Section 46-0107. Albany Pine Bush preserve  


Latest version.
  • The  commissioner  shall  maintain  a  record of the boundaries of the
      lands which have been dedicated to the Albany Pine Bush preserve in text
      and depicted on a map.
        1. Land owned by the state may be dedicated to be part of the preserve
      only by action by the commissioner, the commissioner of the state office
      of parks, recreation and historic preservation or  the  commissioner  of
      the state office of general services, provided that state land dedicated
      hereunder  may  also  be  dedicated  to  be part of the state nature and
      historical preserve pursuant to article forty-five of this chapter.
        2. Land owned by a local government may be dedicated to be part of the
      preserve only by action of its local legislative body.
        3. Land owned by private persons or organizations may be dedicated  to
      be  part  of  the  preserve  only  through  the voluntary execution of a
      conservation easement pursuant to article forty-nine  of  this  chapter,
      and  the  acceptance  of  such  instrument  by the commission; provided,
      however, that the commission shall not  have  the  power  or  authority,
      without  the consent of the landowner, to require as a condition of or a
      prerequisite for obtaining any permit, license or other authorization to
      conduct any activity within or adjacent to the preserve, that any  lands
      be dedicated to the preserve.
        4.  Every  proposed  dedication  shall be reviewed and approved by the
      commission.
        5. The commission shall have no authority to  control  or  manage  any
      private  land  unless  such  land  has  been  dedicated pursuant to this
      section or the owner thereof has executed a voluntary written  agreement
      with  the  commission  authorizing the specific management actions which
      may be taken by the commission.