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This entry was published on 2014-09-22
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SECTION 9-0109
Acquisition of lands within the Adirondack or Catskill parks
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 9, TITLE 1
§ 9-0109. Acquisition of lands within the Adirondack or Catskill parks.

1. Unless deemed necessary for the conservation of critical and unique
natural land areas or of significant wild forest land areas, the state
shall not acquire or accept fee simple ownership of structures or
improvements in the Adirondack or Catskill parks listed or eligible to
be listed on the state register of historic places including that amount
of land on which such structures or improvements are located that is
necessary for their maintenance and use.

2. Prior to any land acquisition by a state agency within the
Adirondack or Catskill parks, the commissioner or responsible chief
executive officer proposing such acquisition shall undertake a review of
such action pursuant to the state environmental quality review act as
provided in article eight of this chapter and, when applicable, the New
York state historic preservation act of 1980.

3. If such structures or improvements in the Adirondack or Catskill
parks are offered to the state for purchase or as a gift, it shall be
the responsibility of the state agency to which such offer is made, in
accordance with guidelines prepared for notifying potential private
purchasers, to search for a private purchaser or donee who would
preserve such structures or improvements, if the present owner thereof
consents.

4. Historic structures and improvements which are located within the
Adirondack and Catskill parks and owned by the state prior to the
effective date of this section and which existed prior to acquisition by
the state may be maintained provided that:

a. the commissioner of parks, recreation and historic preservation
finds that such structures and improvements are listed or are eligible
to be listed on the state register of historic places pursuant to
subdivision one of section 14.07 of the parks, recreation and historic
preservation law; and

b. the commissioner finds that such structures and improvements can be
maintained for public enjoyment and understanding of the forest preserve
or for departmental activities necessary in protecting forest preserve
lands in the parks in a manner that will not disturb the existing degree
of wild forest character of land on which the pre-existing structures or
improvements are located or the wild forest character of land adjacent
thereto; and

c. such maintenance is in accordance with reasonable regulation of the
forest preserve in the Adirondack and Catskill parks consistent with
article fourteen of the state constitution.

The recording provisions of section sixty-three of the public
buildings law shall apply if such structures and improvements are not
maintained or are substantially altered or demolished.