S T A T E O F N E W Y O R K
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4322
2013-2014 Regular Sessions
I N A S S E M B L Y
February 4, 2013
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Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Tourism, Parks, Arts and Sports Development
AN ACT to amend the parks, recreation and historic preservation law, in
relation to the protection and management of the state park system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and purpose. The legislature finds the
New York state parks, and natural and cultural lands under state manage-
ment which began with the Niagara Reservation in 1885 embrace unique,
superlative and significant resources. They constitute a major source of
pride, inspiration and enjoyment of the people of the state, and have
gained international recognition and acclaim.
Establishment of the State Council of Parks by the legislature in 1924
was an act that created the first unified state parks system in the
country. By this act and other means the legislature and the people of
the state have repeatedly expressed their desire that the natural and
cultural state park resources of the state be accorded the highest
degree of protection.
Therefore, it is the purpose of this legislature to formally codify
the New York state park system and the identity of the individual units
thereof.
S 2. Short title. This act shall be known and may be cited as the "New
York state park system act".
S 3. The parks, recreation and historic preservation law is amended by
adding a new article 4 to read as follows:
ARTICLE 4
NEW YORK STATE PARK SYSTEM
SECTION 4.01 STATE PARK SYSTEM.
4.03 LAND CLASSIFICATION.
4.05 ADDITIONS TO THE SYSTEM.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07602-01-3
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S 4.01 STATE PARK SYSTEM. THE LEGISLATURE DECLARES THAT THE NATURAL
AND CULTURAL STATE PARK RESOURCES, WHICH BEGAN WITH THE ESTABLISHMENT OF
THE NIAGARA RESERVATION IN EIGHTEEN HUNDRED EIGHTY-FIVE, HAVE GROWN TO
INCLUDE SUPERLATIVE NATURAL, HISTORIC AND RECREATIONAL AREAS IN EVERY
REGION OF THE STATE; THAT THESE AREAS, THOUGH DISTINCT IN CHARACTER, ARE
UNITED THROUGH THESE INTERRELATED PURPOSES AND RESOURCES INTO ONE STATE
PARK SYSTEM AS A CUMULATIVE EXPRESSION OF A SINGLE HERITAGE; AND THAT,
INDIVIDUALLY AND COLLECTIVELY, THESE AREAS DESERVE INCREASED DIGNITY AND
RECOGNITION OF THEIR SUPERB ENVIRONMENTAL QUALITY AND RECREATIONAL
POTENTIAL THROUGH THEIR INCLUSION JOINTLY AND WITH EACH OTHER IN ONE
STATE PARK SYSTEM PRESERVED AND MANAGED FOR THE BENEFIT AND INSPIRATION
OF ALL THE PEOPLE OF THE STATE. THEREFORE, ANY AREA OF LAND AND WATER
ADMINISTERED BY THE COMMISSIONER FOR PARK, HISTORIC, PARKWAY, RECRE-
ATIONAL OR OTHER PURPOSES SHALL BE DEEMED TO BE A PART OF THE STATE PARK
SYSTEM HEREBY FORMALLY CREATED AND SHALL BE DEEMED TO BE PUBLIC TRUST
LANDS, AND THESE PUBLIC SPACES CANNOT BE SOLD, ANNEXED, CONSTRUCTED
UPON, CLOSED OR HAVE ANY OTHER ACTION TAKEN UPON THEM WITHOUT THE
CONSENT OF A MAJORITY OF BOTH HOUSES OF THE LEGISLATURE. STATE MANAGE-
MENT OF COOPERATIVE PARKS INCLUDING STATE DESIGNATED HERITAGE AREAS
SHALL BE FULLY COORDINATED WITH THE STATE PARK SYSTEM. THE ADMINIS-
TRATION OF NATURAL AREAS IN THE STATE PARK SYSTEM SHALL, TO THE FULLEST
EXTENT PRACTICABLE, PROVIDE FOR THE INTERPLAY OF FORCES AND PROCESSES OF
NATURAL GEOLOGICAL CHANGE AND ECOLOGICAL SUCCESSION. THE ADMINISTRATION
OF ALL AREAS SHALL BE CONDUCTED IN THE LIGHT OF HIGH PUBLIC VALUE AND
THE INTEGRITY OF THE STATE PARK SYSTEM AND SHALL NOT BE EXERCISED IN
DEROGATION OF THE VALUES AND PURPOSES FOR WHICH THESE VARIOUS AREAS HAVE
BEEN ESTABLISHED.
S 4.03 LAND CLASSIFICATION. THE COMMISSIONER SHALL PROMULGATE RULES
AND REGULATIONS ESTABLISHING A LAND CLASSIFICATION SYSTEM FOR THE PRES-
ERVATION AND USE OF ALL AREAS OR UNITS WITHIN THE STATE PARK SYSTEM.
CLASSIFICATIONS SHALL BE IDENTIFIED IN ORDER TO FOSTER THE GOAL OF
PROTECTION OF PARK RESOURCES, APPROPRIATELY BALANCED WITH THE USE AND
APPRECIATION OF THOSE RESOURCES BY VISITORS. ONE CLASSIFICATION SHALL
BE FOR MAXIMUM RESOURCE PROTECTION WHERE RESTRICTED USE MAY BE NECESSARY
TO PROTECT SENSITIVE ECOLOGICAL SYSTEMS AND CULTURAL AREAS OR RESOURCES
OF SPECIAL VALUE FOR RESEARCH, SCIENTIFIC OR RELATED PURPOSES. EACH
CLASSIFICATION SHALL INCLUDE A STATEMENT OF APPROPRIATE PROTECTION STAN-
DARDS.
S 4.05 ADDITIONS TO THE SYSTEM. THE COMMISSIONER SHALL INVESTIGATE,
STUDY AND CONTINUALLY MONITOR THE STATUS AND WELFARE OF AREAS WHOSE
RESOURCES EXHIBIT QUALITIES OF STATEWIDE SIGNIFICANCE AND WHICH HAVE
POTENTIAL FOR INCLUSION IN THE STATE PARK SYSTEM. FOR PURPOSES OF THIS
RESPONSIBILITY, THE COMMISSIONER SHALL CONSIDER THREATS TO RESOURCE
VALUES, COST ESCALATION FACTORS AND RELATIONSHIP TO THE NATURAL AND
HISTORIC THEMES OF THE STATE. ON OR BEFORE MARCH FIRST OF EACH YEAR, THE
COMMISSIONER SHALL REPORT TO THE SPEAKER OF THE ASSEMBLY AND THE TEMPO-
RARY PRESIDENT OF THE SENATE A LIST OF AREAS THAT ARE UNDER CONSIDER-
ATION FOR POTENTIAL INCLUSION IN THE STATE PARK SYSTEM.
S 4. Section 13.03 of the parks, recreation and historic preservation
law is amended to read as follows:
S 13.03 Listing of state parks, STATE PARKWAYS, parkways, recreation
facilities [and], historic sites AND ARTIFACTS. 1. The commissioner
shall, by regulation, maintain a current listing and description of all
state parks, STATE PARKWAYS, parkways, recreation facilities [and],
historic sites AND ARTIFACTS under the custody and control of the
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office, other state agency, authority or other instrumentality of the
state, which are now in existence or hereafter shall be acquired.
2. As used in this article, "state agency" shall mean the Palisades
interstate park commission or the department of environmental conserva-
tion.
3. THE COMMISSIONER'S LISTING OF STATE PARKS AND HISTORIC SITES SHALL
INCLUDE, BUT NOT BE LIMITED TO:
(A) NIAGARA FRONTIER STATE PARK, RECREATION AND HISTORIC PRESERVATION
COMMISSION
(I) STATE PARK COUNTY
AMHERST STATE PARK ERIE
BEAVER ISLAND STATE PARK ERIE
BIG SIX MILE CREEK MARINA ERIE
BUCKHORN STATE PARK ERIE
DEVEAUX WOODS STATE PARK NIAGARA
DEVIL'S HOLE STATE PARK NIAGARA
EARL W. BRYDGES ARTPARK STATE PARK NIAGARA
EVANGOLA STATE PARK ERIE
FORT NIAGARA STATE PARK NIAGARA
FOUR MILE CREEK STATE PARK NIAGARA
GOLDEN HILL STATE PARK NIAGARA
JOSEPH DAVIS STATE PARK NIAGARA
KNOX FARM STATE PARK NIAGARA
NIAGARA RESERVATION STATE PARK NIAGARA
NIAGARA FALLS STATE PARK NIAGARA
RESERVOIR STATE PARK NIAGARA
STRAWBERRY ISLAND STATE PARK NIAGARA
WHIRPOOL STATE PARK NIAGARA
WISLON-TUSCARORA STATE PARK NIAGARA
WOODLAWN BEACH STATE PARK ERIE
(II) HISTORIC SITE COUNTY
OLD FORT NIAGARA STATE HISTORIC SITE NIAGARA
DARWIN MARTIN HOUSE STATE HISTORIC SITE ERIE
(B) ALLEGANY STATE PARK, RECREATION AND HISTORIC PRESERVATION COMMIS-
SION
(I) STATE PARK COUNTY
ALLEGANY STATE PARK CATTARAUGUS
ALLEGANY STATE PARK - QUAKER AREA CATTARAUGUS
ALLEGANY STATE PARK - RED HOUSE AREA CATTARAUGUS
LAKE ERIE STATE PARK CHAUTAUQUA
LONG POINT ON LAKE CHAUTAUQUA CHAUTAUQUA
MIDWAY STATE PARK CHAUTAUQUA
(II) HISTORIC SITE
NONE
(C) GENESEE STATE PARK, RECREATION AND HISTORIC PRESERVATION COMMISSION
(I) STATE PARK COUNTY
BRADDOCK BAY STATE PARK MONROE
CONESUS LAKE BOAT LAUNCH LIVINGSTON
DARIEN LAKES STATE PARK GENESEE
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HAMLIN BEACH STATE PARK MONROE
IRONDEQUOIT BAY STATE MARINE PARK MONROE
LAKESIDE BEACH STATE PARK ORLEANS
LETCHWORTH STATE PARK LIVINGSTON AND WYOMING
OAK ORCHARD STATE MARINE PARK ORLEANS
SILVER LAKE STATE PARK WYOMING
(II) HISTORIC SITE
NONE
(D) FINGER LAKES STATE PARK, RECREATION AND HISTORIC PRESERVATION
COMMISSION
(I) STATE PARK COUNTY
ALLAN H. TREMAN STATE MARINE PARK TOMPKINS
BEECHWOOD STATE PARK WAYNE
BONAVISTA STATE PARK SENECA
BUTTERMILK FALLS STATE PARK TOMPKINS
CANANDAIGUA LAKE STATE MARINE PARK ONTARIO
CATHERINE VALLEY TRAIL CHEMUNG
CAYUGA LAKE STATE PARK SENECA
CHIMNEY BLUFFS STATE PARK WAYNE
DEANS COVE BOAT LAUNCH SENECA
FAIR HAVEN BEACH STATE PARK CAYUGA
FILLMORE GLEN STATE PARK CAYUGA
HARRIET HOLLISTER SPENCER
STATE RECREATION AREA ONTARIO
HONEOYE LAKE BOAT LAUNCH STATE PARK ONTARIO
KEUKA LAKE STATE PARK YATES
LODI POINT STATE PARK SENECA
LONG POINT STATE PARK CAYUGA
NEWTOWN BATTLEFIELD RESERVATION STATE PARK CHEMUNG
PINNACLE STATE PARK STEUBEN
ROBERT H. TREMAN STATE PARK TOMPKINS
SAMPSON STATE PARK SENECA
SENECA LAKE STATE PARK ONTARIO AND SENECA
STONY BROOK STATE PARK STEUBEN
TAUGHANNOCK FALLS STATE PARK TOMPKINS
TWO RIVERS STATE PARK AND RECREATION AREA TIOGA
MARK TWAIN STATE PARK CHEMUNG
WATKINS GLEN STATE PARK SCHUYLER
(II) HISTORIC SITE COUNTY
GANONDAGAN STATE HISTORIC SITE ONTARIO
SONNENBERG GARDENS & MANSION
STATE HISTORIC SITE ONTARIO
(E) CENTRAL NEW YORK STATE PARK, RECREATION AND HISTORIC PRESERVATION
COMMISSION
(I) STATE PARK COUNTY
BATTLE ISLAND STATE PARK OSWEGO
BETTY AND WILBUR DAVIS STATE PARK OTSEGO
BOWMAN LAKE STATE PARK CHENANGO
CHENANGO VALLEY STATE PARK BROOME
CHITTENANGO FALLS STATE PARK MADISON
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CLARK RESERVATION STATE PARK ONONDAGA
DELTA LAKE STATE PARK ONEIDA
GILBERT LAKE STATE PARK OTSEGO
GLIMMERGLASS STATE PARK OTSEGO
GREEN LAKES STATE PARK ONONDAGA
HELEN L. MCNITT STATE PARK MADISON
HUNTS POND STATE PARK CHENANGO
MEXICO POINT STATE PARK OSWEGO
OLD ERIE CANAL STATE HISTORIC PARK ONONDAGA, MADISON,
AND ONEIDA
OQUAGA CREEK STATE PARK BROOME AND DELAWARE
PIXLEY FALLS STATE PARK ONEIDA
ROBERT V. RIDDELL STATE PARK OTSEGO
SANDY ISLAND BEACH STATE PARK OSWEGO
SELKIRK SHORES STATE PARK OSWEGO
STATE PARK AT THE FAIR ONONDAGA
VERONA BEACH STATE PARK ONEIDA
(II) HISTORIC SITE COUNTY
FORT ONTARIO STATE HISTORIC SITE OSWEGO
HERKIMER HOME STATE HISTORIC SITE HERKIMER
HYDE HALL STATE HISTORIC SITE OTSEGO
JOHN BURROUGHS MEMORIAL STATE HISTORIC SITE DELAWARE
LORENZO STATE HISTORIC SITE MADISON
OLD ERIE CANAL STATE HISTORIC SITE ONEIDA
ORISKANY BATTLEFIELD STATE HISTORIC SITE ONEIDA
STEUBEN MEMORIAL STATE HISTORIC SITE ONEIDA
(F) TACONIC STATE PARK, RECREATION AND HISTORIC PRESERVATION COMMIS-
SION
(I) STATE PARK COUNTY
CLARENCE FAHNESTOCK MEMORIAL STATE PARK PUTNAM
CLERMONT STATE PARK COLUMBIA AND DUTCHESS
DONALD J. TRUMP STATE PARK WESTCHESTER
FAHNESTOCK WINTER PARK PUTNAM
HUDSON HIGHLANDS STATE PARK PUTNAM AND DUTCHESS
JAMES BAIRD STATE PARK DUTCHESS
LAKE TAGHKANIC STATE PARK COLUMBIA
MARGARET LEWIS NORRIE STATE PARK DUTCHESS
FRANKLIN D. ROOSEVELT STATE PARK WESTCHESTER
OGDEN MILLS AND RUTH LIVINGSTON
MILLS STATE PARK DUTCHESS
OLD CROTON TRAILWAY STATE PARK WESTCHESTER
ROCKEFELLER STATE PARK WESTCHESTER
TACONIC STATE PARK COLUMBIA AND DUTCHESS
WALKWAY OVER THE HUDSON STATE HISTORIC PARK DUTCHESS
(II) HISTORIC SITE COUNTY
CLERMONT STATE HISTORIC SITE COLUMBIA
CLINTON HOUSE STATE HISTORIC SITE DUTCHESS
JOHN JAY HOMESTEAD STATE HISTORIC SITE WESTCHESTER
MILLS MANSION STATE HISTORIC SITE DUTCHESS
OLANA STATE HISTORIC SITE COLUMBIA
OLD CROTON AQUEDUCT STATE HISTORIC PARK WESTCHESTER
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PHILLIPSE MANOR HALL STATE HISTORIC SITE WESTCHESTER
STAATSBURGH STATE HISTORIC SITE DUTCHESS
(G) PALISADES INTERSTATE PARK COMMISSION
(I) STATE PARK COUNTY
BEAR MOUNTAIN STATE PARK ORANGE AND ROCKLAND
BLAUVELT STATE PARK ROCKLAND
BRISTOL BEACH STATE PARK ULSTER
GOOSEPOND MOUNTAIN STATE PARK ORANGE
HARRIMAN STATE PARK ORANGE AND ROCKLAND
HAVERSTRAW BEACH STATE PARK ROCKLAND
HIGHLAND LAKES STATE PARK ORANGE
HIGH TOR STATE PARK ROCKLAND
HOOK MOUNTAIN STATE PARK ROCKLAND
LAKE SUPERIOR STATE PARK SULLIVAN
MINNEWASKA STATE PARK PRESERVE ULSTER
NYACK BEACH STATE PARK ROCKLAND
PALISADES STATE PARK ROCKLAND
ROCKLAND LAKE STATE PARK ROCKLAND
STERLING FOREST STATE PARK ORANGE
STORM KING STATE PARK ORANGE
TALLMAN MOUNTAIN STATE PARK ROCKLAND
(II) HISTORIC SITE COUNTY
FORT MONTGOMERY STATE HISTORIC SITE ORANGE
KNOX HEADQUARTERS STATE HISTORIC SITE ORANGE
NEW WINDSOR CANTONMENT STATE HISTORIC SITE ORANGE
SENATE HOUSE STATE HISTORIC SITE ULSTER
STONY POINT BATTLEFIELD STATE HISTORIC SITE ROCKLAND
WASHINGTON'S HEADQUARTERS STATE HISTORIC SITE ORANGE
(H) LONG ISLAND STATE PARK, RECREATION AND HISTORIC PRESERVATION
COMMISSION
(I) STATE PARK COUNTY
BAYARD CUTTING ARBORETUM STATE PARK SUFFOLK
BELMONT LAKE STATE PARK SUFFOLK
BETHPAGE STATE PARK NASSAU AND SUFFOLK
BROOKHAVEN STATE PARK SUFFOLK
CALEB SMITH STATE PARK SUFFOLK
CAMP HERO STATE PARK SUFFOLK
CAPTREE STATE PARK SUFFOLK
CAUMSETT STATE PARK SUFFOLK
COLD SPRING HARBOR STATE PARK SUFFOLK
CONNETQUOT RIVER STATE PARK SUFFOLK
GILGO STATE PARK SUFFOLK
HECKSCHER STATE PARK SUFFOLK
HEMPSTEAD LAKE STATE PARK NASSAU
HITHER HILLS STATE PARK SUFFOLK
JAMESPORT STATE PARK SUFFOLK
JONES BEACH STATE PARK NASSAU
MONTAUK DOWNS STATE PARK SUFFOLK
MONTAUK POINT STATE PARK SUFFOLK
NAPEAGUE STATE PARK SUFFOLK
NISSEQUOGUE STATE PARK SUFFOLK
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ORIENT BEACH STATE PARK SUFFOLK
ROBERT MOSES STATE PARK SUFFOLK
SHADMOOR STATE PARK SUFFOLK
ALFRED E. SMITH/SUNKEN MEADOW STATE PARK SUFFOLK
VALLEY STREAM STATE PARK NASSAU
WILDWOOD STATE PARK SUFFOLK
(II) HISTORIC SITE COUNTY
CAUMSETT STATE HISTORIC PARK SUFFOLK
PLANTING FIELDS ARBORETUM STATE HISTORIC PARK NASSAU
WALT WHITMAN BIRTHPLACE STATE HISTORIC SITE SUFFOLK
(I) THOUSAND ISLANDS STATE PARK, RECREATION AND HISTORIC PRESERVATION
COMMISSION
(I) STATE PARK COUNTY
BURNHAM POINT STATE PARK JEFFERSON
CANOE-PICNIC POINT STATE PARK JEFFERSON
CEDAR ISLAND STATE PARK ST. LAWRENCE
CEDAR POINT STATE PARK JEFFERSON
COLES CREEK STATE PARK ST. LAWRENCE
CROIL ISLAND STATE PARK ST. LAWRENCE
CUMBERLAND BAY STATE PARK CLINTON
DEWOLF POINT STATE PARK JEFFERSON
EEL WEIR STATE PARK ST. LAWRENCE
GALOP ISLAND STATE PARK ST. LAWRENCE
GRASS POINT STATE PARK JEFFERSON
HIGLEY FLOW STATE PARK ST. LAWRENCE
JACQUES CARTIER STATE PARK ST. LAWRENCE
KEEWAYDIN STATE PARK JEFFERSON
KRING POINT STATE PARK JEFFERSON
LONG POINT STATE PARK JEFFERSON
MACOMB RESERVATION STATE PARK CLINTON
MARY ISLAND STATE PARK JEFFERSON
POINT AU ROCHE STATE PARK CLINTON
ROBERT G. WEHLE STATE PARK JEFFERSON
ROBERT MOSES STATE PARK ST. LAWRENCE
ROCK ISLAND STATE PARK JEFFERSON
ST. LAWRENCE STATE PARK ST. LAWRENCE
SOUTHWICK BEACH STATE PARK JEFFERSON
WATERSON POINT STATE PARK JEFFERSON
WELLESLEY ISLAND STATE PARK JEFFERSON
WESTCOTT BEACH STATE PARK JEFFERSON
WHETSTONE GULF STATE PARK LEWIS
(II) HISTORIC SITE COUNTY
JOHN BROWN FARM STATE HISTORIC SITE ESSEX
SACKETS HARBOR BATTLEFIELD STATE
HISTORIC SITE JEFFERSON
(J) SARATOGA-CAPITAL DISTRICT STATE PARK, RECREATION AND HISTORIC
PRESERVATION COMMISSION
(I) STATE PARK COUNTY
SCHODACK ISLAND STATE PARK COLUMBIA, GREENE AND
A. 4322 8
RENSSELAER
CHERRY PLAIN STATE PARK RENSSELAER
GRAFTON LAKES STATE PARK RENSSELAER
HUDSON RIVER ISLANDS STATE PARK COLUMBIA
JOHN BOYD THACHER STATE PARK ALBANY
LAKE LAUDERDALE STATE PARK WASHINGTON
MAX V. SHAUL STATE PARK SCHOHARIE
MINE KILL STATE PARK SCHOHARIE
MOREAU LAKE STATE PARK SARATOGA
PEEBLES ISLAND STATE PARK SARATOGA
SARATOGA LAKE STATE BOAT LAUNCH SARATOGA
SARATOGA SPA STATE PARK SARATOGA
THOMPSON'S LAKE STATE PARK ALBANY
(II) HISTORIC SITE COUNTY
BENNINGTON BATTLEFIELD STATE HISTORIC SITE RENSSELAER
CROWN POINT STATE HISTORIC SITE ESSEX
CRAILO STATE HISTORIC SITE RENSSELAER
GRANT COTTAGE STATE HISTORIC SITE SARATOGA
GUY PARK STATE HISTORIC SITE MONTGOMERY
JOHNSON HALL STATE HISTORIC SITE FULTON
REXFORD AQUEDUCT STATE HISTORIC SITE SCHENECTADY
SCHOHARIE CROSSING STATE HISTORIC SITE MONTGOMERY
SCHUYLER MANSION STATE HISTORIC SITE ALBANY
(K) STATE PARK, RECREATION AND HISTORIC PRESERVATION COMMISSION FOR THE
CITY OF NEW YORK
STATE PARK COUNTY
BAYSWATER POINT STATE PARK KINGS
CLAY PIT PONDS STATE PARK RICHMOND
EAST RIVER STATE PARK NEW YORK
EMPIRE-FULTON FERRY STATE PARK KINGS
GANTRY PLAZA STATE PARK QUEENS
RIVERBANK STATE PARK NEW YORK
ROBERTO CLEMENTE STATE PARK BRONX
S 5. This act shall take effect on the sixtieth day after it shall
have become a law.