§ 52-0101. Definitions.

As used in this article the following terms shall mean and include:

1. "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.

2. "Cost" means the cost of an approved project, which shall include
engineering and architectural services, plans and specifications,
consultant and legal services, and other direct expenses incident to
such project less any federal assistance received or to be received and
any other assistance from responsible parties or otherwise.

3. "Department" means the department of environmental conservation.

4. "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.

(b) "Exceptional forest character" means forest possessed of such
attributes as maturity of growth, scientific harvesting potential,
aesthetic appeal or recreational opportunity.

(c) "Exceptional scenic beauty" means land forms, water bodies,
geologic formations and vegetation which possess significant scenic
qualities or significantly contribute to scenic values.

(d) "Open space" means open or natural land in or near urban or
suburban areas necessary to serve the scenic or recreation needs
thereof.

(e) "Pine barrens" means a natural community of such biota as pitch
pine, jack pine, and scrub oak which may be found associated with a
variety of natural resources.

(f) "Public access" means access to lands for public use, including
stream rights and waterways.

(g) "Trailways" means recreational trails developed under guidelines
established for the development of a statewide trails system.

(h) "Unique character" means lands of special natural beauty,
wilderness character, geological, ecological or historical significance
suitable for the state nature and historic preserve and similar lands
within a forest preserve county outside the Adirondack and Catskill
parks.

(i) "Wetlands" means freshwater wetlands as defined in article
twenty-four of this chapter and tidal wetlands as defined in article
twenty-five of this chapter.

(j) "Wildlife habitat" means specific areas essential for the
conservation of threatened and endangered species which require special
management considerations or protection for maintenance of such species.

5. "Federal assistance" shall mean funds available, other than by
loan, from the federal government, either directly or through allocation
by the state for construction or program purposes pursuant to any
federal law or program.

6. "Forest preserve project" means a state project to acquire land as
additions to the forest preserve or to acquire conservation easements
created pursuant to title three of article forty-nine of this chapter
within the Adirondack and Catskill parks.

7 "Governing body" means

(a) in the case of a town, a town board;

(b) in the case of a county outside of the city of New York, the
county board of supervisors or other elective governing body;

(c) in the case of a city or village, the local legislative body
thereof, as the term is defined in the municipal home rule law;

(d) in the case of a public benefit corporation, the board of
directors, members or trustees thereof;

(e) in the case of a school district, the board of education thereof;

(f) in the case of a supervisory district, the board of cooperative
educational services thereof.

8. "Hazardous waste" shall have the definition set forth in title nine
of article twenty-seven of this chapter.

9. "Hazardous waste site remediation project" means the same as the
term "inactive hazardous waste disposal site remedial program" as
defined in subdivision three of section 27-1301 of this chapter.

10. "Historic preservation project" means:

(a) State historic preservation projects. A state project undertaken
by the office of parks, recreation and historic preservation to improve,
restore or rehabilitate state historic properties listed on the state or
national registers of historic places to protect the historic, cultural
or architectural significance thereof.

(b) Municipal historic preservation project. A project undertaken by a
municipality to improve, restore or rehabilitate municipal property
listed on the state or national registers of historic places to protect
the historic, cultural or architectural significance thereof.

(c) Not-for-profit historic preservation projects. A project
undertaken by a not-for-profit corporation for the acquisition,
improvement, restoration or rehabilitation of property listed on the
state or national registers of historic places to protect the historic,
cultural or architectural significance thereof.

11. "Landfill" means a disposal facility or part of one at which solid
waste, or its residue after treatment, is intentionally placed in or on
land, at which solid waste will remain after closure, and which is not a
landspreading facility, a surface impoundment, or an injection well.

12. "Lands" mean lands, improvements and structures thereon or rights,
franchises, and interests therein, lands under water and riparian
rights, and shall also mean any and all interests in lands less than
full title, including without limitations, easements, permanent or
temporary, rights of way, uses, leases, licenses, and any other estate,
interests or rights in lands, legal or equitable.

13. "Municipal landfill closure project" means activities undertaken
to close, including by reclamation, a landfill owned or operated by a
municipality to achieve compliance with regulations promulgated by the
department.

14. "Municipal park project" means a project including an urban
cultural park undertaken by a municipality for the acquisition,
development or improvement of outdoor or indoor recreation facilities,
including, but not limited to site acquisition, improvement,
construction, reconstruction and improvement of structures, roads and
parking facilities.

15. "Municipality", except as otherwise defined within this article,
means a city, county, town, village, public benefit corporation or
school district or an improvement district within a city, county, town
or village, or Indian tribe residing within New York state, or any
combination thereof.

16. "Not-for-profit corporation" means a corporation formed pursuant
to the not-for-profit corporation law and qualified for tax-exempt
status under section 501(c)(3) of the federal internal revenue code.

17. "Office" means the office of parks, recreation and historic
preservation.

18. "Solid waste" shall have the definition set forth for such term in
title seven of article twenty-seven of this chapter.

19. "Urban cultural park" shall have the definition set forth for such
term in title G of article thirty-one of the parks, recreation and
historic preservation law.