain Basin

Aquatic Nuisance Species Management Plan; and the Adirondack Park

Aquatic Nuisance Species Management Plan;

(d) providing input on funding priorities and grant applications

regarding monies made available for the implementation of this title and

grants for projects related to the control and management of invasive

species, education and outreach efforts, and for projects aimed at the

early detection and prevention of invasive species;

(e) organizing and convening a biennial invasive species summit to

focus and maintain attention on the state's comprehensive invasive

species program;

(f) encouraging industries and trade organizations to develop and

adopt voluntary codes of conduct designed to reduce or eliminate the use

and distribution of invasive species, reviewing such voluntary codes of

conduct and officially recognizing approved codes;

(g) supporting within available funds and encouraging Partnerships for

Regional Invasive Species Management in their efforts to address

invasive species through coordination, recruitment and training of

volunteers, education, early detection, rapid response, eradication,

research, and planning;

(h) submitting to the legislature and the governor prior to January

first, two thousand ten a report, produced in consultation with the

advisory committee, recommending a four-tier system for nonnative animal

and plant species. The system shall contain: (i) a list of prohibited

species, which should be unlawful to possess, import, purchase,

transport, or introduce except under a permit for disposal, control,

research, or education; (ii) a list of regulated species which should be

legal to possess, sell, buy, and transport but not be introduced into a

free-living state; (iii) a list of unregulated species which are

nonnative species that should not be subject to regulation; and (iv) a

procedure for the review of a nonnative species that is not on the

prohibited, regulated, or unregulated lists before the use, distribution

or release of such nonnative species. Nothing contained in the report

shall have the force of law. The council shall recommend legislation

regarding the four-tier system, including penalties for violations of

the four-tier system; and

(i) developing recommendations on statutory actions to prohibit,

manage and control invasive species.

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 four-tier classification system for nonnative animal

and plant species.

2. The commissioner and the commissioner of agriculture and markets

shall select up to twenty-five at-large members with at least one member

from each of the following: New York biodiversity research institute,

New York state's land grant university, New York sea grant, a statewide

organization formed to address invasive species, a statewide land

conservation organization, a statewide agricultural organization, a

nursery business, a boating organization, the darrin freshwater

institute, the soil and water conservation districts, the natural

heritage program, a New York state forestry school, a lake association,

the New York city department of environmental protection, and a

statewide local government organization.

3. The members of the advisory council shall serve without

compensation, except members shall be allowed their necessary and actual

expenses incurred in the performance of their duties under this section.

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 this section. The department and the department of

agriculture and markets in consultation with the council, shall, after

public hearing, promulgate joint regulations to develop:

(a) a permit for prohibited species disposal, control, research and

education;

(b) a list of prohibited species, which shall be unlawful to knowingly

possess with the intent to sell, import, purchase, transport or

introduce;

(c) a list of prohibited species which shall be unlawful to import,

sell, purchase, propagate, transport, or introduce except under a permit

for disposal, control, research, or education; and

(d) a list of regulated species which shall be legal to possess, sell,

buy, propagate and transport but may not be knowingly introduced into a

free-living state or introduced by a means that one knew or should have

known would lead to the introduction into a free-living state.

As part of the regulatory process, the departments and the council

shall consider establishing grace periods for prohibited and regulated

species so businesses can plan the management of existing stock.

2. For the purpose of carrying out the provisions of this title, the

department in cooperation with the department of agriculture and markets

shall have the authority, within funds available, to:

(a) establish, operate and maintain state-wide databases and

clearinghouses for all taxa of invasive species that incorporate

existing data from agencies and organizations in the state, as well as

from nearby states, provinces, Canada, and the federal government. Such

databases and clearinghouses may provide the aggregate data on-line in a

GIS;

(b) coordinate state agency and public authority actions to do the

following:

(i) phasing out uses of invasive species;

(ii) expanding use of native species;

(iii) promoting private and local government use of native species as

alternatives to invasive species; and

(iv) wherever practical and where consistent with watershed and/or

regional invasive species management plans, prohibiting and actively

eliminating invasive species at project sites funded or regulated by the

state; and

(c) in collaboration with the council, aid in the review and reform of

relevant regulatory processes to remove unnecessary impediments to the

restoration of invaded ecosystems.

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 mean to place a watercraft or floating dock into a

public waterbody or any inlet or outlet to such waterbody for any

purpose, including by trailer or other device or carrying by hand a

watercraft into the waterbody.

2. No person shall launch a watercraft or floating dock unless it can

be demonstrated that reasonable precautions such as removal of any

visible plant or animal matter, washing, draining or drying as defined

by the department pursuant to rules and regulations, have been taken.

3. The department may create and maintain a self-issuing certification

designed for a person to demonstrate that reasonable precautions have

been taken prior to launching a watercraft.

4. The department shall conduct education and outreach efforts

including, but not limited to the following:

(a) establish and maintain a public website for the dissemination of

educational materials to promote cleaning, draining and drying of

watercrafts;

(b) develop and distribute educational materials including, but not

limited to, the most effective methods to prevent the spread of aquatic

invasive species, and the potential for live wells and other interior

water compartments to carry all stages of aquatic invasive species

including those that are small-bodied and microscopic; and

(c) include boat washing education in approved boating safety courses.

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 limited to

locations adjacent to or near waters; and at state-owned facilities to

provide compliance with the requirements of section 9-1710 of this

title.

2. When an aquatic invasive species inspection station adjacent to a

public waterbody is open for operation, owners or operators of motorized

watercraft who are not in possession of either a self-issuing

certification or an inspection or decontamination certificate from an

aquatic invasive species inspection station, issued since the last

operation of such watercraft in a waterbody, shall obtain such

certification or certificate before entering the public waterbody to

ensure compliance with section 9-1710 of this title. The department

shall maintain on their website a list of such stations and their

operating hours in order to assist motorized watercraft owners and

operators in locating stations where they can inspect and clean their

watercraft.

3. The department or other entity designated by the department may

issue an inspection or decontamination certificate to the owner or

person in possession of a motorized watercraft that has been inspected.

Such certificate shall include the following details: (a) the name of

the department or program that conducted the inspection; (b) the date,

place, and time of inspection; and (c) any preventative measures

performed.

4. If the department or designated entity issues an inspection or

decontamination certificate to the owner or person in possession of the

motorized watercraft, the department or designated entity may attach a

tamperproof tag to the motorized watercraft to certify such motorized

watercraft arriving at a boat launch with unbroken tags could launch

without an additional inspection. Such tag may only be removed prior to

a launch.

5. The department may recognize an inspection or decontamination

certificate issued by another governmental entity, if the other

governmental entity adheres to the minimum standards for inspection and

decontamination as determined by the department, including but not

limited to recognized uniform standards.

6. Annually the department will review all data collected at aquatic

invasive species inspection stations, including any data from designated

entities, to identify practical improvements to reduce the potential

spread of aquatic invasive species.

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 parties have occupied and improved a

number of such parcels to which the state claims title and, in many

cases, both the state and private parties have paid taxes on such

parcels. In the last several decades, the state and some private parties

have commenced litigation, at significant expense and with limited

success, to establish their respective claims over disputed parcels. As

a result of longstanding claims to disputed parcels, the free transfer

of the parcels has been inhibited, thereby creating economic and social

hardship in township forty which, in turn, has prevented both state and

private parties from the full use and enjoyment of the parcels. The

legislature has determined that the judicial system is not an

appropriate forum to resolve these longstanding title disputes and that

a statutory solution is required.

2. For these reasons and as authorized by the provisions of section

one of article fourteen of the state constitution, the legislature finds

that it is in the public interest to comprehensively and expeditiously

resolve these longstanding title disputes in a manner which is fair and

equitable. The legislature finds that it is in the best interests of the

state, the county of Hamilton, the town of Long Lake, and the private

parties who claim title to portions of township forty to resolve these

title disputes in a structured and efficient manner that results in

clarification of ownership interests, enhancement of public access to

forest preserve lands, and the quiet enjoyment of private property.

3. The legislature further finds that resolution of these title

disputes shall be accomplished in a manner that ensures the integrity of

the forest preserve in the Adirondack park and that results in a net

benefit to the forest preserve when compared to the contested parcels.

4. The legislature further finds that the title disputes associated

with township forty constitute a unique situation, found nowhere else in

the state, and that consequently it is equitable and appropriate for the

state to relinquish its claim of title to disputed parcels within the

township. This relinquishment of claims to title shall not be deemed to

set precedent for the relinquishment of claims to title with respect to

other lands owned by the state.

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" means any individual, firm, partnership, association,

trust, limited liability company or corporation that claims title to a

disputed parcel.

4. "Town" means the town of Long Lake, in the county of Hamilton.

5. "Township forty" means township forty, Totten and Crossfield

Purchase.

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 are the subject of the provisions of this

title:

37.016-1-1.100

37.016-1-1.210

37.016-1-1.220

37.016-1-2

37.016-1-3

37.016-1-4.110

37.016-1-4.120

37.016-1-4.131

37.016-1-4.132

37.016-1-4.140

37.016-1-4.150

37.016-1-4.160

37.016-1-4.200

37.016-1-4.300

37.016-1-5

37.016-1-6

37.016-1-8.100

37.016-1-10

37.018-1-1

44.000-1-18

44.000-1-19

44.000-1-20

44.000-1-22

44.000-1-26.100

44.000-1-26.111

44.000-1-26.112

44.000-1-26.121

44.000-1-27.112

44.000-1-27.113

44.000-1-27.120

44.000-1-27.211

44.000-1-27.212

44.000-1-27.220

44.000-1-28

44.000-1-3

44.000-1-4.111

44.000-1-4.121

44.000-1-4.200

44.000-1-8

44.000-1-9

44.000-1-10

44.000-1-11

44.000-2-32.100

44.000-2-33.100

44.000-3-1

44.000-3-10

44.000-3-11

44.000-3-12

44.000-3-13

44.000-3-14

44.000-3-15

44.000-3-16

44.000-3-17

44.000-3-2.100

44.000-3-2.200

44.000-3-3

44.000-3-4

44.000-3-5

44.000-3-6

44.000-3-7

44.000-3-8

44.000-3-9.100

44.000-4-1.100

44.000-4-1.200

44.000-4-1.300

44.014-1-10

44.014-1-11.100

44.014-1-12

44.014-1-13

44.014-1-2

44.014-1-3.100

44.014-1-3.200

44.014-1-4.200

44.014-1-5

44.014-1-6

44.014-1-7

44.014-1-8

44.014-1-9

44.014-2-1

44.015-1-1

44.015-1-2

44.015-1-3

44.015-1-4

44.015-1-5

44.015-1-6

44.015-1-7

44.015-1-8

44.015-1-9

44.018-1-1.110

44.018-1-10

44.018-1-11

44.018-1-12

44.018-1-13

44.018-1-14

44.018-1-15

44.018-1-17

44.018-1-18

44.018-1-19

44.018-1-2

44.018-1-20

44.018-1-21

44.018-1-22.111

44.018-1-22.112

44.018-1-22.114

44.018-1-22.115

44.018-1-22.116

44.018-1-22.120

44.018-1-22.200

44.018-1-23.111

44.018-1-23.112

44.018-1-23.120

44.018-1-23.130

44.018-1-23.200

44.018-1-23.311

44.018-1-23.312

44.018-1-23.320

44.018-1-27.110

44.018-1-27.200

44.018-1-28.100

44.018-1-3

44.018-1-4

44.018-1-5

44.018-1-6.100

44.018-1-8.100

44.018-1-8.200

44.018-1-8.300

44.018-1-9

44.018-3-1

44.018-3-2

44.018-3-2.100

52.006-1-13

52.006-1-18

52.006-1-19.100

52.006-1-19.200

52.006-1-19.300

52.006-1-20

52.006-1-22

52.006-1-23

52.006-1-24

52.006-1-25

52.006-1-26

52.006-1-27

52.006-2-1

52.006-2-10

52.006-2-11

52.006-2-12

52.006-2-13

52.006-2-14

52.006-2-15

52.006-2-16

52.006-2-17

52.006-2-18

52.006-2-19.100

52.006-2-19.200

52.006-2-2.121

52.006-2-2.122

52.006-2-2.123

52.006-2-2.124

52.006-2-2.200

52.006-2-20

52.006-2-21.111

52.006-2-21.112

52.006-2-22.110

52.006-2-22.120

52.006-2-23.111

52.006-2-23.112

52.006-2-23.113

52.006-2-23.114

52.006-2-23.115

52.006-2-23.116

52.006-2-23.117

52.006-2-23.118

52.006-2-23.119

52.006-2-23.120

52.006-2-24./1

52.006-2-24.100

52.006-2-25.100

52.006-2-26.100

52.006-2-26.200

52.006-2-27

52.006-2-28.111

52.006-2-28.112

52.006-2-28.113

52.006-2-28.114

52.006-2-28.120

52.006-2-28.200

52.006-2-29

52.006-2-3

52.006-2-4

52.006-2-5

52.006-2-6

52.006-2-7

52.006-2-8.100

52.006-2.8.200

52.006-2-9

52.011-1-1

52.011-1-10.100

52.011-1-10.200

52.011-1-11

52.011-1-2.111

52.011-1-2.112

52.011-1-2.114

52.011-1-2.120

52.011-1-2.200

52.011-1-4.200

52.011-1-5

52.011-1-6

52.011-1-7.100

52.011-1-8

52.011-1-9.110

52.011-1-9.120

52.011-1-9.211

52.011-1-9.212

52.011-1-9.220

52.011-1-9.230

52.011-1-9.300

The disputed parcels identified in this section are not intended to be

legal descriptions, but are intended to identify disputed parcels by tax

lot number only.

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 persons who claim title to the disputed

parcels listed in section 9-1905 of this title. The assessor shall

prepare such a list within seven days after receiving the department's

request, and include on the list the names and addresses of all persons

on the most current tax roll and the names and addresses of all persons

who, not less than seven days prior to the date on which the assessor

received the department's request, notified the assessor that they claim

title to a disputed parcel. The department shall be entitled to rely

upon the information contained in the certified list, and failure by the

department to give notice to any person claiming title who is not

included on the list or is not at the address included on the list shall

not invalidate any proceeding or actions authorized by this title.

Within thirty days after receipt of the certified list from the

assessor, the department shall send, by first class mail, a letter to

each person included on the list, informing the person that a

constitutional amendment has been adopted and legislation enacted that

authorizes a resolution of title issues on disputed parcels in township

forty, including the disputed parcel to which the person claims

ownership rights. The department shall send a separate letter to each

person claiming title to each disputed parcel. Such letter shall

describe the process for resolving title set forth in this title and

state that, until such time as the state is estopped from asserting its

claim of title to the disputed parcel pursuant to subdivision seven of

this section, any person claiming title to the disputed parcel shall

assume all the risk with respect to subdividing or adding new structures

or improvements to the disputed parcel. The department shall provide a

copy of each such letter to the attorney general. The department shall

also, within thirty days after receipt of the list from the assessor,

publish written notice of the process to clear title, including a list

by tax lot number of the parcels listed in section 9-1905 of this title,

in the state register, the environmental notice bulletin and a newspaper

of general circulation in township forty.

2. Within ninety days of the receipt of the department's letter,

pursuant to subdivision one of this section, for each disputed parcel, a

person shall provide to the department, with copies to the office of the

attorney general and the town, a separate notarized statement as set

forth in section 9-1915 of this title, notifying the department either:

a. that he or she will participate in the process set forth in this

title to resolve title to the disputed parcel or parcels, and, if so,

whether he or she intends to provide as a gift to the state a specified

portion of a disputed parcel in fee simple without reservations for

inclusion in the forest preserve or a conservation easement to the town

restricting development over all or a specified portion of a disputed

parcel, with a secondary right of enforcement in the state; or

b. that he or she declines to participate in the process established

by this title to resolve title to disputed parcels.

3. With respect to a parcel or conservation easement which the person

intends to provide as a gift to the state or the town, respectively, as

specified in paragraph a of subdivision two of this section, the town

shall provide the person with an assessed value of the proposed

conveyance, with a copy to the department, within one hundred twenty

days of the town's receipt of a copy of the notification concerning such

gift.

4. Within twelve months of the date of the letters sent by the

department pursuant to subdivision one of this section, all persons who

are participating in the process set forth in this title to resolve

title to disputed parcels shall convey to the state any land which such

persons expressed an intent to so convey pursuant to paragraph a of

subdivision two of this section, convey to the town any conservation

easements which such persons expressed an intent to so convey pursuant

to paragraph a of subdivision two of this section, and make payment to

the town in the amount due pursuant to subdivision five of this section.

5. Within twelve months of the date of the letters sent by the

department pursuant to subdivision one of this section, persons

participating in the process set forth in this title to resolve title to

disputed parcels shall pay the town an amount that approximates the

state's administrative costs in resolving the disputed parcels situated

within township forty. The payment amount for each individual disputed

parcel shall be the sum of: (a) a flat rate of two thousand dollars per

parcel; and (b) an amount equal to the total assessed value of the

parcel, including structures and improvements situated thereon, as

determined by the two thousand twelve town assessment, less the assessed

value of any portion of such parcel conveyed to the state in fee or any

conservation easement conveyed to the town, pursuant to paragraph a of

subdivision two of this section, divided by the total assessed value of

all disputed parcels, including structures and improvements situated

thereon as determined by the two thousand twelve town assessment,

multiplied by two hundred thousand dollars. The town shall use all such

payments to acquire land for inclusion in the forest preserve pursuant

to subdivision six of this section.

6. Within eighteen months of the date of the letters sent by the

department pursuant to subdivision one of this section, the department

shall identify lands for the town to acquire for inclusion in the forest

preserve. Subject to legislative approval, such lands shall provide a

net benefit to the forest preserve as compared to the disputed parcels

to which the state is estopped from asserting a claim pursuant to

subdivision seven of this section. The town shall use all payments

acquired pursuant to subdivision five of this section for the

acquisition of such lands. Such lands shall be conveyed from the owner

directly to the state. Title to land to be conveyed to the state

pursuant to this title and the deed to the state shall be approved by

the attorney general, as to form and manner of execution and

recordability, before the deed shall be accepted on behalf of the state.

7. The commissioner shall cause to be prepared an accurate survey map

showing the boundaries of all disputed land to which the state will be

releasing and extinguishing its right, title and interest and record the

survey map in the Hamilton county clerk's office. The commissioner shall

also cause legal descriptions of such boundaries to be prepared from the

map. Except for those parcels the title to which will be litigated

pursuant to section 9-1909 of this title, upon legislative approval of

the lands to be provided to the state pursuant to subdivision six of

this section, the completion of the conveyances to the state, and

certification by the commissioner that each respective person has

complied with all applicable terms and conditions of this title, and

notwithstanding the provisions of the public lands law, the commissioner

shall be authorized to release and extinguish all right, title and

interest of the state in the disputed parcels that are located within

these surveyed boundaries, without reservation and exception. The legal

descriptions shall be approved by the commissioner and incorporated into

the release and extinguishment document. The commissioner shall send

notice of the state's release and extinguishment of rights to a disputed

parcel by separate letter to each person for each parcel of land the

title to which has been settled pursuant to this title, and upon release

and extinguishment of rights, the state shall be estopped from asserting

any claim of title to disputed parcels based upon (a) facts or actions

that occurred prior to the effective date of this title, and (b) deeds,

tax sales or other documents that predate the effective date of this

title. The commissioner shall also cause to be prepared an accurate

survey map, to be recorded in the county clerk's office, and a legal

description from the survey map, for each individual parcel of land the

claimant of which has filed a notice pursuant to paragraph b of

subdivision two of this section or has not complied in a timely fashion

with the requirements of subdivisions two, four or five of this section.

The department shall provide a copy of such survey and legal description

to the office of the attorney general to assist in the litigation

required by section 9-1909 of this title.

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 nonparticipation pursuant to paragraph b

of subdivision two of section 9-1907 of this title with respect to a

particular disputed parcel, a person's failure to make the required

conveyance required by subdivision four of section 9-1907 of this title

with respect to a particular disputed parcel, or a person's failure to

make the required payment required by subdivisions four and five of

section 9-1907 of this title with respect to a particular disputed

parcel, shall commence an action in a court of competent jurisdiction

pursuant to the real property actions and proceedings law to determine

title to such parcel. Nothing contained in this title shall be

applicable to such action. Failure by the attorney general to commence

such action within such time frame shall not subsequently prevent the

attorney general from commencing such an action or create a presumption

against the state's claim of title.

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 conditions as the owner finds acceptable,

provided the state may, solely in its discretion, decide whether to

accept any such offer.

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.

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 OF LONG LAKE, COUNTY OF HAMILTON

Name(s):

Mailing address(es):

Telephone number(s):

Tax parcel number:

Circle either 1 or 2; if you circle 1, you must also circle a or b:

1. I (we) elect to participate in the process to resolve title issues

regarding the above-referenced parcel as authorized by title nineteen of

article nine of the environmental conservation law.

a. I (we) intend to reduce my (our) payment by gifting to the state a

specified portion of a disputed parcel in fee simple without reservation

for inclusion in the forest preserve or a conservation easement to the

town restricting development over all or a specified portion of a

disputed parcel, with a secondary right of enforcement in the state. The

intended gift is described in the attached document.

b. I (we) do not intend to reduce my (our) payment to the state by

gifting any portion of the parcel to the state or by gifting a

conservation easement over any portion of the parcel to the town; or

2. I (we) elect to not participate in the special process to resolve

title issues regarding the above-referenced parcel as authorized by

title nineteen of article nine of the environmental conservation law. I

(we) understand that: within twenty-four months of my (our) filing of

this notice, the attorney general shall commence an action in a court of

competent jurisdiction to determine title to such parcel; nothing in

title nineteen of article nine of the environmental conservation law

shall be applicable to such litigation; and failure by the attorney

general to commence such action within such twenty-four month time frame

shall not subsequently prevent the attorney general from commencing such

an action or create a presumption against the state's claim of title.

Signature

(Notarization)

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 improve public safety on county highways

and town highways;

(ii) elimination of the hazards of dangerous curves and grades on

county and town highways to improve public safety;

(iii) relocation, maintenance, and reconstruction of county highways

and town highways, including associated culverts, for the purpose of

addressing public safety provided that no relocation of any single

relocated portion shall exceed one mile in length;

(iv) water wells and necessary appurtenances when such wells are

necessary to meet drinking water quality standards and are located

within five hundred thirty feet of state highways, county highways and

town highways; and

(v) stabilization devices for an existing utility pole adjacent to, or

no more than the minimum distance from the width of highway necessary to

comply with standard safety practices.

Eligible projects shall not include the use of chemicals/herbicides

for clearing state land; the removal of trees and vegetation shall be

minimized and the area shall promptly be restored to pre-project

conditions to the maximum extent practicable.

b. "county highway" shall have the same meaning as defined in

subdivision four of section three of the highway law.

c. "forest preserve expansion fund" shall mean the fund established

pursuant to section ninety-seven-e of the state finance law.

d. "project sponsor" means a town, village, or county located in the

counties of Clinton, Delaware, Essex, Franklin, Fulton, Greene,

Hamilton, Herkimer, Lewis, Oneida, Saratoga, Saint Lawrence, Sullivan,

Ulster, Warren and Washington.

e. "no viable alternative" means that no other option exists for the

eligible project to address ongoing public health or safety concerns

other than through the use of state lands.

f. "state highway" means a state highway as defined in subdivisions

one, two and three of section three of the highway law.

g. "state lands" means lands owned by the state in forest preserve

counties that are under the jurisdiction of the department.

h. "town highway" means a town highway, as defined in subdivision five

of section three of the highway law, in existence as of January first,

two thousand fifteen, listed on the local highway inventory maintained

by the department of transportation, and annually plowed and regularly

maintained.

i. "width of the highway" shall have the same meaning as paragraph k

of subdivision one of section 9-2103 of this title.

2. Following approval by the legislature of two hundred fifty acres of

land to be added to the forest preserve, a health and safety land

account of not more than two hundred fifty acres is created for use by

project sponsors for eligible projects necessary to protect health and

safety where no viable alternative is available. The account will be

administered by the department.

3. A project sponsor with an eligible project may apply to the health

and safety land account to receive fractional or whole acreage for an

eligible project. Such application shall include:

a. a resolution from the governing body of the project sponsor that

includes:

(i) attestation that the project is necessary to address public health

or safety and no viable alternatives exist;

(ii) attestation that such lands will only be used for eligible

purposes and that any real property acquired shall not be sold, leased,

exchanged, donated or otherwise disposed of or used for other than the

eligible purposes for which it was approved without the express

authority of an act of the legislature.

b. a detailed summary of the proposed eligible project, including the

whole action and all related activities, a detailed summary of the

alternatives the project sponsor explored prior to arriving at the

conclusion there were no viable alternatives;

c. specific metes and bounds, including total proposed acreage;

d. a narrative about the project, including a justification that the

size of the fractional or whole acreage sought for such eligible project

from the health and safety land account is the minimum amount required;

e. monies at least equivalent to the fair market value of the state

land proposed to be conveyed;

f. any necessary permits and authorizations; and,

g. an accurate survey.

4. Immediately upon determining that an application is complete, the

department shall cause a notice of application, which shall also include

the time period for public comments, to be published in the next

available state register and environmental notice bulletin as well as in

a newspaper having general circulation in the area in which the eligible

project is proposed to be located. Newspaper publications shall be

provided by the project sponsor.

5. The department shall hold a public hearing on each eligible project

at which the public shall be given an opportunity to be heard.

6. The department, following consultation with the department of

transportation to determine that any required authorization has been

provided, shall only deem a project sponsor eligible to receive

fractional or whole acreage from the health and safety land account

following a determination that:

a. the project meets the eligible project criteria, is necessary to

protect public health or safety and the eligible project has no viable

alternative on land not owned by the state;

b. the project minimizes adverse environmental impact to the maximum

extent practicable;

c. the project will not adversely impact viewsheds or lands with

historical, ecological, environmental or recreational value, as

determined by the department based on a resource inventory and

assessment;

d. the monies to be paid by the project sponsor into the forest

preserve expansion fund, are at least equivalent to the fair market

value of the state land proposed to be conveyed; and

e. the project minimizes the fractional or whole acreage from the

health and safety land account to the maximum extent practicable.

7. Once an application has been approved the commissioner shall cause

to be prepared an accurate survey map showing the boundaries of all

state land proposed to be conveyed and shall notify the legislature.

8. a. Prior to the actual transfer of title or issuance of letters

patent for an eligible project that is longer than one quarter mile that

has been approved by the department, the legislature shall approve each

eligible project and the monies to be paid into the forest preserve

expansion fund equal to or greater than the fair market value of the

acreage to be conveyed from the health and safety land account. Once

approved by the legislature, title to the land shall be approved and the

deed to the people of the state of New York of any lands dedicated shall

be approved by the attorney general as to form and manner of execution

and recordability prior to its delivery.

b. Prior to the actual transfer of title or issuance of letters patent

for an eligible project that is less than one quarter linear mile total,

which shall run and be measured parallel to the county highway or town

highway, and which runs no more than ten feet perpendicular beyond the

width of the highway which shall mean three rods or the deeded, recorded

municipal or state right of way or municipal or state easement in the

existence as of January first, two thousand fifteen and, which has been

approved by the department, title to land shall be approved and the deed

to the people of the state of New York of any lands dedicated shall be

approved by the attorney general as to form and manner of execution and

recordability prior to its delivery.

9. Real property acquired, developed, improved, restored or

rehabilitated by or through a project sponsor pursuant to this section

shall not be leased, exchanged, donated or otherwise disposed of or used

for other than the eligible project for which it was approved without

the express authority of an act of the legislature. When the project

sponsor determines such eligible project is no longer needed, the lands

shall revert to the state for inclusion in the forest preserve. The

department shall prescribe the terms and conditions for the removal of

any improvements to the land and restoration of the land to a natural,

vegetative state.

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 public

utility line or construction and maintenance of bicycle paths by a

project sponsor within the width of a highway of a town highway, county

highway or state highway that traverses state forest preserve land.

c. "project sponsor" shall mean a village, town, a county, located in

the counties of Clinton, Delaware, Essex, Franklin, Fulton, Greene,

Hamilton, Herkimer, Lewis, Oneida, Saratoga, Saint Lawrence, Sullivan,

Ulster, Warren and Washington or, for:

(i) bicycle paths, the department of transportation,

(ii) for water lines, a public water supplier; or

(iii) for electric, telephone or broadband lines, a public utility

company.

d. "public utility company" shall have the same meaning as such term

is defined in section two of the public service law; provided, however,

that for broadband projects a person subject to article eleven of the

public service law shall be included.

e. "public utility line" shall mean only electric, telephone,

broadband, water or sewer lines, including any necessary conduit used to

protect such lines. Public utility line shall not include the

construction of any new intrastate natural gas or oil pipelines that

have not received all necessary state and local permits and

authorizations as of June first, two thousand sixteen.

f. "public water supplier" shall mean a county or town water

improvement district, village, New York city, public benefit corporation

or public authority established pursuant to state law and empowered to

construct and operate a municipal water management facility, as defined

in section twelve hundred eighty-one of the public authorities law.

g. "state highway" shall mean a state highway as defined in

subdivisions one, two and three of section three of the highway law.

h. "state lands" shall mean lands owned by the state in forest

preserve counties that are under the jurisdiction of the department.

i. "town highway" shall mean a town highway, as defined in subdivision

five of section three of the highway law, in existence as of January

first, two thousand fifteen, listed on the local highway inventory

maintained by the department of transportation, and annually plowed and

regularly maintained.

j. "water supply projects" shall mean drinking water wells.

k. "width of the highway" shall mean three rods or the deeded,

recorded municipal or state right of way or easement in existence as of

January first, two thousand fifteen.

2. Pursuant to approval by the department and the department of

transportation and following a public hearing on each eligible project

at which the public shall be given an opportunity to be heard, a public

utility line may be co-located within or buried beneath the width of the

highway of any state highway, county highway, or town highway.

3. A project sponsor for an eligible project within the width of the

highway shall submit an application for a permit to the department that

at minimum shall include:

a. a resolution from the governing body of the project sponsor, or in

the case of a public utility seeking to utilize the width of highway of

a town highway, the governing body of the town, or the width of highway

of a county, the county governing board, that includes:

(i) approval of the project;

(ii) attestation that such width of highway lands will only be used

for eligible purposes;

(iii) attestation that the project will minimize the removal of trees

and vegetation and restore the area to pre-project condition to the

maximum extent practicable.

b. specific metes and bounds, including total proposed acreage of the

width of highway land sought;

c. a narrative about the project, including a justification;

d. any necessary permits and authorizations; and,

e. an accurate survey.

4. Immediately upon determining that an application is complete, the

department shall cause a notice of application, which shall also include

the time period for public comments, to be published in the next

available state register and environmental notice bulletin as well as in

a newspaper having general circulation in the area in which the eligible

project is proposed to be located. Newspaper publications shall be

provided by the project sponsor.

5. The department shall hold a public hearing on each eligible project

at which the public shall be given an opportunity to be heard.

6. The department, following consultation with the department of

transportation to determine that any required authorization has been

provided, shall only approve an application for an eligible project

permit following a determination that:

a. the eligible project meets the eligible project criteria;

b. the eligible project minimizes adverse environmental impact to the

maximum extent practicable; and

c. the eligible project will not adversely impact lands with

environmental, ecological or recreational value, as determined by the

department based on a resource inventory and assessment.

7. After a hearing and opportunity to be heard, if the commissioner

determines that a project sponsor is utilizing land for a purpose other

than as authorized by the department, the commissioner may require

removal of any improvements to the land and restoration of the land to a

natural, vegetative state.

8. The department is authorized to promulgate such rules and

regulations as may be necessary to implement and administer the

provisions of this article.

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 eligible projects applications

approved and denied; the project description, narrative and acreage of

eligible projects; the cumulative total of eligible projects listed by

project sponsor; total deposits by each project sponsor into the forest

preserve fund; annual disbursements from the forest preserve fund and

the amount of land acquired with such disbursements; total number of

public utility improvement permits issued; and the cumulative total and

project type of permits issued listed by project sponsor.

2. The information contained in such report shall also be made

available on the department's website and updated no less than annually.

* § 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 lands in the town of North Elba in

Essex County.

2. The legislature further intends that implementation of the

constitutional amendment should be accomplished in a manner that ensures

the integrity of the forest preserve land on which the sports complex is

situated and results in a significant increase of forest preserve

acreage in the Adirondack park.

3. The legislature intends that, as offset for the use of forest

preserve lands for the sports complex, the state shall acquire as an

addition to the forest preserve at least two thousand five hundred acres

of true forest land located in the Adirondack park. To ensure that such

lands will be acquired and have characteristics suitable for inclusion

in to the forest preserve, the legislature intends to review and approve

the acquisition of such lands.

4. For these reasons and as authorized by the provisions of section

one of article fourteen of the state constitution, the legislature finds

that it is in the public interest to hereby implement the constitutional

amendment pertaining to the Mount Van Hoevenberg Olympic Sports Complex.

* NB Effective on the same date as a certain CONCURRENT RESOLUTION OF

THE SENATE AND ASSEMBLY (see chapter 488 of 2025 § 2)

* § 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 skiing and biathlon trails, such as

access roads, parking lots, sanitary facilities, offices, day lodges and

amenities, snowmaking, five kilometer of paved training trails, and an

open-air Nordic skiing and biathlon stadium. This term shall not

include:

(a) facilities such as zip lines, hotels, condominiums, swimming

pools, all-terrain vehicles or off-road vehicles for public use, tennis

courts and other structures and improvements which are not directly

related to and necessary for operation, maintenance, and public use of

the sports complex; or

(b) any structure located at or above an elevation of two thousand two

hundred feet above sea level used for the sale of any goods, services,

merchandise, food, or beverage.

2. "Mount Van Hoevenberg Olympic Sports Complex" means a one thousand

thirty-nine and two-tenths acre parcel of forest preserve land located

in the town of North Elba in Essex County on which the Mount Van

Hoevenberg Olympic Sports Complex is currently located. For purposes of

this title, land owned by the town of North Elba which is located

adjacent to forest preserve land and over which the state has an

easement, including land on which the Olympic bobsled run is located,

shall not be considered part of such sports complex.

* NB Effective on the same date as a certain CONCURRENT RESOLUTION OF

THE SENATE AND ASSEMBLY (see chapter 488 of 2025 § 2)

* § 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 construction, operation, and maintenance of

Nordic skiing and biathlon trails, and appurtenances thereto. Any and

all development at the sports complex shall conform to guidelines set

forth in the Adirondack park state land master plan and shall be

authorized by a unit management plan, as required by section eight

hundred sixteen of the executive law.

* NB Effective on the same date as a certain CONCURRENT RESOLUTION OF

THE SENATE AND ASSEMBLY (see chapter 488 of 2025 § 2)

* § 9-2304. Land to be acquired for inclusion in the forest preserve in

the Adirondack park.

As an offset for the use of forest preserve lands for the sports

complex, the state shall acquire no less than two thousand five hundred

acres of land for inclusion in the forest preserve in the Adirondack

park, subject to legislative approval. Such approval shall include a

metes and bounds description and an accurate survey of the lands

proposed for inclusion in the forest preserve.

* NB Effective on the same date as a certain CONCURRENT RESOLUTION OF

THE SENATE AND ASSEMBLY (see chapter 488 of 2025 § 2)

Short title.

Article 11 together with article 13 of the Environmental Conservation

Law shall be known as the Fish and Wildlife Law. Sections of article 11

or of article 13 may be cited either as sections of the Environmental

Conservation Law or as sections of the Fish and Wildlife Law.

Definitions.

As used in the Fish and Wildlife Law:

1. a. "Fish" means all varieties of the super-class Pisces.

b. "Food fish" means all species of edible fish and squid

(cephalopoda).

c. "Migratory fish of the sea" means both catadromous and anadromous

species of fish which live a part of their life span in salt water

streams and oceans.

d. "Fish protected by law" means fish protected, by law or by

regulations of the department, by restrictions on open seasons or on

size of fish that may be taken.

e. Unless otherwise indicated, "Trout" includes brook trout, brown

trout, red-throat trout, rainbow trout and splake. "Trout", "landlocked

salmon", "black bass", "pickerel", "pike", and "walleye" mean

respectively, the fish or groups of fish identified by those names, with

or without one or more other common names of fish belonging to the

group. "Pacific salmon" means coho salmon, chinook salmon and pink

salmon.

* f. "Speargun" and "under-water gun" means any speargun that stores

potential energy provided from the spearfisher's muscles only and is

used while submerged under the water. Such gun may only release that

amount of energy that the diver has provided to it from such diver's own

muscles. Common temporary energy storing devices for spearguns shall

include, but not be limited to: rubber bands, springs, and sealed air

chambers.

* NB Repealed June 1, 2029

2. "Game" is classified as (a) game birds; (b) big game; (c) small

game.

a. "Game birds" are classified as (1) migratory game birds and (2)

upland game birds.

(1) "Migratory game birds" means the Anatidae or waterfowl, commonly

known as geese, brant, swans and river and sea ducks; the Rallidae,

commonly known as rails, American coots, mud hens and gallinules; the

Limicolae or shorebirds, commonly known as woodcock, snipe, plover,

surfbirds, sandpipers, tattlers and curlews; the Corvidae, commonly

known as jays, crows and magpies.

(2) "Upland game birds" (Gallinae) means wild turkeys, grouse,

pheasant, Hungarian or European gray-legged partridge and quail. Grouse

means ruffed grouse and every member of the grouse family. Pheasant

means the ring-necked, dark-necked and mutant pheasants and all species

and subspecies of the genus Phasianus representing the true or game

pheasants.

b. "Big game" means deer, bear, moose, elk, except captive bred and

raised North American elk (Cervus elaphus), caribou and antelope.

c. "Small game" means black, gray and fox squirrels, European hares,

varying hares, cottontail rabbits, native frogs, native salamanders,

native turtles, native lizards, native snakes, coyotes, red fox (Vulpes

vulpes) and gray fox (Urocyon cinereoargenteus) except captive bred red

fox or gray fox, raccoon, opossum, or weasel, skunk, bobcat, lynx,

muskrat, mink, except mink born in captivity, fisher, otter, beaver,

sable and marten but does not include coydogs.

3. "Wild game" means all game, except (a) domestic game bird and

domestic game animal as defined in subdivision 4; (b) carcasses of

foreign game as defined in section 11-1717, imported from outside the

United States; (c) game propagated or kept alive in captivity as

provided in section 11-1907 of this article; (d) game imported alive

pursuant to license of the department, or artificially propagated, until

such game is liberated; and (e) game so imported or propagated when

liberated for the purpose of a field trial and taken during the field

trial for which it was liberated.

4. a. "Domestic game bird" means ducks, geese, brant, swans,

pheasants, quail, wild turkey, ruffed grouse, Chukar partridge and

Hungarian or European gray-legged partridge, propagated under a domestic

game bird breeder's license pursuant to section 11-1901 or a shooting

preserve license pursuant to section 11-1903, or propagated on a

preserve or island outside the state under a law similar in principle to

title 19 of this article.

b. "Domestic game animal" means white-tailed deer propagated under a

domestic game animal breeder's license pursuant to section 11-1905 or

propagated on a preserve or island outside the state under a law similar

in principle to title 19 of this article.

c. To qualify as such domestic game bird or domestic game animal, (1)

live game must be held in private ownership, on such licensed premises,

and in the case of deer must be held on a preserve which is fenced, or

is an island, as provided in section 11-1905, or must be held in

confinement in course of transportation, and (2) the carcasses or flesh

of such game coming from outside the state must originate on premises

operated by the holder of a domestic game certificate as provided in

section 11-1715.

5. a. "Unprotected wild birds" means the English sparrow and starling,

and also includes pigeons and psittacine birds existing in a wild state,

not domesticated.

b. "Protected birds" means all wild birds except those named in

paragraph a of this subdivision.

6. a. "Wildlife" means wild game and all other animal life existing in

a wild state, except fish, shellfish and crustacea.

b. "Wild bird" means birds which are "wildlife".

c. "Protected wildlife" means wild game, protected wild birds,

protected insects, species of special concern and endangered and

threatened species of wildlife designated by the department pursuant to

section 11-0535 of this article, species listed in section 11-0536 of

this article and species protected pursuant to section 11-0311 of this

article.

d. "Unprotected wildlife" means all wildlife which is not "protected

wildlife".

e. "Wild animal" shall not include "companion animal" as defined in

section three hundred fifty of the agriculture and markets law. Wild

animal includes, and is limited to, any or all of the following orders

and families:

(1) Nonhuman primates and prosimians,

(2) Felidae and all hybrids thereof, with the exception of the species

Felis catus (domesticated and feral cats, which shall mean domesticated

cats that were formerly owned and that have been abandoned and that are

no longer socialized, as well as offspring of such cats) and hybrids of

Felis catus that are registered by the American Cat Fanciers Association

or the International Cat Association provided that such cats be without

any wild felid parentage for a minimum of five generations,

(3) Canidae (with the exception of domesticated dogs and captive bred

fennec foxes (vulpes zerda)),

(4) Ursidae,

(5) All reptiles that are venomous by nature, pursuant to department

regulation, and the following species and orders: Burmese Python (Python

m. bivittatus), Reticulated Python (Python reticulatus), African Rock

Python (Python sabae), Green Anaconda (Eunectes maurinus), Yellow

Anaconda (Eunectes notaeus), Australian Amethystine Python (Morelia

amethistina and Morelia kinghorni), Indian Python (Python molurus),

Asiatic (water) Monitor (Varanus salvator), Nile Monitor (Varanus

nilocitus), White Throat Monitor (Varanus albigularis), Black Throat

Monitor (Varanus albigularis ionides) and Crocodile Monitor (Varanus

salvadori), Komodo Dragon (Varanus komodensis) and any hybrid thereof,

(6) Crocodylia.

7. "Protected insect" means any insect with respect to the taking of

which restrictions are imposed by the Fish and Wildlife Law or

regulations of the department pursuant thereto.

8. "Plumage" is defined in section 11-1729.

9. "Shellfish" means oysters, scallops, and all kinds of clams and

mussels.

10. "Hunting" means pursuing, shooting, killing or capturing (other

than trapping as defined in subdivision 11) wildlife, except wildlife

which has been lawfully trapped or otherwise reduced to possession, and

includes all lesser acts such as disturbing, harrying or worrying,

whether they result in taking or not, and every attempt to take and

every act of assistance to any other person in taking or attempting to

take wildlife.

11. "Trapping" means taking, killing and capturing wildlife with

traps, deadfalls and other devices commonly used to take wildlife, and

the shooting or killing of wildlife lawfully trapped, and includes all

lesser acts such as placing, setting or staking such traps, deadfalls

and other devices whether they result in taking or not, and every

attempt to take and every act of assistance to any other person in

taking or attempting to take wildlife with traps, deadfalls or other

devices.

12. a. "Fishing" means the taking, killing, netting, capturing or

withdrawal of fish from the waters of the state by any means, including

every attempt to take and every act of assistance to any other person in

taking or attempting to take fish.

b. "Angling" means taking fish by hook and line. It includes bait and

fly fishing, casting, trolling and also includes the use of landing nets

in completing the catch of fish taken by hook and line. To constitute

"angling" the taking must be in accordance with the following

requirements: (1) the operator must be present and in immediate

attendance when lines are in the water;

* (2) one person may operate not more than two lines, with or without

rod, except that one person may operate up to three lines in freshwater;

* NB Effective until December 31, 2027

* (2) one person may operate not more than two lines, with or without

rod;

* NB Effective December 31, 2027

(3) each line shall have not more than five lures or baits, or a

combination of both, and in addition each line shall have not exceeding

fifteen single hooks, or seven double hooks, or five triple hooks, or

any combination of such hooks, provided the total number of hook points

thereof does not exceed fifteen. Angling does not include snatching or

hooking or the use of tip-ups.

c. "Hooking", "snatching" or "snagging" means taking fish that have

not taken or attempted to take a bait or artificial lure into their

mouth, by impaling fish with one or more hooks or similar devices,

whether or not baited, into any part of their body.

d. "Net" means a non-metallic fabric wrought or woven into meshes and

includes the types known as seine, gill, pound, trap, scap, fyke, dip,

scoop and stake net.

e. "Spear" means a hand-propelled single or multiple pronged pike,

blade or harpoon, and does not include the mechanically propelled device

commonly called a spear gun or under-water gun.

13. "Taking" and "take" include pursuing, shooting, hunting, killing,

capturing, trapping, snaring and netting fish, wildlife, game,

shellfish, crustacea and protected insects, and all lesser acts such as

disturbing, harrying or worrying, or placing, setting, drawing or using

any net or other device commonly used to take any such animal. Whenever

any provision of the Fish and Wildlife Law permits "taking", the taking

permitted is a taking by lawful means and in a lawful manner.

14. "Baiting" means the placing, exposing, depositing, distributing or

scattering of shelled, shucked, or unshucked corn, wheat or other grain,

salt or other feed in such a manner as to lure, attract, or entice

upland game birds to any area where hunters are attempting to take them;

"baited area" means any area where shelled, shucked, or unshucked corn,

wheat or other grain, salt or other feed whatsoever capable of luring,

attracting, or enticing such birds is placed, exposed, deposited,

distributed or scattered.

15. "Marine district" means the waters described in section 13-0103.

16. a. "Northern Zone" as used in the Fish and Wildlife Law or in any

regulation of the department pursuant thereto means that part of the

state situated northerly of a line commencing at a point at the north

shore of the Salmon river and its junction with Lake Ontario and

extending easterly along the north shore of that river to the village of

Pulaski, thence southerly along Route 11 to its intersection with Route

49 in the village of Central Square, thence easterly along Route 49 to

its junction with Route 365 in the city of Rome, thence easterly along

Route 365 to its junction with Route 28 in the village of Trenton,

thence easterly along Route 28 to its junction with Route 29 in the

village of Middleville, thence easterly along Route 29 to its junction

with Route 4, thence northerly along Route 4 to its junction with Route

22, thence northerly and westerly along Route 22 to the eastern shore of

South Bay on Lake Champlain in the village of Whitehall, thence

northerly along the eastern shore of South Bay to the New York-Vermont

boundary.

b. "Southern Zone" as used in the Fish and Wildlife Law or in any

regulation of the department pursuant thereto means that part of the

state not included in the "Northern Zone".

17. "Wilderness Hunting Areas" means the following areas:

a. South branch of Moose river--West Canada creek area. Commencing at

a point in the village of Indian Lake at the intersection of Route 28

with Route 30, thence southerly along Route 30 to the village of

Speculator and its junction with Route 8, thence westerly along Route 8

to its junction with Route 287, thence westerly along Route 287 to its

intersection with the Herkimer county line, thence northerly along the

Herkimer county line to its intersection with Route 28 near the village

of McKeever, thence northerly and easterly along Route 28 to the point

of beginning.

b. Essex Chain Lakes area. Commencing with the village of Indian Lake

on Route 28, thence northwesterly on Route 28 to its junction with Route

28-N at the village of Blue Mountain Lake, thence northerly along Route

28-N to the village of Long Lake, thence easterly, and southerly along

Route 28-N to its junction with Route 28 in the village of North Creek,

thence northwesterly along Route 28 to the point of beginning.

c. Cold River area. Commencing at the village of Long Lake, thence

northerly along Route 30 to its junction with Route 3 in the village of

Tupper Lake, thence easterly along Route 3 to its intersection with

Route 86 in the village of Saranac Lake, thence easterly along Route 86

to its junction with Route 73 in the village of Lake Placid, thence

easterly and southerly along Route 73 to its junction with Route 9,

thence southerly along Route 9 to the village of Schroon River and the

junction of the Blue Ridge road, thence westerly along the Blue Ridge

road through the village of Blue Ridge to its junction with the Tahawus

road, thence southerly along the Tahawus road to its junction with Route

28-N, thence westerly along Route 28-N to the point of beginning.

d. Oswegatchie-Beaver river flow area and Independence river area.

Commencing in the village of Blue Mountain Lake, thence westerly along

Route 28 through Old Forge to the intersection of Route 28 with the

Adirondack state park boundary at the vicinity of White Lake, thence

westerly and northerly along the Adirondack state park boundary to the

point where said boundary crosses Route 3 between the villages of East

Pitcairn and Fine, thence easterly along Route 3 to its intersection

with Route 30 at the village of Tupper Lake, thence southerly along

Route 30 to the point of beginning.

e. Middle branch of Grass river area. Commencing in the village of

Cranberry Lake on Route 3, thence northeasterly along Route 3 to its

junction with Route 56 near the village of Sevey, thence northerly along

Route 56 to its intersection with the Adirondack state park boundary

southeast of the village of South Colton, thence west and south along

said park boundary to its intersection with the Degrasse-Cranberry Lake

road, thence easterly and southerly along said road to its junction with

Route 3 approximately one mile west of the village of Cranberry Lake

thence easterly along Route 3 to the point of beginning.

f. West branch of St. Regis river area. Commencing at the village of

Tupper Lake, thence northeasterly along Route 30 to the junction of the

Brandon road leading from Paul Smiths to St. Regis Falls, thence

westerly and northerly along said Brandon road to its junction with

Route 72 about three miles west of the village of Santa Clara, thence

northwesterly along Route 72 to its junction with the St. Regis-Lake

Ozonia road, thence southerly and westerly along the St. Regis-Lake

Ozonia road to Lake Ozonia, thence northerly and westerly along the Lake

Ozonia-Hopkinton road to its intersection with the Adirondack state park

boundary, thence westerly, southerly, and westerly along the Adirondack

state park boundary to its intersection with the Parishville-Stark road,

thence southerly along said road to the village of Stark, thence

westerly along the Stark-Hubbards road to its junction with Route 56,

thence southerly along Route 56 to its junction with Route 3 near the

village of Sevey, thence easterly along Route 3 to the point of

beginning.

18. "Inhabited" means a permanent occupancy by a species as contrasted

with a temporary presence of an occasional individual.

19. a. "Person" means an individual, a co-partnership, joint stock

company or corporation.

b. In construing any provision of the Fish and Wildlife Law, gender

and number shall be disregarded whenever necessary to give effect to the

purpose of the provision.

c. A reference to the "immediate family" of a person means all persons

who are related by blood, marriage or adoption to the person whose

immediate family is referred to, and are domiciled in the house of such

person.

20. "Environmental conservation officer" includes sworn officers in

the division of law enforcement in the department.

21. "Carrier" means a person engaged in the business of transporting

goods, and includes a common carrier, contract carrier and private

carrier.

22. "Closed area" means any area of lands, or waters, or lands and

waters of the state, in which the taking of fish, wildlife or protected

insects, or one or more of them, is prohibited, or in which hunting,

fishing or trapping, or one or more of them, is prohibited by the Fish

and Wildlife Law, by proclamation of the Governor pursuant to section

9-1101, or by rule or regulation of the department.

23. a. "Open season" means the time during which fish, game, wildlife,

shellfish, crustacea or protected insects may be legally taken. "Closed

season" means the time during which they may not legally be taken.

b. Whenever an open season or a closed season is provided by the

fixing of dates, such dates shall be deemed part of such open season or

closed season.

24. "Enclosed lands" or "wholly enclosed lands" means lands the

boundaries of which may be indicated by wire, ditch, hedge, fence, road,

highway or water, or in any visible or distinctive manner which

indicates a separation from the surrounding contiguous territory. Except

as otherwise provided, any such indication of boundaries is sufficient

to constitute the lands within the boundaries "enclosed".

25. "Hunting related incident" means the injury to or death of a

person caused by the discharge of a firearm, crossbow or longbow while

the person causing such injury or death, or the person injured or

killed, is taking or attempting to take game, wildlife or fish.

26. "Muzzle loading firearm" means a gun which is loaded through the

muzzle, shooting a single projectile and having a minimum bore of .44

inch.

27. "Leashed tracking dog" means a leashed dog which has been

certified by the department pursuant to section 11-0928 of this chapter

to track and find wounded or injured big game.

28. "Captive bred" means born in captivity.

29. "Non-native big game mammal" means a mammal species presently

found in the wild and hunted as big game that is:

a. Native or an original inhabitant of the continents of Africa, Asia,

South America, Australia, or Europe, whether or not captive bred; or

b. A captive bred North American big game mammal including: cougar,

wolf, bear, bison, big horn sheep, mountain goat, antelope, elk, musk

ox, mule deer, black tailed deer, caribou, and a domestic game animal as

defined in paragraph b of subdivision four of this section, provided,

however, that nothing herein shall be deemed to expand, diminish, or

alter the department's authority under existing statute or regulation to

regulate the taking of big game as defined in paragraph b of subdivision

two of this section or other protected wildlife as defined in paragraph

c of subdivision six of this section.

30. "Facility" means any type of zoo, petting zoo, circus, game farm,

game preserve, or similar entity, or part thereof, where non-native big

game mammals are housed, held, fed or provided for in any manner.

31. "Pet" means an animal kept for the primary purpose of

companionship that is normally maintained in or near the household of

the owner or person who cares for such domesticated animal.

32. "Wildlife sanctuary" means an organization as described in section

170(b)(1)(A)(vi) of the Internal Revenue Code of 1986 and that is in

compliance with all applicable provisions of the Animal Welfare Act, 7

USC Sec. 2131 et seq. and operates a place of refuge where abused,

neglected, unwanted, impounded, abandoned, orphaned, or displaced wild

animals are provided care for their lifetime or rehabilitated and

released back to their natural habitat, and, with respect to any animal

owned by the organization, does not:

a. Use the animal for any type of entertainment, recreational or

commercial purpose except for the purpose of exhibition as defined by

the department;

b. Sell, trade, lend or barter the animal or the animal's body parts;

or

c. Breed the animal.

33. "Long bow" includes longbows, recurve bows, compound bows, and

crossbows.

State ownership and control.

The State of New York owns all fish, game, wildlife, shellfish,

crustacea and protected insects in the state, except those legally

acquired and held in private ownership. Any person who kills, takes or

possesses such fish, game, wildlife, shellfish, crustacea or protected

insects thereby consents that title thereto shall remain in the state

for the purpose of regulating and controlling their use and disposition.

Application of Fish and Wildlife Law.

1. No person shall, at any time of the year, pursue, take, wound or

kill in any manner, number or quantity, any fish protected by law, game,

protected wildlife, shellfish, harbor seals, crustacea protected by law,

or protected insects, except as permitted by the Fish and Wildlife Law.

2. No person shall, at any time of the year, buy, sell, offer or

expose for sale, transport, or have in his possession any fish protected

by law, game, protected wildlife, shellfish, harbor seals, crustacea

protected by law, or part thereof, or protected insect, whether taken

within the state or coming from without the state, except as permitted

by the Fish and Wildlife Law.

Standard Time of the state.

Provisions of the Fish and Wildlife Law, or regulations of the

department pursuant thereto, stating the periods of the day during which

fish, game or wildlife may be taken shall be construed as referring to

the Standard Time of the state as defined in section 52 of the General

Construction Law, notwithstanding any act of Congress of the United

States or of the legislature of this state or any law or ordinance of a

subdivision of the state declaring another basis of reckoning time.

Interference with lawful taking of wildlife prohibited.

1. As used in this section "wildlife" means wild game and all other

animal life existing in a wild state, including fish, shellfish and

crustacea, and "process of taking", in addition to any act described in

subdivision thirteen of section 11-0103 of this article, includes

travel, camping, and other acts preparatory to taking, which occur on

lands or waters upon which the affected person has the right or

privilege to take such wildlife.

2. A person is guilty of interfering with the lawful taking of

wildlife when, with intent to prevent the taking of wildlife, in season,

in a place where hunting, fishing or trapping is lawful, and by a person

properly licensed to take such wildlife, he:

(a) strikes, shoves, kicks or otherwise subjects the licensed person

to physical contact, or attempts or threatens to do the same; or

(b) follows the licensed person in or about such place and engages in

a course of conduct or repeatedly commits acts which alarm or seriously

annoy such licensed person and which serve no legitimate purpose.

Notwithstanding any other provision of law to the contrary, no one

shall be arrested for violation of this section by other than a duly

designated peace officer acting pursuant to his special duties, or a

police officer.

Limitation of powers of boards of supervisors and county

legislative bodies.

Boards of supervisors of counties and county legislative bodies shall

not, except as expressly provided in the Fish and Wildlife Law, exercise

powers (other than powers to appropriate money), vested in them by any

other law, to provide for the protection, preservation or propagation of

fish, game, wildlife, or shellfish within the county, or to prescribe or

enforce collection of penalties for the violation thereof.

Manner of reference to and amendment of provisions contained

in tables.

1. Any portion of any table contained in a section of the Fish and

Wildlife Law, which portion is capable of identification by reference as

provided in this section or otherwise may be quoted, cited, amended or

repealed, as if the portion so quoted, cited, amended or repealed,

constituted a complete numbered paragraph.

2. In the tables in sections 11-0905 and 11-0907 each letter of the

alphabet in column one identifies and furnishes the citation for the

matter in column one following such letter and also identifies and

furnishes the citation for the matter appearing in column two and column

three opposite the matter so identified in column one.

3. All matter identified by a letter of the alphabet printed in

lower-case print and enclosed in parentheses may be referred to as an

"item"; all matter identified by a figure printed in arabic numerals and

enclosed in parentheses may be referred to as a "sub-item".

4. The headings appearing at the top of the columns are not part of

the identification and citation of any part of the table, but the

portion of any item or sub-item appearing in a column may be referred to

as the portion of that item appearing in that column and "relating to"

species, open season, bag limit, area, game and open season, manner of

taking, specified waters of the state, or open season, size limits and

limits of catch, as the case may be.

5. This section does not make ineffective or affect the construction

or operation of any other form or manner of reference used in any act

enacted by the legislature.

Management of fish and wildlife resources; general purposes

and policies governing manner of exercise of powers.

1. The general purpose of powers affecting fish and wildlife, granted

to the department by the Fish and Wildlife Law, is to vest in the

department, to the extent of the powers so granted, the efficient

management of the fish and wildlife resources of the state. Such

resources shall be deemed to include all animal and vegetable life and

the soil, water and atmospheric environment thereof, owned by the state

or of which it may obtain management, to the extent that they constitute

the habitat of fish and wildlife as defined in section 11-0103. Such

management shall be deemed to include both the maintenance and

improvement of such resources as natural resources and the development

and administration of measures for making them accessible to the people

of the state. To obtain these results it shall include, to the extent

authorized by law, the undertaking and execution of reciprocal and

cooperative arrangements with the government of the United States, with

other states, and with other departments and agencies of this state,

political subdivisions and public corporations of this state and owners

and lessees of privately owned lands and waters, and shall also include

continuation of research and educational programs.

2. To such extent as it shall deem feasible without prejudice to other

functions in the management of fish and wildlife resources of the state

and the execution of other duties imposed by law, the department is

directed, in the exercise of the powers conferred upon it, to develop

and carry out programs and procedures which will in its judgment, (a)

promote natural propagation and maintenance of desirable species in

ecological balance, and (b) lead to the observance of sound management

practices for such propagation and maintenance on lands and waters of

the state, whether owned by the state or by a public corporation of the

state or held in private ownership, having regard to (1) ecological

factors, including the need for restoration and improvement of natural

habitat and the importance of ecological balance in maintaining natural

resources; (2) the compatibility of production and harvesting of fish

and wildlife crops with other necessary or desirable land uses; (3) the

importance of fish and wildlife resources for recreational purposes; (4)

requirements for public safety; and (5) the need for adequate protection

of private premises and of the persons and property of occupants thereof

against abuse of privileges of access to such premises for hunting,

fishing or trapping.

3. The department may, until December thirty-first, two thousand

twenty-seven, fix by regulation measures for the management of striped

bass, including size limits, catch and possession limits, open and

closed seasons, closed areas, restrictions on the manner of taking and

landing, requirements for permits and eligibility therefor,

recordkeeping requirements, requirements on the amount and type of

fishing effort and gear, and requirements relating to transportation,

possession and sale, provided that such regulations are no less

restrictive than requirements set forth in this chapter and provided

further that such regulations are consistent with the compliance

requirements of applicable fishery management plans adopted by the

Atlantic States Marine Fisheries Commission and with applicable

provisions of fishery management plans adopted pursuant to the Federal

Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).

General powers and duties of the department.

In addition to the powers and duties provided in other sections of the

Fish and Wildlife Law, the department shall have the following powers

and duties:

1. To sell or furnish trees, shrubs and other plants to owners or

lessees of private lands situated in the state on such terms as it deems

to be for the public benefit;

2. To issue the licenses and permits provided for by law, to fix their

terms, and the fees therefor, when no statutory provision is made, to

designate agents to sell and promote the sale of licenses, to adopt

procedures for the issuance of licenses, to establish the design and

format of licenses and the information to be contained thereon, to

provide where it deems appropriate for tags and buttons, to adopt

license conditions respecting tagging or identifying fish and wildlife

being possessed or transported, to establish procedures and requirements

for reporting license sales and handling and remittance of license

revenues by persons or entities issuing such licenses, to provide for

acceptable methods of payment of license fees, and to revoke licenses

and permits as provided by law;

3. To regulate the taking of fish in any manner other than angling,

except as to migratory fish of the sea within the marine district;

4. To increase by regulation the size, as established by statute, of

mesh of nets that may be used for taking fish;

5. To declare by regulation that waters, specified in the regulation,

are not inhabited by trout, whenever it shall determine that the waters

specified in the regulation, previously inhabited by trout, are no

longer so inhabited, or shall determine that the waters specified in the

regulation are unsuitable for trout;

6. To control, manage, propagate and distribute, and to regulate the

transportation, importation and exportation of shellfish, cephalopoda

and crustacea;

7. To regulate the examination and inspection of shellfish grounds,

boats used in taking and buildings used for storage of shellfish, the

handling and shipment of shellfish, the floating of shellfish, the

removal of shellfish from unsanitary beds and their deposit on

unpolluted grounds;

8. To enforce all laws relating to lands under water which have been

or shall be designated, surveyed and mapped out pursuant to law as

oyster beds or shellfish grounds and to grant leases of such lands,

belonging to the state, for shellfish culture, according to law;

9. To conduct, manage and control all hatching and biological

stations, game farms, game refuges, rearing stations and public hunting

and fishing grounds owned or operated by the state;

10. To enforce all provisions of the Fish and Wildlife Law and

regulations pursuant thereto, and all laws relating to fish, wildlife,

protected insects, shellfish, crustacea and game;

11. To settle or compromise in its discretion any action or cause of

action to recover a penalty under the provisions of this chapter as it

may deem advantageous to the state;

12. To grant refunds of moneys erroneously received by the department,

within two years of receipt thereof and upon satisfactory proof of

entitlement, which refunds, upon approval of the commissioner and audit

by the State Comptroller, shall be paid from any moneys available to the

department in the Conservation fund.

13. Notwithstanding any other provision of law, to regulate the

possession, transportation, sale, barter and purchase of Pacific salmon

and parts thereof; and to require permits or otherwise regulate the

sale, barter and purchase of raw or unprocessed Pacific salmon eggs.

14. Notwithstanding any inconsistent provision of law, the

commissioner may designate no more than eight days in each year that

shall be effective in every administrative region of the department, as

free sport fishing days during which any person may, without having a

sport fishing license and without the payment of any fee, exercise the

privileges of a holder of a sport fishing license, subject to all of the

limitations, restrictions, conditions, laws, rules and regulations

applicable to the holder of a sport fishing license. Free sport fishing

days shall be designated in a manner determined by the department to

best provide public notice thereof and to maximize public participation

therein, so as to promote the recreational opportunities afforded by

sport fishing.

15. To identify, manage and conserve plants, animals and ecological

communities that are rare in New York state, located on state-owned

lands under the jurisdiction of the department.

16. Notwithstanding any inconsistent provision of law, to authorize

free sport fishing clinics. A free sport fishing clinic shall include,

but not be limited to, instruction provided by employees of the

department or its designee in recreational angling, including its

benefits and values, and may also include instruction and other

information relevant to an understanding of fisheries management, ethics

and aquatic ecology and habitat. No license or recreational marine

fishing registration is required to take fish by angling while

participating in a fishing clinic conducted by the department or its

designee that has been designated by the commissioner as a free sport

fishing clinic. Such clinics shall be implemented consistent with

department standards and in a manner determined by the department to

best provide public notice thereof and to maximize public participation

therein, so as to promote the recreational opportunities afforded by

sport fishing. Further, the commissioner may designate additional

fishing events organized through the department that provide physical or

emotional rehabilitation for veterans, as defined in subdivision three

of section one of the veterans' services law, or active duty members of

the armed forces of the United States. No license or recreational marine

fishing registration shall be required for such veterans or active duty

members to take fish by angling while participating in these events.

17. To prepare or cause to be prepared voluntary habitat stamps and

furnish such stamps annually to license issuing agents and officers for

sale and issuance in the same manner as licenses and other types of

stamps. The department shall, by rule, establish the fee for the habitat

stamp which shall be no less than five dollars plus an additional amount

for the issuing agent or officer. The purchase of a stamp is voluntary

and a stamp need not be possessed in order to take fish or wildlife.

18. To provide a mechanism for a one dollar voluntary contribution to

the venison donation account on all hunting and fishing license

applications administered by the department. The option to utilize the

mechanism shall be voluntary and the mechanism need not be utilized in

order to process hunting or fishing license applications.

The Hudson River estuary management program.

1. There is established a Hudson River estuarine district which shall

include the tidal waters of the Hudson River, including the tidal waters

of its tributaries and wetlands from the federal lock and dam at Troy to

the Verrazzano-Narrows.

2. The department shall establish a Hudson River estuary management

program for the Hudson River estuarine district and associated

shorelands, with consideration to the remainder of the Hudson River, New

York bight, and the waters around Long Island only as they impact the

Hudson River estuary, in order to protect, preserve and, where possible,

restore and enhance the Hudson River estuarine district.

3. The commissioner shall appoint a Hudson River estuary management

advisory committee with whom he or she shall consult on regulatory,

policy and other matters affecting the management, protection and use of

the Hudson River estuarine district and on the formulation of a Hudson

River estuary management program. Such committee shall consist of not

less than eleven members who represent interests directly involved in

the Hudson River estuarine district and shall include representatives of

commercial fishing, sportsmen, research, conservation, and recreation.

For the purpose of immediate implementation of this section, the

committee shall consist of the current members of the Hudson River

fishery advisory committee.

4. The commissioner shall maintain in the department the position of

Hudson River estuary coordinator to manage the Hudson River estuary

management program and to assist the commissioner and the advisory

committee in its development and implementation.

5. There is established a Hudson River estuarine sanctuary for the

purpose of protecting areas of special ecological significance within

the Hudson River estuarine district and associated shorelands. The

estuarine sanctuary shall be managed as a long-term estuarine field

laboratory for research and education concerning the Hudson River

ecosystem. The estuarine sanctuary shall be composed initially of the

four sites now within the Hudson River national estuarine research

reserve (HRNERR). The department shall adopt the Hudson River national

estuarine research reserve program as a program of the department for

the purpose of operating the estuarine sanctuary. The sanctuary shall be

managed by the department in cooperation with the Hudson River estuary

management advisory committee and the commissioner shall have the

authority to designate additional sites for inclusion within the

estuarine sanctuary. The estuarine sanctuary shall be open to those

activities that are compatible with the primary purposes and management

goals of the estuarine sanctuary and its individual sites.

6. The department, in cooperation with the Hudson River estuary

management advisory committee, shall report to the chairpersons of the

assembly committee on environmental conservation and the senate

committee on environmental conservation on or before March first,

nineteen hundred eighty-eight with an estuary management strategy for

the development of a continuing fifteen-year estuary management program

for the preservation, protection, restoration and enhancement of the

Hudson River estuarine district and associated shorelands including but

not limited to its natural resources, its fish and wildlife and the

habitats within it. The estuary management strategy shall include but

not be limited to the following:

a. A discussion of how the Hudson River estuary functions and the

relative role of different species and an explanation of the role of the

Hudson River estuary as a distinct ecosystem, as a habitat for fish and

wildlife, as a commercial fishery and as a recreational resource.

b. Identification of areas of special ecological significance within

the estuarine district and associated shoreland including but not

limited to spawning, nursery, wintering, feeding and foraging habitat

for marine, anadromous, catadromous, riverine, and freshwater species

and a description of the annual dynamics of such habitats including the

geochemical, thermodynamic, biological, hydrodynamic and hydrological

states and mechanisms critical to habitat maintenance.

c. A plan for the development and operation of the Hudson River

estuarine sanctuary which shall include criteria for the identifcation

of additional areas of special ecological significance and for additions

to the Hudson River estuarine sanctuary and a program of education and

research which shall be consistent with the purposes of subdivision five

of this section.

d. A status report on the populations and relative abundance of

species that have potential or existing recreational or commercial value

or that play a key role in the functioning of the estuary and on the

diversity of species in the estuarine district, including a plan for

maintaining an accurate evaluation of populations and relative abundance

and diversity on an annual basis.

e. Evaluation of the impact of the uses of water on the Hudson River

estuarine district including present and future demands for water and

their impact on the balance of fresh and salt water in the estuary and

the role of the location of the salt front in the estuary.

f. Identification of areas of potential ecological significance which

may require rehabilitation.

g. A status report on the levels of toxicants in and their effects on

important estuarine indicator species and for species that have

potential or existing recreational or commercial value.

h. Identification of the anthropogenic activities and the conservation

and management problems that pose an existing or potential threat to the

resources and the functioning of the estuary.

i. An inventory of ownership and tenancy of underwater lands in the

estuarine district.

j. Recommendations for developing the economic potential of the Hudson

River fishery and maintaining its traditional commercial fishery.

k. Recommendations for implementation of a fifteen-year estuary

management program including a list of tasks that must be accomplished

to implement the purposes stated in this subdivision and address the

findings and implement the recommendations of the estuary management

strategy.

l. Evaluation of the existing resources and authority of the

department to implement the estuary management program including

research, information and data needs and legislative, administrative and

regulatory recommendations and the potential role of private sources and

institutions.

7. On or before January first, nineteen hundred eighty-nine, the

commissioner shall present the department's Hudson River estuary

management program at a public hearing. This public hearing shall be

advertised in official newspapers in each county along the Hudson River

corridor from the city of New York to Albany and Rensselaer counties.

The program and public comments regarding it shall be included in a

report on the program to be filed with the chairperson of the assembly

environmental conservation committee and the chairperson of the senate

committee on environmental conservation on or before March first,

nineteen hundred eighty-nine.

8. On or before the first day of March of each year, commencing on

March first, nineteen hundred ninety, the commissioner shall prepare a

report detailing the progress of the estuary management program

including but not limited to consideration of those matters listed in

subdivision six of this section as well as any planned or anticipated

regulatory or policy changes which may affect the estuarine district.

The commissioner shall present the department's annual report at a

special public meeting for the purpose of public review and to hear

public comment on the annual report. The report shall be filed with the

chairpersons of the assembly committee on environmental conservation and

the senate committee on conservation and recreation.

9. The commissioner shall consult with the advisory committee

regularly and in a timely fashion in the preparation of the estuary

management strategy, the estuary management program and his or her

yearly report to the legislature regarding any planned or anticipated

regulatory or policy changes which will affect the estuarine district.

The commissioner shall include in his or her reports to the legislature

the comments, recommendations and observations of the advisory committee

and a discussion of the consulting role that was played by the advisory

committee.

10. The advisory committee shall consult with department personnel on

matters affecting the Hudson River estuary on a regular basis and report

to the commissioner on or before the first day of December of each year

on its activities and concerns.

11. Any agreement or negotiated settlement which existed between the

commissioner and the previously existing Hudson River fishery advisory

committee, whose membership will comprise the Hudson River estuary

management advisory committee for the immediate purposes of implementing

this section, shall be binding between the commissioner and the Hudson

River estuary management advisory committee.

The Flax Pond tidal wetlands sanctuary.

1. There is established a Flax Pond tidal wetlands sanctuary for the

purpose of protecting areas of special ecological significance within

the Flax Pond tidal marsh. The sanctuary shall be composed of the tidal

wetlands located in the village of Old Field, county of Suffolk as

designated on the March tenth, nineteen hundred sixty-six survey filed

in the Suffolk County Clerk's office as file number 136899 and including

a permanent easement for the State University of New York as designated

on the March ninth, nineteen hundred sixty-six survey filed in the

Suffolk County Clerk's office as file number 81558, and including

acreage of 146.162 acres. The sanctuary shall be managed by the

department in cooperation with the state university at Stony Brook. The

sanctuary shall be managed as a long-term field laboratory for research

and education to provide:

a. a natural area for academic research across a wide variety of

disciplines including, but not limited to, the fields of community

ecology, population ecology, predator-prey relationships, food chain and

web dynamics, nutrient and energy flow, hydrology, ornithology, botany,

and forestry management;

b. opportunities for instruction between teaching faculty and students

by using the property as an "outdoor classroom";

c. opportunities for students, faculty, and the public to connect with

the natural world around them;

d. a meaningful contribution toward protection of local and regional

biodiversity;

e. lawful recreational angling, however no commercial fishing or

shellfishing, nor the taking of invertebrates for bait shall be

permitted within the sanctuary;

f. lawful waterfowl hunting during the appropriate open season

following receipt of a tidal wetlands access permit issued pursuant to

department regulations; and

g. boating by sail, human propelled oar or paddle, or mechanically

propelled vessels having a source of power less than ten horsepower.

Migratory game birds; regulation.

* 1. The department may adopt rules and regulations in relation to

migratory game birds, provided such regulations are no less restrictive

than federal regulations made under authority of the Migratory Bird

Treaty Act of July 3, 1918, (16 U.S.C. secs. 703-711), as may be amended

from time to time.

* NB Effective until December 31, 2027

* 1. The department shall adopt rules and regulations in relation to

migratory game birds consistent with federal regulations made under

authority of the Migratory Bird Treaty Act of July 3, 1918, (16 U.S.C.

secs. 703-711), as presently constituted or as hereafter amended.

* NB Effective December 31, 2027

2. The department shall, by rule and regulation, establish the means

or method for creation of both voluntary migratory bird stamps and

migratory bird art prints, their administration, sale and distribution

and other matters relating to such voluntary stamps and art prints. The

department shall select appropriate works of art that will reflect

migratory bird species and/or aquatic ecosystem scenes. The department

may prepare or cause to be prepared voluntary migratory bird stamps and

prints for any year in excess of the number otherwise to be issued for

sale to collectors or other persons desiring to purchase such voluntary

stamps or prints.

3. The department shall prepare or cause to be prepared voluntary

migratory bird stamps and shall furnish such migratory bird stamps

annually to license issuing agents and officers for issuance or sale in

the same manner as other types of licenses. The department shall, by

rule and regulation, establish the fee for such voluntary stamps which

shall not exceed five dollars as a fee and fifty cents for the issuing

agent or officer for a stamp sold in the year in which it was issued.

The purchase of a stamp is voluntary and need not be possessed in order

to hunt migratory waterfowl.

Sale of small lead fishing sinkers prohibited.

1. No person shall sell at retail or offer for retail sale lead

fishing sinkers weighing one-half ounce or less. Each day of sale or

offering for sale shall constitute a separate violation of this section.

2. For the purposes of this section, the following terms shall have

the following meanings:

(a) "sinker" shall mean any device that is designed to be attached to

a fishing line and intended to sink the line. Such term shall not

include artificial lures, weighted line, weighted flies or jig heads.

(b) "sell at retail" or "retail sale" shall mean the sale to any

person in the state for any purpose other than for resale.

3. The department shall provide notice of the prohibition of the

retail sale or offering for sale of lead fishing sinkers weighing

one-half ounce or less in the state fishing regulations guide.

Extension of open seasons after emergency closing.

Whenever open seasons for hunting, fishing or trapping have been

curtailed by a proclamation of the Governor pursuant to section 9-1101

of this chapter closing forests and woodlands, or open lands or waters

to the public, or suspending an open season for taking fish or wildlife,

because of danger of fire, the department, at the expiration of the

effective period of the proclamation, shall have power, within the

limits of counties affected by the proclamation, to extend by regulation

any open season, for a period not to exceed the effective period of the

proclamation.

Additional or other protection.

1. The department shall have power to give to any wildlife or fish,

other than migratory fish of the sea, protection or additional

protection to that afforded by this article, if ten or more citizens

file with the department a petition signed by them stating the grounds

on which such protection is necessary and giving their addresses. If the

department entertains the petition it shall within twenty days

thereafter hold a public hearing thereon in a place determined by it in

the locality affected. At least ten days before the hearing, notice

thereof shall be advertised in a newspaper published in each county

affected. The notice shall state the grounds of the application and a

copy thereof shall be mailed to each petitioner at least ten days before

the hearing.

2. If after the hearing the department determines that by reason of

disease danger of extermination or from other cause or reason, such

species of fish or wildlife requires such additional or other

protection, either local or state-wide, the department may adopt

regulations restricting the destruction, disturbance or taking of such

species. Such regulations may be adopted for the entire state or any

part of it.

3. A regulation adopted pursuant to this section is effective

according to its terms notwithstanding any other provision of the Fish

and Wildlife Law.

Waters closed to taking of fish.

The department shall have power by regulation to close any waters of

the state to the taking of fish whenever an environmental investigation

it causes to be made reveals that fish life in such waters is in

imminent danger of undue depletion because of low water levels brought

on by drought. Any such regulation shall remain in force until the

department finds that the low water emergency has passed and repeals the

regulation.

Hudson River shad fishery.

The department is authorized in its discretion to adopt regulations

establishing restrictions as to numbers and lengths and types of nets

and other gear, compulsory lift periods, licenses, closed season,

protected waters or other like measures, as in its judgment may be

desirable for the protection of the shad fishing in the Hudson River. In

adopting any such regulation, due regard shall be given to the needs of

persons earning their livelihood by shad fishing, opportunity to be

heard shall be given, and there shall be no discrimination in such

additional regulations against the citizens of any other state.

Seasons and limits for taking fish in certain border waters.

1. After consultation with the appropriate agencies of the neighboring

states or provinces mentioned in this section, the department shall have

power to adopt regulations establishing open seasons, minimum size

limits, manner of taking, creel and seasonal limits for the taking of

fish in the waters of Indian Lake and Mianus Reservoir, both situated

partly in New York and partly in Connecticut, and in the waters of

Greenwood Lake, situate partly in New York and partly in New Jersey, and

in the Delaware River, situate partly in New York and partly in

Pennsylvania and in the waters of Lake Champlain situate partly in New

York, partly in Vermont and partly in the Province of Quebec. Such open

seasons, manner of taking and limits shall, whenever possible, be made

uniform, with those fixed by the neighboring state or province for the

waters in question with respect to all species upon which agreement can

be reached with the appropriate agency of that jurisdiction.

2. When the department shall find that conditions permit restoration

and maintenance of the shad run of the Delaware River and that

restrictions imposed under the foregoing powers are inadequate to

cooperate with Pennsylvania and New Jersey in maintaining the maximum

sustained yield of such fishery, the department is authorized after

consultation with the appropriate agencies of Pennsylvania and New

Jersey to declare by regulation that an emergency exists and in its

discretion to impose such additional restrictions for the taking of shad

in the Delaware River and its tributaries as to numbers and lengths and

types of nets and other gear, compulsory lift periods, licenses, closed

season, protected waters or other like measures as may in its judgment

be necessary to maintain such maximum sustained yield. In adopting any

such regulation, the department shall observe the conditions prescribed

in section 11-0315.

3. After consultation with the appropriate agencies of the neighboring

states and the Province of Ontario, the department shall have power to

adopt regulations establishing open seasons, minimum size limits, manner

of taking, and creel and seasonal limits for the taking of fish in the

waters of Lake Erie, Lake Ontario, the Niagara river and the St.

Lawrence river. Such open seasons, manner of taking and limits shall,

whenever possible, be made uniform with those fixed by the neighboring

states and the Province of Ontario, as the case may be, for the waters

in question with respect to all species upon which agreement can be

reached with the appropriate agency of that jurisdiction.

Seasons, limits and manner of taking fish in waters of New

York City water supply open to public.

Notwithstanding any other provision of this article and subject to the

approval of the New York City Department of Environmental Protection,

the department shall have power to adopt regulations establishing open

seasons, minimum size limits, manner of taking and daily and seasonal

limits for taking fish in the waters of the New York City water supply

which are open or may be opened in the future to the public for fishing.

"Restricted areas"; additional enforcement on private

premises.

1. Without limitation of the purpose and policy described in section

11-0303, or of the powers conferred in other sections, the department is

authorized:

a. to adopt by regulation, classifications of "restricted areas" lying

within the boundaries of premises, or of two or more sets of contiguous

premises, privately owned and with respect to which a cooperation

agreement pursuant to section 11-0501 is in force, or owned by the state

or a political subdivision or public corporation thereof, in which

hunting, fishing or trapping, or any of them, shall be, as provided by

such regulation with respect to the classification in question,

prohibited, or shall be restricted or regulated as to the manner, time

or conditions applicable to the exercise in such "restricted areas" of

the privilege of entry upon such premises for purposes of hunting,

fishing or trapping;

b. to adopt regulations with respect to the manner in which, and the

conditions upon which, such "restricted areas" shall be recognized,

including obligations to be undertaken by the owner or lessee of the

premises for the furtherance of sound management practices and public

access for hunting, fishing or trapping, to premises outside the

"restricted area", identification and notice to the public of the

boundaries of the "restricted area", and the manner in which, and the

grounds upon which, the recognition of a "restricted area" may be

revoked or its classification changed;

c. to adopt regulations with respect to prohibitions applicable to

each classification of a "restricted area";

2. Such restricted areas may be established pursuant to this section

and regulations may be made with respect to the use of such areas for

one or more of the following purposes:

a. providing safety zones in and around buildings;

b. providing safety zones deemed necessary for temporary periods of

time for the protection of life or property during farm and woodlot

operations;

c. protecting agricultural or forest crops from trampling or other

damage during critical growth periods;

d. development or carrying out of a program of research in game

management in connection with which the department deems it desirable to

control the hunting, fishing or trapping pressures or to put into effect

special regulations authorized by section 11-0311 or by any other

provision of the Fish and Wildlife Law;

e. protecting the water supply or otherwise providing for the

protection of the health of the people of the state;

f. such other purposes relating to farm operation, woodlot

development, fish and wildlife habitat improvement or public health and

safety which in the opinion of the department require special

restrictions on the use of particular premises.

3. No person shall charge or collect a fee or rental for the privilege

of hunting, fishing or trapping in a restricted area established under

the authority of this section.

4. a. Notwithstanding the provisions of section 11-2111, a restricted

area shall be deemed to be in existence and subject to the regulations

established pursuant to this section with respect to restricted areas of

the classification to which it is assigned, when signs identifying its

existence shall have been erected on the premises in such manner as may

be required by the regulations of the department applicable thereto,

made as prescribed in paragraph b of subdivision 1 of this section.

b. No person shall enter or remain unlawfully or engage in any

activity upon land which has been posted pursuant to such regulations in

violation of the terms of such posted signs.

c. No unauthorized person shall injure, conceal, deface or remove a

sign erected and maintained in accordance with such regulations.

d. The requirements of posting provided in section 11-2111 shall not

be applicable to the erection of signs identifying a restricted area.

e. Restricted areas may be established notwithstanding that the lands

or waters or part of them, included within said restricted area may have

been stocked with fish and game by the state.

f. The existence of the restricted area shall terminate in such manner

as may be provided by regulations of the department.

5. The department is further authorized, at the discretion of the

commissioner, to exercise all of the powers and authority set forth in

this section, in relation to premises with respect to which agreements

are in effect between the owner of such premises and the Agricultural

Stabilization and Conservation Service of the United States Department

of Agriculture and such agreements provide for such regulations, whether

or not such premises are the subject of an agreement pursuant to section

11-0501. Payments to such landowners by the United States Department of

Agriculture under such agreements shall not constitute a fee or rental

within the meaning of subdivision 3 of this section.

Publication of Fish and Wildlife Law.

1. The department shall compile and index each year after the

adjournment of the legislature the laws relating to fish and wildlife,

as well as invasive species (as defined in section 9-1703 and 9-1710 of

this chapter), as amended to date. Copies of the compilation shall be

printed in pamphlet form of pocket size in the number for which the

legislature may appropriate funds.

2. The department shall also prepare a syllabus of such laws and

information informing migratory game bird hunters where they can obtain

information regarding open seasons and bag limits, federal regulations

pursuant to sections 11-1721 and 11-1723 of this article and of laws

relating to invasive species (as defined in section 9-1703 of this

chapter). The department shall deliver copies of such syllabus to

county, city, town and village clerks in numbers sufficient for the

furnishing of one copy to each person to whom a hunting, trapping or

fishing license is issued. Each such licensee shall be entitled to one

copy of such syllabus.

Control of dangerous diseases.

1. Whenever it is jointly determined by the Department of

Environmental Conservation and the Department of Health or the

Department of Agriculture and Markets, and certification is made to the

Commissioner of Environmental Conservation by the Commissioner of Health

or the Commissioner of Agriculture and Markets, that a disease, which

endangers the health and welfare of fish or wildlife populations, or of

domestic livestock or of the human population, exists in any area of the

state, or is in imminent danger of being introduced into the state, the

department shall adopt any measures or regulations with respect to the

taking, transportation, sale, offering for sale or possession of native

fish or feral animals it may deem necessary in the public interest to

prevent the introduction or spread of such disease. The department may

undertake such fish or wildlife control measures it may deem necessary

to eliminate, reduce or confine the disease.

2. Whenever it is determined by the Department of Environmental

Conservation that an epizootic disease which endangers the health and

welfare of native fish or feral animal populations only, exists in any

area of the state, or is in imminent danger of developing or being

introduced into the state, the department may adopt any measures or

regulations with respect to the taking, transportation, sale, offering

for sale or possession of native fish or feral animals deemed necessary

in the public interest to prevent the development, spread or

introduction of such disease.

Conservation fund advisory board.

1. Creation of conservation fund advisory board. (a) The conservation

fund advisory council is hereby continued and reestablished in the

department to be the conservation fund advisory board, which shall make

recommendations to state agencies on state government plans, policies,

and programs affecting fish and wildlife as more specifically outlined

below. Such board shall be composed of eleven voting members, including

a member designated by the state fish and wildlife management board, a

member designated by the New York state conservation council, three

members appointed by the governor, two members appointed by the

temporary president of the senate, one member appointed by the minority

leader of the senate, two members appointed by the speaker of the

assembly, and one member appointed by the minority leader of the

assembly. None of the members shall be employees of the department. Of

the members appointed by the governor, the temporary president of the

senate, the minority leader of the senate, the speaker of the assembly,

and the minority leader of the assembly, no two shall be residents of

the same department of environmental conservation region. Each member

shall be a resident of the region which that person is appointed to

represent. The board shall be representative of individual and organized

sportsmen's interests in each region of the state. In addition to these

voting members, the commissioner and the chairmen of the senate finance

committee, the senate environmental conservation committee, the assembly

ways and means committee and the assembly committee on environmental

conservation or their designees shall serve as ex officio, non-voting

members of the advisory board.

(b) Persons designated or appointed to the advisory board, excluding

ex officio members, shall have demonstrated a long-standing interest,

knowledge and experience in fish and wildlife management, including

hunting or fishing, as evidenced in part by the holding of a valid New

York state hunting, fishing or trapping license at the time they are

designated or appointed to such board and for each of the three years

immediately preceding their designation or appointment to such board.

One member, who may not be an ex officio member, shall be elected

chairman of the advisory board by a majority vote of the members of such

board, excluding ex officio members.

(c) The designation or appointment of any person to the advisory

board, excluding ex officio members, shall be considered terminated if,

in the course of any one-year period commencing from the date of their

designation or appointment, such person shall have accrued three

unexcused absences from meetings of the board. Excuses for absences are

to be accepted at the discretion of the chairman. In the event of such

termination, the resulting vacancy shall be filled as described in

subdivision five of this section.

2. Meetings of the advisory board. The board shall meet at least

quarterly at the call of the chairman.

3. Duties of the advisory board. The advisory board shall have the

following powers and duties:

(a) To review the allocations and expenditures of the department for

fish and wildlife purposes as provided in section 11-0303 of this title

and report to the commissioner by November fifteenth of each year. To

assist the board in its review, the department shall by September first

of each year make available to the board, the governor and the

legislature current and anticipated income and expenditures for the fish

and wildlife programs, including planned expenditures by time and

activity code for the next fiscal year. Such report shall include the

findings of the advisory board regarding such allocations and

expenditures, including expenditures and appropriations from the

conservation fund and the extent to which such expenditures and

appropriations are consistent with the requirements of state law. The

report shall also include recommended maximum annual fees for the

licenses and bowhunting and/or muzzle-loading privileges identified in

subdivision 3 of section 11-0715 of this article. In recommending such

fees the board shall consider economic indicators, the status of the

conservation fund, and such program indicators as it may deem

appropriate. The commissioner shall submit such report, in its entirety,

to the governor and the legislature.

(b) To make reports and release information from time to time, as it

deems necessary, to sportsmen and the general public regarding the

conservation fund and the fish and wildlife program.

(c) To consult with fish and wildlife interests and render annual

reports to the commissioner on fiscal needs and make recommendations on

how such needs shall be met.

(d) To assist the department's efforts to expand the available sources

of income for the conservation fund and advise the department with

respect to the needs of various fish and wildlife programs.

(e) To adopt, promulgate, amend or rescind suitable procedural rules

with respect to the composition, internal organization and functioning

of the board; and such other rules, regulations and procedures as may be

necessary or desirable to effectuate the purposes of this section.

(f) To work to encourage both residents and non-residents to hunt,

fish and trap in New York, and to promote conservation and management of

New York's natural resources.

4. Advisory board members; expenses. Conservation fund advisory board

members shall receive no salary, but the necessary traveling expenses of

voting members when attending meetings of the board shall be paid from

moneys appropriated to the board for travel and shall be paid on

vouchers certified by the chairman of the board upon the audit of the

comptroller in the manner provided by law.

5. Term of office. All voting members of the board shall serve terms

of three years. An appointment to fill a vacancy shall be made for the

remainder of the affected term in the same manner as the original

appointment was made. Such appointment shall be made within sixty days

of the date the position becomes vacant.

6. State assistance. The commissioner shall, at any time requested by

the board, make any and all information readily available to the board

which the board indicates is needed to properly and thoroughly carry out

its responsibilities. The commissioner shall also make available to the

board such secretarial and/or clerical aid reasonably necessary to allow

the board to carry out its duties and responsibilities.

Outdoor recreation and trail maintenance; regulation.

1. The department shall, by rule and regulation, establish the means

or method for the creation of voluntary outdoor recreation and trail

maintenance pins and patches, their administration, sale and

distribution, the fee therefor, and other matters relating to such

voluntary pins and patches.

2. The department shall prepare or cause to be prepared voluntary

outdoor recreation and trail maintenance pins and patches and furnish

such pins and patches annually to license issuing agents and officers

for sale and issuance in the same manner as licenses and other types of

pins and patches. The purchase of such pins and patches shall be

voluntary and need not be possessed in order to participate in outdoor

recreational activities.

Fish and wildlife management practices cooperative program.

1. Purpose.

The cooperative program provided in this section is authorized for the

purpose of obtaining on the privately owned or leased lands and waters

of the state practices of fish and wildlife management which will

preserve and develop the fish and wildlife resources of the state and

improve access to them for recreational purposes by the people of the

state.

2. Definitions.

a. "Fish and wildlife management" means management of either fish or

wildlife, or both.

b. "Region" means a fish and wildlife management region established as

provided in subdivision 3.

c. "Regional board" means a board constituted as provided in

subdivision 4. "State board" means the board constituted as provided in

subdivision 5.

d. "Cooperator" means a person with whom an agreement is made as

provided in subdivision 9.

e. "Regional supervisor for natural resources" means the employee of

the department bearing that title in each region.

f. "Department", "commissioner", "fish" and "wildlife" have the

meanings stated in section 11-0103.

3. Fish and wildlife management regions.

The commissioner shall establish not to exceed fifteen fish and

wildlife management regions of one or more counties each, which shall

include all counties of the state not wholly included within a city.

4. Regional fish and wildlife management boards.

a. A regional fish and wildlife management board shall be appointed in

each of the regions established under subdivision 3 of this section.

Such regional board shall consist of three members from each county

within the region which has appointed its members. In each county, one

member shall be a member of or represent the board of supervisors or

county legislative body, one member shall represent the landowners of

the county and one member shall represent the sportsmen of the county.

Such members from each county shall be appointed by the chairman of the

board of supervisors of such county with the approval of the board of

supervisors, except that in a county having a county president, a county

executive or other chief executive officer, the chief executive officer

shall appoint the members representing such county with the approval of

the board of supervisors of such county. In a county having an elected

legislative body the presiding officer shall appoint the members

representing such county with the approval of the legislative body. If

there is no presiding officer then the members representing such county

shall be appointed by the legislative body as a whole. If a member of

the board of supervisors or legislative body is not available to

actively participate on the fish and wildlife management board, a

representative shall be selected who is an elected county official or

who is employed by the county government in a position having

administrative or managerial authority. A landowner representative must

actually reside upon rural lands within the county and actually be

engaged in the operation of such lands for production of agricultural

commodities or forest products. If a landowner representative with such

qualifications is not available to actively participate on the fish and

wildlife management board, a representative may be appointed who has

been for at least five of the past ten years, before commencing his

first term in any series of consecutive terms, engaged in such operation

of rural lands, and who resides within the county he represents. If no

landowner representative with either of these qualifications is

available to actively participate on the fish and wildlife management

board a representative may be appointed who is a resource manager

engaged in such operations on rural lands, and designated by the

corporate owner of those lands to represent the landowner's agricultural

or silvicultural interests. In the case of certain counties designated

by the full state board with a scarcity of rural lands operated for

production of agricultural commodities or forest products, the landowner

representative shall own such rural lands in New York state, whether or

not those properties lie within the county wherein he resides and

represents. A sportsman representative must be a resident of the county.

The said chief executive officer, presiding officer or legislative body

shall receive and consider for appointment as the landowner

representative, the recommendations made by the county farm bureau and

Pomona grange, and for appointment as the sportsmen's representative,

the recommendations made by the county units of organized sportsmen's

groups, as well as considering the advantages of new representatives.

The term of office of regional board members shall be two calendar

years. A member shall be eligible for reappointment to successive terms

of office where otherwise qualified. The term of the sportsmen's

representative and the board of supervisors or county legislative body

representative shall expire at the end of the odd numbered years; the

term of the landowner representative shall expire at the end of the even

numbered years. An alternate board of supervisors or county legislative

body representative, sportsmen's representative and landowner

representative may also be appointed, who shall be available to serve in

the event of the temporary inability of the member sportsmen's

representative or member landowner representative or board of

supervisors or county legislative body representative to so function. A

vacancy in membership of a regional board shall be filled in the same

manner as the original appointment for the balance of the unexpired term

during which the vacancy occurs; if a supervisor member or county

legislative body member shall cease to be a supervisor or member of the

legislative body before the expiration of his term as a member of the

regional board, a successor shall be appointed for the unexpired balance

of the term as a member of the regional board. The chairman of the Board

of Directors of each soil and water conservation district and the

chairman of each regional forest practice board within the fish and

wildlife management region, or his or their representatives, shall be

advisory members without vote.

b. Each regional board shall elect annually from its members a

chairman, a vice chairman and a representative to the state board and

may elect a secretary. The regional supervisor for natural resources may

serve as secretary of the board if the board so requests, but in any

event such supervisor's services shall always be available to the board.

5. State fish and wildlife management board.

a. There shall be a state fish and wildlife management board which

shall consist of three representatives, one each representing

landowners, sportsmen, and county legislative bodies, from each of the

existing regional boards, and, as advisory members of the board without

vote, the following persons during their term of office as such, or

their representatives: the Commissioner of Environmental Conservation,

the Commissioner of Agriculture and Markets, the Commissioner of

Transportation, the Commissioner of Parks, Recreation and Historic

Preservation, the dean of the New York State College of Agriculture and

Life Sciences, the president of the State University of New York College

of Environmental Science and Forestry, the chairman of the State Soil

and Water Conservation Committee, the chairman of the State Forest

Practice Board, the president of the New York Farm Bureau, the Master of

the New York State Grange, the president of the New York State

Conservation Council, and the president of the New York State Division

of Izaak Walton League.

b. Each member other than the advisory members shall be elected by and

from the membership of the respective regional boards for a term of one

year from the day of his election, unless within such period he shall

cease to be a member of the regional board which elected him, in which

event he shall cease to be a member of the state board on the day he

ceases to be a member of such regional board. Any vacancy in the state

board other than in the office of an advisory member shall be filled for

the balance of the unexpired term so vacated by election from its

membership by the regional board in which such vacancy occurred.

c. The members of the state board shall elect one of their voting

members to serve as chairman, and another as vice chairman, to serve in

the absence or inability to serve of the chairman. An officer of the

department designated by the commissioner may act as secretary for the

board if the board so elect; otherwise a secretary shall be elected from

the membership.

d. The state board shall meet at the call of the chairman or secretary

when and where necessary within the state.

6. Regional and state board members; expenses.

Regional and state board members, including advisory members, shall

receive no salary, but their necessary traveling expenses when attending

meetings of the regional or state boards shall be paid from moneys

appropriated to the department for travel and shall be paid on vouchers

certified by the chairman of the appropriate regional board or state

board upon the audit of the comptroller in the manner provided by law.

7. Duties of regional boards.

a. Each regional board shall formulate a statement of fish and

wildlife management practices appropriate for its region and submit it

for approval to the state board and the commissioner. After such a

statement of practices has been approved by the state board and the

commissioner, the regional board shall formally adopt such statement of

practices and encourage landowners, lessees and sportsmen within the

region to adopt and carry out the practices approved.

b. A copy of each resolution so adopting a statement of practices

shall be filed in the principal office of the department.

c. Any practices formulated in specific terms shall, unless otherwise

expressly limited by the words "without variation", "without

alternative", or the like, be interpreted as permitting such variations

or alternatives as shall be accepted by the regional board as satisfying

the purpose of the practices. But no such variation or alternatives

shall be deemed to be a compliance with the practices for purposes of

subdivisions 9 and 10 unless the approval of the regional board is

recorded in writing.

8. Duties of the state board.

a. The state board shall pass upon and approve or disapprove the fish

and wildlife management practices formulated by the regional boards. The

state board may, with the advice of the commissioner, and upon

recommendations from the regional boards, formulate recommended uniform

fish and wildlife management practices for similar ecological types

within the various ecological regions of the state. Such uniform

practices may thereafter be incorporated expressly or by reference in

the statement of practices formulated by regional boards, but shall not

be operative as practices of any region unless so incorporated.

b. The state board shall also have the following duties and powers:

(1) to recommend to the regional boards such policies and procedures

for the carrying out of fish and wildlife management practices as it

deems appropriate;

(2) to keep the several regional boards informed of the activities and

experience of all other regional boards in the state and to facilitate

an interchange of advice and experience between such regional boards and

cooperation between them, and to provide advice and assistance in

coordinating the programs of the several regional boards.

c. The state board may submit to the commissioner, recommendations

with respect to matters delegated by statute to the department in any

case where a statute or regulation of the department may affect the

carrying out of fish and wildlife management practices under this

section.

9. Cooperation agreements.

a. The commissioner shall have power, through his representative, to

enter into an agreement in writing with an owner or lessee of rural

lands or waters lying within a fish and wildlife management region or an

interest in such lands or waters, or with two or more such owners or

lessees who agree jointly and severally, for furnishing of services and

benefits as provided in subdivision 10, in exchange for and subject to

the condition that such owner or lessee, or owners or lessees, adopt and

carry out for a specified period of time, upon such premises or

specified parts thereof, one or more of the fish and wildlife management

practices adopted by the regional board.

b. The commissioner shall provide standard forms for such cooperation

agreements.

c. The agreement shall state the period during which it shall be in

force and may provide for renewal. It may also provide for termination

before the expiration of such period, and for the conditions upon which

and the manner in which any privilege of termination may be exercised.

d. Without limitation by paragraph c or by any term of the agreement

pursuant to paragraph c the failure of a cooperator, or of any one of

two or more cooperators who agree jointly and severally, to perform his

agreement shall relieve the commissioner and the state from the

obligation to furnish the services and benefits provided for in

subdivision 10.

10. State assistance.

a. Upon the establishment of such region, the commissioner may, and

upon organization of the regional board, the commissioner shall provide

personnel from the department to assist the boards and the cooperators

within the region.

b. The commissioner shall furnish to cooperators:

(1) technical services;

(2) trees and shrubs from any of the nurseries operated by the

department without charge at the nursery, to the extent and subject to

the conditions specified in the agreement with the cooperator;

(3) a subscription, without cost, to the New York State

Conservationist magazine.

c. The commissioner may also furnish to cooperators such further

technical assistance, labor and materials, as may be required in

compliance with practices approved by the region and authorized by order

of the commissioner.

d. The commissioner may also furnish to premises covered by an

agreement and to fish and wildlife upon such premises such protection by

way of posting, patrol by environmental conservation officers or forest

rangers, inspection or checking stations, fire patrols or other

appropriate means, within the limitation of appropriations and of the

manpower available as may be advisable in his judgment to protect fish

and wildlife resources, provide for public safety and encourage the

opening of private lands and waters to public hunting and fishing; but

neither this subdivision nor any provision of any agreement pursuant to

this section shall be deemed to constitute an undertaking by the state

or the department on its behalf to furnish such posting, patrol or

protection and neither such agreement nor any provision of the Fish and

Wildlife Law shall be deemed to create a ground of liability of the

state for damage to person or property caused by the failure or neglect

of the state or its agents, officers or employees to furnish such

posting, patrol or protection.

e. The agreement with the cooperator may provide for use by him for

purposes compatible with its function in wildlife management, of any

structure or facility created or maintained on his premises with funds

of the department, or for furnishing to him the incidental products of

any activity conducted on his premises for purposes of wildlife

management.

Polluting streams prohibited.

1. No dyestuffs, coal tar, refuse from a gas house, cheese factory,

creamery, condensary or canning factory, sawdust, shavings, tan bark,

lime, acid, oil or other deleterious or poisonous substance shall be

thrown or allowed to run into any waters, either private or public, in

quantities injurious to fish life, protected wildlife or waterfowl

inhabitating those waters or injurious to the propagation of fish,

protected wildlife or waterfowl therein.

2. a. No person shall place sewage or other matter injurious to fish

where it can find its way into water used by any state fish hatchery or

allow others to do so on or through premises owned or occupied by him.

b. No person shall erect or maintain any privy, pigsty, inclosure for

poultry, barn or barnyard, or drain from any building, whence drainage

or refuse may find its way into water used by any state fish hatchery.

Every such privy, pigsty, inclosure, barn, barnyard and drain is hereby

declared to be a public nuisance and may be summarily abated by the

department.

3. Oil, acid, sludge, cinders or ashes from a vessel of any type shall

not be thrown, dumped or allowed by any person to run into the waters of

the Hudson or Mohawk rivers.

4. No earth, soil, refuse or other solid substances, except snow or

ice, shall be disposed of in any stream or tributary thereto which is

inhabited by trout; nor shall any earth, soil, refuse or other solid

substance, except snow or ice, be disposed of on the banks of trout

streams or tributaries thereto in such a manner that such solid

substance can enter the stream at any stage of water level. Dumps and

disposal areas for refuse along the banks of trout streams, or

tributaries thereto, shall be operated by the owner or lessee of such an

area in such manner that the solid substances deposited thereon shall

not enter the stream at any stage of water level.

5. This section does not prohibit the control or elimination of

aquatic vegetation, insects and aquatic animals, authorized by the

department in order to effectuate the provisions of paragraph a of

subdivision 2 of section 11-1911 and subdivision 8 of section 11-1913 of

the Fish and Wildlife Law.

6. Nothing contained in this section shall prohibit the enactment by

the appropriate governing or legislative body of any county, city, town

or village of local laws, not inconsistent with this chapter,

prohibiting the disposal of earth, soil, refuse, or other solid

substance, in streams, ponds or lakes within its jurisdiction.

Interference with fish and wildlife.

1. a. Except as permitted by the department, no person shall obstruct

the passage of fish in any stream or river by a screen or otherwise. The

department may order such obstruction removed by the person erecting the

same or by the owner of the land on which it is located. A copy of the

order shall be served on such person or owner and failure to comply with

its terms within ten days after service thereof shall be deemed a

violation of this subdivision. This subdivision shall not apply to dams

heretofore or hereafter erected.

b. Flumes or raceways in streams stocked with fish by the state shall

be screened as the department may direct.

2. No person shall:

a. hold back or divert water in any stream which supplies a state

hatchery so as to prevent the flow of sufficient water for hatchery

purposes, or

b. take fish from the waters of any state hatchery operated by the

department, except under the authority of the department.

* 3. No deer or bear traps shall be made, set or used upon land

inhabited by deer or bear. No salt lick shall be made, set or used upon

land inhabited by deer or bear, except that:

a. the department may do so on state wildlife refuges and wildlife

management areas; and

b. a nuisance wildlife specialist with a permit issued pursuant to

section 11-0522 of this title may do so provided that such activities

are in furtherance of the site-specific deer management plan.

c. a nuisance wildlife specialist with a permit issued pursuant to

section 11-0522-a of this title may do so provided that such activities

are in furtherance of the site-specific deer management plan.

* NB Effective until January 1, 2027

* 3. No deer or bear traps shall be made, set or used upon land

inhabited by deer or bear. No salt lick shall be made, set or used upon

land inhabited by deer or bear, except that the department may do so on

state wildlife refuges and wildlife management areas.

* NB Effective January 1, 2027

4. No person shall use any device which prevents frogs from having

free access to and egress from water.

5. No person shall rob or wilfully destroy a nest of any protected

birds unless a permit shall first be obtained from the department.

6. Except as permitted by the department, no person shall at any time

disturb a beaver dam, house or den or a muskrat house or den or any

structure constructed by a muskrat in which it can take shelter.

7. No person shall at any time disturb a nest box or any structure

constructed for the purpose of harboring wild birds whether or not such

structure is inhabited by wild birds, except for annual maintenance of

such structure or when deemed necessary by the owner of the property

whereupon such structure is located.

8. No person shall place, give, expose, deposit, distribute or scatter

any substance with the intent to attract or entice deer to feed within

three hundred feet of a public highway. Normal agricultural practice of

planting, cultivating or harvesting and the feeding of deer held captive

for agricultural purposes or the feeding of deer held captive in zoos

and wildlife parks shall not be considered attracting or enticing deer

to feed for the purposes of this section.

* 9. A nuisance wildlife specialist with a permit issued pursuant to

section 11-0522 of this title may, in accordance with the parameters of

such permit and the consultation of local law enforcement, entice deer

in the manner prohibited in subdivision eight of this section provided

that such activities are in furtherance of the site-specific deer

management plan.

* NB Repealed January 1, 2027

* 10. A nuisance wildlife specialist with a permit issued pursuant to

section 11-0522-a of this title may, in accordance with the parameters

of such permit and the consultation of local law enforcement, entice

deer in the manner prohibited in subdivision eight of this section

provided that such activities are in furtherance of the site-specific

deer management plan.

* NB Repealed January 1, 2027

Liberation of fish, shellfish and wildlife.

1. Fish or fish eggs shall not be placed in any waters of the state

unless a permit is first obtained from the department; but no permit

shall be required to place fish or fish eggs in an aquarium.

2. No person shall liberate or import or cause to be imported for the

purpose of liberation within the state any European hare (Lepus

europaeus), European or San Juan rabbit (Oryctolagus cuniculus), Texas

or jack rabbit (Lepus californicus), gray fox (Urocyon

cinereoargenteus), including captive bred gray fox, red fox (Vulpes

vuples), including captive bred red fox or nutria (Myocastor coypus),

whether taken from within or without the state. Nutria may be imported

only by permit of the department for scientific, exhibition or for

breeding purposes.

3. No person shall willfully liberate within the state any wildlife

except under permit from the department. The department may issue such

permit in its discretion, fix the terms thereof and revoke it at

pleasure. These provisions do not apply to migratory game birds,

importation of which is governed by regulation of the department.

4. No person shall intentionally liberate zebra mussels (Dreissena

polymorpha) into any waters of the state. No person shall buy, sell, or

offer to buy or sell, or intentionally possess or transport zebra

mussels except under a license or permit issued pursuant to section

11-0515. Zebra mussels, except those lawfully held pursuant to a license

or permit, may be destroyed by any person at any time.

Water chestnut.

No person shall plant, transport, transplant or traffic in plants of

the water chestnut or the seeds or nuts thereof nor in any manner cause

the spread or growth of such plants.

Possession and transportation of wildlife.

Subject to the provisions of section 11-0512 of this article, no

person shall, except under a license or permit first obtained from the

department containing the prominent warning notice specified in

subdivision nine of section 11-0917 of this article, possess, transport

or cause to be transported, imported or exported any live wolf, wolfdog,

coyote, coydog, fox, skunk, raccoon, venomous reptile, endangered

species designated pursuant to section 11-0535 of this title, species

named in section 11-0536 of this title or other species of native or

non-native live wildlife or fish where the department finds that

possession, transportation, importation or exportation of such species

of wildlife or fish would present a danger to the health or welfare of

the people of the state, an individual resident or indigenous fish or

wildlife population. Environmental conservation officers, forest rangers

and members of the state police may seize every such animal possessed

without such license or permit. No action for damages shall lie for such

seizure, and disposition of seized animals shall be at the discretion of

the department.

Possession, sale, barter, transfer, exchange and import of

wild animals as pets prohibited.

1. It shall be prohibited for any person to:

a. knowingly possess, harbor, sell, barter, transfer, exchange or

import any wild animal for use as a pet in New York state, except as

provided in subdivision three of this section; or

b. intentionally release or set at-large any wild animal, authorized

by this section for use as a pet, from the location where the animal is

permitted to be possessed or harbored.

2. This section shall not apply to the following persons and entities

with respect to wild animals owned or harbored by them solely for a

purpose other than for use as a pet:

a. Zoological facilities licensed pursuant to 7 USC. Sec. 2131 et

seq.;

b. Exhibitors licensed pursuant to the Animal Welfare Act, 7 USC.

Sections 2132-2134 and reptile exhibitors who have demonstrated to the

department, in accordance with regulations promulgated by the

commissioner, that the sole purpose for which the wild animal or animals

are used is for exhibition to the public for profit or compensation;

c. Research facilities as defined in the Animal Welfare Act, 7 USC.

Section 2132 (e), which are licensed by the United States Secretary of

Agriculture;

d. Licensed veterinarians and incorporated humane societies, animal

shelters, societies for the prevention of cruelty to animals or animal

welfare organizations in temporary possession of wild animals;

e. State universities, private colleges or universities, or state

agencies working with wild animals;

f. Wildlife rehabilitators licensed pursuant to the provisions of

subdivision three of section 11-0515 of this title and regulations

promulgated thereunder, who are tending to sick or injured wild animals;

g. A person having custody of a wild animal solely for the purpose of

transporting it to a licensed veterinarian, wildlife rehabilitator,

humane society or other entity authorized by this section to handle or

treat wild animals;

h. A wildlife sanctuary as defined in subdivision thirty-two of

section 11-0103 of this article;

i. A person who is not a resident of this state who is in the state

only for the purpose of travelling between locations outside the state.

In no event shall this time period exceed ten days;

j. A person who is paralyzed from the neck down who possesses a new

world monkey trained to perform tasks for its owner by an organization

described in section 501(c) of the Internal Revenue Code of 1986 and

dedicated to improving the quality of life of persons paralyzed from the

neck down.

3. Any person who possesses or harbors a wild animal for use as a pet

at the time that this section takes effect may retain possession of such

animal for the remainder of its life, provided that such person:

a. Has not been convicted of any offense relating to cruelty to

animals or under a judicial order prohibiting possession of animals;

b. Applies to the department within six months of the effective date

of this section, and obtains from the department, a license pursuant to

subdivision four of this section;

c. Complies with all applicable federal, state, or local laws,

including any ordinance, rule or regulation adopted by a local board of

health, or any rules and regulations established by the department as

requisites for ownership of such wild animal; and

d. Reports a release to the local police department and animal control

immediately upon discovery of the release. Each escape during a twelve

month period of time will subject the possessor to penalties by the

department pursuant to subdivisions eight and nine of this section.

4. The department shall be required to issue licenses authorizing

possession of wild animals only to those persons who comply with the

provisions of subdivision three of this section and with any regulations

promulgated by the department thereunder. Such licenses shall be valid

in any jurisdiction within the state where possession of a wild animal

is not prohibited by local law or ordinance, rule or regulation adopted

by a local board of health, and shall be renewable biennially during the

life of the animal subject to continued compliance with the provisions

of this section and with any regulations promulgated thereunder. The

department shall forward copies of such licenses to the clerk of the

city, town or village in which each wild animal is harbored.

a. License applications shall include, but shall not be limited to,

the following:

(1) The name, address and telephone number of the person who owns,

possesses or harbors the wild animal or animals, including an

acknowledgment that the person who owns, possesses or harbors the wild

animal or animals is twenty-one years of age or older.

(2) The address of the location where the wild animal or animals will

be kept, if different from the above.

(3) A detailed description of each wild animal owned, possessed or

harbored, including species, gender, age, any identifying

characteristics, and an identification tag or tattoo if required by the

department, with proof, acceptable to the department, that each such

wild animal was acquired prior to the effective date of this section.

(4) The name, address and telephone number of the veterinarian, who

has agreed to treat the wild animal.

(5) An acknowledgment indicating that the wild animal or animals will

not be bred.

(6) A detailed certification establishing that the location in which

the wild animal will be kept complies with all appropriate standards of

care and at minimum complies with the standards for animal care set

forth in the Federal Animal Welfare Act and other applicable federal,

state and local standards, including, but not limited to housing,

temperature, ventilation, drainage, sanitation, food, water, exercise

and veterinary care appropriate to the species and sufficient to

maintain the wild animal in good health.

(7) An acknowledgment that the wild animal will not be tied, tethered,

or chained outdoors, allowed to run at large and that the wild animal

will not be brought to any public park or commercial or retail

establishment unless it is being brought to a veterinarian or veterinary

clinic.

(8) An acknowledgment that possession, harboring or owning such wild

animal does not violate any applicable federal, state or local law,

including any ordinance, rule or regulation adopted by a local board of

health.

b. The department shall set biennial license fees for the possession

of wild animals pursuant to subdivision three of this section in an

amount determined to be reasonable but not more than one hundred

seventy-five dollars for two years for each wild animal. License fees

shall be used solely for the implementation and enforcement of this

section.

5. The provisions of the state administrative procedure act shall

apply to the denial or revocation of a license.

6. Any person in possession of a wild animal as a pet that has been

granted a license pursuant to subdivision four of this section shall not

breed, or sell, trade, barter or exchange such wild animal.

7. A person possessing, owning or harboring a wild animal who is

denied a license pursuant to subdivision four of this section, or whose

license is revoked, shall surrender such wild animal to the department

or an authorized agent thereof at a location designated by the

department for such surrender or a police or peace officer of this

state, a local animal control officer, or a duly incorporated society

for the prevention of cruelty to animals, or provide proof that the

animal has been humanely euthanized according to American Veterinary

Medical Association standards by a licensed veterinarian.

8. The department, any police or peace officer of this state, a local

animal control officer, or a duly incorporated society for the

prevention of cruelty to animals is hereby authorized to enforce the

provisions of this section and issue notices of violation to persons in

violation of this section, and shall have the authority to seize any

wild animal held in violation of this section. A county society for the

prevention of cruelty to animals must obtain a warrant before seizing a

wild animal or arresting a person who owns or possesses a wild animal

under this section. Wild animals seized or surrendered pursuant to the

provisions of this section shall be transferred to a duly incorporated

wildlife sanctuary as defined in this section, or a zoological facility,

or shall be humanely euthanized. Any costs associated with seizing,

transferring, recapturing or euthanizing a wild animal shall be borne by

the person who owned, harbored or possessed the animal. The department

shall also have the authority to seek injunctive relief in any court of

appropriate jurisdiction to prevent continued violations of this

section.

9. Notwithstanding any other provision of law, any person who

knowingly breeds a wild animal or knowingly possesses, owns, harbors,

sells, barters, transfers, exchanges, or imports a wild animal for use

as a pet or intentionally releases or sets at-large any wild animal,

authorized by this section for use as a pet, from the location where the

animal is permitted to be possessed or harbored in violation of the

provisions of this section shall be subject to a penalty of not more

than five hundred dollars for the first offense and not more than one

thousand dollars for a second and subsequent offenses. Each instance of

breeding, owning, harboring, sale, barter, release, transfer, exchange,

or import of a wild animal in violation of this section shall constitute

a separate offense.

10. Nothing contained in this section shall prevent any city, town or

county from enacting more restrictive provisions governing the

possession of wild animals for use as pets.

Pigeons.

1. No person shall at any time, by any means or in any manner capture,

kill or attempt to capture or kill any Antwerp or homing pigeon, wearing

a ring or seamless leg band with its registered number stamped thereon;

nor shall any person remove such mark. No person except the lawful owner

shall detain, possess, or transport Antwerp or homing pigeons wearing a

ring or seamless leg band with the registered number thereon.

2. Notwithstanding any other law to the contrary, the local

legislative body of any city, town or village, or in the city of New

York the Department of Health may take or issue a permit to any person

to take pigeons at any time and in any humane manner in such

municipality, whenever such body or administration finds that pigeons

within such municipality are or may become a menace to public health or

a public nuisance; provided, however, that no pigeon may be taken in a

manner which will endanger other animal life, persons or property.