N.Y.
Environmental Conservation Law Section 45-0117
Jurisdiction and administration
1.
The department is hereby authorized to manage and exercise custody and control over lands dedicated pursuant to this article or to contract with any city, county, town or village, or any combination thereof, or any state agency or the Albany Pine Bush commission established under article 46 (Albany Pine Bush Preserve Commission)article forty-six of this chapter for the management, custody and control of such real property subject to such conditions as may be approved by the director of the budget.2.
The lands dedicated to the preserve are enumerated as follows:a.
Skenoh Island in the town of Canandaigua, county of Ontario more fully described in chapter three hundred fifty-two of the laws of nineteen hundred seventy-five.b.
Showy Lady Slipper parcel in the town of New Hudson, county of Allegany more fully described in chapter one hundred thirty-three of the laws of nineteen hundred seventy-seven.c.
Parrish Gully in the town of Italy, county of Yates more fully described in chapter one hundred thirty-three of the laws of nineteen hundred seventy-seven.d.
Clark Gully in the towns of Middlesex and Italy, county of Yates more fully described in chapter one hundred thirty-three of the laws of nineteen hundred seventy-seven.e.
Cicero Swamp in the town of Cicero, county of Onondaga more fully described in chapter one hundred thirty-three of the laws of nineteen hundred seventy-seven.f.
Labrador Hollow in the town of Fabius, county of Onondaga and the town of Truxton, county of Cortland more fully described in chapter three hundred thirty-six of the laws of nineteen hundred eighty-six.g.
Reinstein Woods in the town of Cheektowaga, county of Erie more fully described in chapter five hundred twenty-two of the laws of nineteen hundred eighty-nine.h.
Bog Brook in the town of Southeast and Patterson, county of Putnam more fully described in chapter five hundred twenty-two of the laws of nineteen hundred eighty-nine.i.
The Oak Brush Plain State Preserve in the towns of Babylon and Huntington, county of Suffolk more fully described in chapter six hundred thirty-five of the laws of nineteen hundred eighty-seven.j.
The David A. Sarnoff Pine Barrens in the town of Southampton, county of Suffolk more fully described in chapter two hundred forty-nine of the laws of nineteen hundred ninety-three.k.
The Rocky Point Natural Resources Management Area in the town of Brookhaven, county of Suffolk more fully described in chapter two hundred forty-nine of the laws of nineteen hundred ninety-three.l.
State lands dedicated to the Albany Pine Bush preserve pursuant to article 46 (Albany Pine Bush Preserve Commission)article forty-six of this chapter.m.
The Camillus forest unique area in the town of Camillus, county of Onondaga more fully described in chapter four hundred sixty-three of the laws of two thousand five.n.
The Zoar Valley Unique Area in the Towns of Otto and Persia, county of Cattaraugus and the town of Collins, county of Erie more fully described in the chapter of the laws of two thousand seven which added this paragraph.3.
Lands dedicated to the preserve are declared to be put to their highest, best and most important use and are to be held for one or more of the following purposes:a.
As natural areas for maintaining plants, animals and natural communities, including preservation of old-growth forests dedicated to the preserve specifically for that purpose;b.
As reservoirs of natural materials and ecological processes that contribute to the state’s biological diversity;c.
As field laboratories for scientific research and education in the natural sciences, including the fields of biology, conservation, ecology, geology, natural history and paleontology; andd.
As places of natural and historical interest and beauty which provide the public with passive recreational opportunities including, where appropriate, fishing, hunting and trapping, or commercial fishing opportunities that are compatible with protecting the ecological significance, historic features and natural character of the area.4.
The department, or the city, county, town, village or state agency exercising control over the site pursuant to subdivision one of this section, shall develop a written stewardship plan for each site dedicated to the preserve. Such plan shall include a description of stewardship activities required to monitor, protect, enhance and where appropriate actively manage the ecological, scenic, wilderness, geological or historic resources that merited dedication of the site to the preserve. Such plan shall also provide for passive recreational uses, including, where appropriate, fishing, hunting and trapping, or commercial fishing opportunities that are compatible with protecting the ecological significance, historic features and natural character of the site.5.
Nothing in this article shall be construed to diminish an existing property right held by any person who owns any interest in any real property that is located adjacent to any real property dedicated to the preserve.
Source:
Section 45-0117 — Jurisdiction and administration, https://www.nysenate.gov/legislation/laws/ENV/45-0117 (updated Jul. 8, 2022; accessed Apr. 13, 2024).
