Section 45-0117. Jurisdiction and administration


Latest version.
  • 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 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. Squaw 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 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; and
        d.  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.