Section 56-0307. Open space land conservation projects

1.  The  commissioner  and  the  commissioner  of the office of parks,
  recreation and historic preservation are authorized  to  undertake  open
  space  land  conservation projects, in cooperation with willing sellers.
  In  undertaking  projects,  the  respective  commissioner   shall   give
  consideration  to  the plan prepared pursuant to section 49-0207 of this
  chapter.  Projects  shall  develop,  expand  or  enhance  water  quality
  protection  or  public access to water bodies, including but not limited
  to coastlines, aquifers, watersheds, lakes, rivers and streams.
    2. Projects which are not identified in  the  state  land  acquisition
  plan  prepared  pursuant to section 49-0207 of this chapter shall not be
  proposed for acquisition by the state under this section  if  any  town,
  village, or city within which such project is located notifies the state
  of   its   objection  to  such  acquisition.  Such  objection  shall  be
  transmitted by resolution within ninety days of the notification by  the
  state  of  its  interest  in such acquisition to the commissioner of the
  office  of  parks,  recreation  and  historic  preservation  and   shall
  effectively prevent the state from undertaking such acquisition.
    3.  The  commissioner  or  the  commissioner  of  the office of parks,
  recreation and historic preservation may enter into an agreement for the
  maintenance and operation  of  open  space  land  conservation  projects
  outside  the  Adirondack  or  Catskill Parks undertaken pursuant to this
  section  by   a   municipality,   a   not-for-profit   corporation,   or
  unincorporated  association  which  demonstrates  to  the commissioner's
  satisfaction that it is financially or otherwise  capable  of  operating
  and  maintaining  the  project  for  the  benefit  of  the public and of
  maximizing public access to  such  project.  Any  such  agreement  shall
  contain  such  provisions  as  shall  be  necessary  to  ensure that its
  operation and maintenance are consistent with, and  in  furtherance  of,
  this article and shall be subject to the approval of the director of the
  budget, the comptroller and, as to form, the attorney general.
    4.  The  cost of an open space land conservation project shall include
  the cost of preparation of a management plan for  the  preservation  and
  beneficial  enjoyment  of  the  land  acquired  pursuant to this section
  except where such considerations have already been undertaken as part of
  any existing plan applicable to the newly acquired land.
    5. The commissioner  of  agriculture  and  markets  is  authorized  to
  provide  state  assistance  payments to county agricultural and farmland
  protection boards, or to municipalities provided the proposed project is
  endorsed for funding by the agricultural and farmland  protection  board
  for  the county in which the municipality is located, for implementation
  of projects identified in agricultural protection plans pursuant to  the
  program  as  set forth in article twenty-five-AAA of the agriculture and
  markets law.