N.Y. Environmental Conservation Law Section 43-0107
Powers


The commission shall have power to:

1.

Sue and be sued.

2.

Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this article.

3.

Establish and maintain such facilities as may be necessary for the transacting of its business.

4.

Utilize, to the extent feasible, the staff and facilities of existing state agencies, pursuant to an allocation to be made by the director of the budget.

5.

Hold hearings and subpoena witnesses in the exercise of its powers, functions and duties provided for by this article.

6.

Contract for professional and technical assistance and advice.

7.

Contract for and to accept assistance, including but not limited to gifts, grants or loans of funds or of property from the federal government or any agency or instrumentality thereof, or from any agency or instrumentality of the state, or from any other public or private source and to comply, subject to the provisions of this article, with the terms and conditions thereof, subject to the approval of the director of the budget.

8.

Adopt, amend and repeal, after public hearing according to the provisions of the state administrative procedure act (except in the case of rules and regulations that related to the organization or internal management of the agency), such rules and regulations, consistent with this article, as it deems necessary to administer this article, and to do any and all things necessary or convenient to carry out the purpose and policies of this article and to exercise all powers granted by law.

9.

Adopt, amend and repeal, after public hearing according to the provisions of the state administrative procedure act, rules and regulations relating to tree-cutting within the park; provided, however, that nothing herein shall prevent a municipality from adopting a law, code, ordinance or regulation which is more stringent than such rules and regulations adopted by the commission.

10.

Encourage individuals, corporations, associations and organizations to acquire real property or interests or rights in real property for the preservation of open space characterized by natural scenic beauty or conditions enhancing parkwide qualities, and to preserve such lands or interests or rights in real property through the establishment of land trusts and other lawful means for protecting and preserving such lands.

11.

Encourage and assist in the creation of special local improvement districts for purposes including control of storm water runoff problems and the acquisition of significant environmental areas, including wetlands, to control such problems.

12.

Study, monitor and inspect for pollution from any source within the park and to enforce the provisions of this article and any regulations promulgated pursuant thereto, cooperate with, aid and assist municipalities and state agencies in enforcing the laws affecting or applying to Lake George and the area lying within the park and undertake projects to abate pollution and preserve water quality.

13.

Take into consideration the cumulative impact upon all of the resources of the park in making any determination or taking actions pursuant to the powers of this article.

14.

Intervene in proceedings before state agencies including the department and the Adirondack park agency on matters affecting the park.

15.

Encourage individuals, corporations, associations, and organizations to preserve and enhance the natural scenic beauty of Lake George and lands within the Lake George park.

16.

Adopt, sponsor, and encourage the use of forms of deeds, agreements, covenants, and other legal documents by means of which owners of real property within the Lake George park may voluntarily prohibit, restrict, and control the use thereof for commercial purposes.

17.

Encourage owners of real property within the Lake George park by written instruments to prohibit, restrict, or control voluntarily the use of such real property for commercial purposes.

18.

Acquire interests or rights in real property within the Lake George park for the purpose of prohibiting, restricting, or controlling the use of such real property for commercial purposes.

19.

Establish rules, regulations, and procedures by or pursuant to which the commission may authorize or permit a necessary or desirable use of land or prevent unnecessary hardship in an individual or particular instance by altering or modifying in whole or in part any restriction contained in any conveyance to or agreement with the commission or which the commission has power to alter or modify.

20.

Encourage, cooperate with, aid, and assist municipalities lying wholly or partly within the Lake George park in the preparation and adoption of zoning laws or ordinances and other local legislation prohibiting, restricting, regulating, or controlling the uses of real property for commercial purposes within the Lake George park.

21.

Make maps and plans for proposed or permanent zones.

22.

Establish as a proposed zone any area of land, exclusive of state or municipally owned land, lying within the Lake George park.

23.

Alter, reduce, or extend any such proposed zone.

24.

Establish as a permanent zone any area of land, exclusive of state or municipally owned land, lying within the Lake George park in which the use of all real property for commercial purposes is (a) prohibited, or

(b)

restricted or controlled.

25.

Alter or extend a permanent zone under the procedure applicable to the original establishment of a permanent zone.

26.

Enter upon any land, water, or premises within the Lake George park at reasonable times for the purpose of making surveys.

27.

Cooperate with, aid, and assist municipalities and law enforcement agencies in enforcing laws affecting or applying to Lake George and the area lying within the Lake George park.

28.

In cooperation with existing law enforcement agencies, arrange for the appointment of patrolmen who, within the Lake George park, shall have the powers set forth in § 71-0202 (Enforcement)section 71-0202 of this chapter in respect to the enforcement of all laws and local ordinances or laws pertaining to Lake George or the Lake George park. Pursuant to this subdivision, members and employees of the commission may be appointed patrolmen but if appointed shall serve without compensation. Such patrolmen shall have the right to use sirens, display flags, or other identifying insignia and wear badges while engaged in law enforcement activities within the Lake George park.

29.

Promote the study of the history, historical significance, natural science, and lore of Lake George and the area within the Lake George park and in cooperation with the Education Department to preserve the historical relics found in or near Lake George.

30.

Encourage individuals, corporations, associations, organizations, and municipalities to protect and preserve the purity of the waters of Lake George.

31.

Establish advisory committees and enlist and accept the support and cooperation of organizations of property owners or others interested in promoting the purposes and objectives of this article.

32.

Do all things necessary or convenient to carry out the powers expressly granted by this article.

Source: Section 43-0107 — Powers, https://www.­nysenate.­gov/legislation/laws/ENV/43-0107 (updated Sep. 22, 2014; accessed Jun. 22, 2024).

Accessed:
Jun. 22, 2024

Last modified:
Sep. 22, 2014

§ 43-0107’s source at nysenate​.gov

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