N.Y. Environmental Conservation Law 52-0701 – Approval and execution of state projects
§ 52-0701. Approval and execution of state projects.
Terms Used In N.Y. Environmental Conservation Law 52-0701
- Commissioner: means the commissioner of environmental conservation except that within and for the purposes of title nine of this article, the term shall mean the commissioner of parks, recreation and historic preservation. See N.Y. Environmental Conservation Law 52-0101
- Environmentally sensitive lands project: means a state project to preserve aquifer recharge areas, areas of exceptional scenic beauty or exceptional forest character, open space, pine barrens, public access, trailways, unique character, wetlands, and wildlife habitat, as defined below:
(a) "Aquifer recharge area" means the location at which water can enter an aquifer directly or indirectly. See N.Y. Environmental Conservation Law 52-0101 - Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
1. State environmentally sensitive land projects and forest preserve projects shall be undertaken pursuant to the provisions of this article only with the approval of the commissioner.
2. The commissioner shall make an itemized estimate of funds or appropriations required annually for inclusion in the executive budget.
3. The commissioner shall, after hearings and prior to the approval of any environmentally sensitive land projects and forest preserve projects, promulgate rules and regulations which shall include but need not be limited to: eligibility requirements, departmental ranking and review processes, project approval guidelines and criteria, and funding distribution for forest preserve projects and for each type of environmentally sensitive lands project as defined in subdivision four of section 52-0101 of this article.
4. Real property acquired with monies provided through this title shall not be sold or disposed of, or used for any purpose inconsistent with the natural resource value for which it was acquired, without the express authority of the legislature. Prior to the implementation of any sale, disposal, or change of use authorized by the legislature, the agency authorized to sell, dispose of or change the use of any such lands shall first provide substitute lands of equal fair market value, equivalent natural resource value and similarly suitable location as approved by the commissioner.