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SECTION 43-0107
Powers
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 43
§ 43-0107. Powers.

The commission shall have power to:

1. Sue and be sued.

2. Make and execute contracts and all other instruments necessary or
convenient for the exercise of its powers and functions under this
article.

3. Establish and maintain such facilities as may be necessary for the
transacting of its business.

4. Utilize, to the extent feasible, the staff and facilities of
existing state agencies, pursuant to an allocation to be made by the
director of the budget.

5. Hold hearings and subpoena witnesses in the exercise of its powers,
functions and duties provided for by this article.

6. Contract for professional and technical assistance and advice.

7. Contract for and to accept assistance, including but not limited to
gifts, grants or loans of funds or of property from the federal
government or any agency or instrumentality thereof, or from any agency
or instrumentality of the state, or from any other public or private
source and to comply, subject to the provisions of this article, with
the terms and conditions thereof, subject to the approval of the
director of the budget.

8. Adopt, amend and repeal, after public hearing according to the
provisions of the state administrative procedure act (except in the case
of rules and regulations that related to the organization or internal
management of the agency), such rules and regulations, consistent with
this article, as it deems necessary to administer this article, and to
do any and all things necessary or convenient to carry out the purpose
and policies of this article and to exercise all powers granted by law.

9. Adopt, amend and repeal, after public hearing according to the
provisions of the state administrative procedure act, rules and
regulations relating to tree-cutting within the park; provided, however,
that nothing herein shall prevent a municipality from adopting a law,
code, ordinance or regulation which is more stringent than such rules
and regulations adopted by the commission.

10. Encourage individuals, corporations, associations and
organizations to acquire real property or interests or rights in real
property for the preservation of open space characterized by natural
scenic beauty or conditions enhancing parkwide qualities, and to
preserve such lands or interests or rights in real property through the
establishment of land trusts and other lawful means for protecting and
preserving such lands.

11. Encourage and assist in the creation of special local improvement
districts for purposes including control of storm water runoff problems
and the acquisition of significant environmental areas, including
wetlands, to control such problems.

12. Study, monitor and inspect for pollution from any source within
the park and to enforce the provisions of this article and any
regulations promulgated pursuant thereto, cooperate with, aid and assist
municipalities and state agencies in enforcing the laws affecting or
applying to Lake George and the area lying within the park and undertake
projects to abate pollution and preserve water quality.

13. Take into consideration the cumulative impact upon all of the
resources of the park in making any determination or taking actions
pursuant to the powers of this article.

14. Intervene in proceedings before state agencies including the
department and the Adirondack park agency on matters affecting the park.

15. Encourage individuals, corporations, associations, and
organizations to preserve and enhance the natural scenic beauty of Lake
George and lands within the Lake George park.

16. Adopt, sponsor, and encourage the use of forms of deeds,
agreements, covenants, and other legal documents by means of which
owners of real property within the Lake George park may voluntarily
prohibit, restrict, and control the use thereof for commercial purposes.

17. Encourage owners of real property within the Lake George park by
written instruments to prohibit, restrict, or control voluntarily the
use of such real property for commercial purposes.

18. Acquire interests or rights in real property within the Lake
George park for the purpose of prohibiting, restricting, or controlling
the use of such real property for commercial purposes.

19. Establish rules, regulations, and procedures by or pursuant to
which the commission may authorize or permit a necessary or desirable
use of land or prevent unnecessary hardship in an individual or
particular instance by altering or modifying in whole or in part any
restriction contained in any conveyance to or agreement with the
commission or which the commission has power to alter or modify.

20. Encourage, cooperate with, aid, and assist municipalities lying
wholly or partly within the Lake George park in the preparation and
adoption of zoning laws or ordinances and other local legislation
prohibiting, restricting, regulating, or controlling the uses of real
property for commercial purposes within the Lake George park.

21. Make maps and plans for proposed or permanent zones.

22. Establish as a proposed zone any area of land, exclusive of state
or municipally owned land, lying within the Lake George park.

23. Alter, reduce, or extend any such proposed zone.

24. Establish as a permanent zone any area of land, exclusive of state
or municipally owned land, lying within the Lake George park in which
the use of all real property for commercial purposes is (a) prohibited,
or (b) restricted or controlled.

25. Alter or extend a permanent zone under the procedure applicable to
the original establishment of a permanent zone.

26. Enter upon any land, water, or premises within the Lake George
park at reasonable times for the purpose of making surveys.

27. Cooperate with, aid, and assist municipalities and law enforcement
agencies in enforcing laws affecting or applying to Lake George and the
area lying within the Lake George park.

28. In cooperation with existing law enforcement agencies, arrange for
the appointment of patrolmen who, within the Lake George park, shall
have the powers set forth in section 71-0202 of this chapter in respect
to the enforcement of all laws and local ordinances or laws pertaining
to Lake George or the Lake George park. Pursuant to this subdivision,
members and employees of the commission may be appointed patrolmen but
if appointed shall serve without compensation. Such patrolmen shall have
the right to use sirens, display flags, or other identifying insignia
and wear badges while engaged in law enforcement activities within the
Lake George park.

29. Promote the study of the history, historical significance, natural
science, and lore of Lake George and the area within the Lake George
park and in cooperation with the Education Department to preserve the
historical relics found in or near Lake George.

30. Encourage individuals, corporations, associations, organizations,
and municipalities to protect and preserve the purity of the waters of
Lake George.

31. Establish advisory committees and enlist and accept the support
and cooperation of organizations of property owners or others interested
in promoting the purposes and objectives of this article.

32. Do all things necessary or convenient to carry out the powers
expressly granted by this article.