49-0303 – Definitions.
§ 49-0303. Definitions. When used in this title: 1. “Conservation easement” means an easement, covenant, restriction or other interest in real property, created under and subject to the provisions of this title which limits or restricts development, management or use of such real property for the purpose of preserving or maintaining the scenic, open, historic, […]
49-0305 – Conservation Easements; Certain Common Law Rules Not Applicable.
§ 49-0305. Conservation easements; certain common law rules not applicable. 1. A conservation easement may be created or conveyed only by an instrument which complies with the requirements of section 5-703 of the general obligations law and which is subscribed by the grantee. It shall be of perpetual duration unless otherwise provided in such instrument. […]
49-0307 – Procedures for Modifying or Extinguishing Conservation Easement.
§ 49-0307. Procedures for modifying or extinguishing conservation easement. 1. A conservation easement held by a not-for-profit conservation organization may only be modified or extinguished: (a) as provided in the instrument creating the easement; or (b) in a proceeding pursuant to section nineteen hundred fifty-one of the real property actions and proceedings law; or (c) […]
49-0309 – Scope of This Title.
§ 49-0309. Scope of this title. This title shall not affect any interests or rights in real property which are not conservation easements, and shall not affect the rights of owners to convey any interests in real property which they could now create under existing law without reference to the terms of this title. Nothing […]
49-0311 – Severability.
§ 49-0311. Severability. The provisions of this title shall be severable, and if any clause, sentence, paragraph, subdivision or part of this title shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the […]
49-0501 – Designation of Geoparks and Other Sites.
§ 49-0501. Designation of geoparks and other sites. 1. For the purposes of this title, a “geopark” is an area or territory of the state encompassing one or more sites of scientific importance, for not only geological reasons but also by virtue of their archaeological, ecological and cultural value. 2. The commissioner shall study and […]
49-0503 – Establishment of State Geological Trail.
§ 49-0503. Establishment of state geological trail. 1. The commissioner, in cooperation with the commissioners of transportation and economic development, shall establish a state geological trail to include the areas, territories and sites designated by the commissioner pursuant to subdivision two of section 49-0501 of this title. The purpose of such trail shall be to […]
49-0505 – State Geological Planning and Advisory Council.
§ 49-0505. State geological planning and advisory council. 1. For the purposes of this title, “advisory council” means the state geological planning and advisory council established pursuant to this section. 2. There shall be established within the department the state geological planning and advisory council. The advisory council shall be composed of ten members as […]
49-0201 – Definitions.
§ 49-0201. Definitions. As used in this title, the following terms shall include and mean: 1. “Office” shall mean the state office of parks, recreation and historic preservation. 2. “Commissioners” shall mean the state commissioner of environmental conservation and the state commissioner of parks, recreation and historic preservation.
49-0203 – State Land Acquisition Policy.
§ 49-0203. State land acquisition policy. 1. The purpose of the land acquisition program of the department and the office is to provide for the conservation, protection, and preservation of open space, natural, historic and cultural resources and the enhancement of recreational opportunities. 2. The department and the office shall first consider in each acquisition […]