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This entry was published on 2014-09-22
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SECTION 44-0113
Powers and duties of the conservancy
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 44
§ 44-0113. Powers and duties of the conservancy.

The conservancy shall have the power:

1. To sue on causes of action consistent with the purposes and its
responsibilities under this article and with respect to contracts to
which it is a party, but not for general enforcement of state or local
environmental or planning laws, provided that the right to sue, other
than with respect to contracts, to which it is a party, shall be limited
to causes of action arising within the boundaries of the greenway; and
to be sued.

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

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

4. To appoint an executive officer, officers, agents, employees, and
prescribe their duties and qualifications and fix their compensation.

5. To utilize, to the extent feasible the staff and facilities of
existing state agencies.

6. To hold hearings in the exercise of its powers, functions and
duties provided for by this article.

7. To contract for professional and technical assistance and advice.

8. To 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 applicable general
policies of the director of the budget.

9. To encourage individuals, corporations, associations, organizations
and public agencies to preserve and enhance the natural scenic beauty
and heritage of the Hudson river valley and the lands, water, exemplary
natural communities, aesthetic and cultural resources of the Hudson
river valley, as well as manage and conserve the fish, wildlife and
endangered plant and animal species, and to increase public access to
the waters of the Hudson river.

10. To acquire, in the name of the state, interests or rights in real
property including title by gift or devise anywhere within the greenway,
or by purchase solely for the purposes of a riverside park or
development of the greenway trail, or by easement for the conservation,
management and preservation of open space characterized by natural
scenic beauty, heritage, natural resource values or conditions enhancing
regional qualities of the Hudson river valley provided, however, that
notwithstanding any other provision of law, transfers of such interests
or rights in real property may be made to municipalities or
not-for-profit corporations which contract to hold such property for the
beneficial enjoyment of the people of the state and in no event shall
such land be sold by any such municipality or not-for-profit corporation
except for purposes consistent with the beneficial enjoyment of the
people of the state. Additionally, notwithstanding this or any other
provision of law, neither the state, nor any of its instrumentalities,
may transfer, to the conservancy, any interests or rights in real
property upon which the state is making property tax payments or
payments in lieu of taxes, unless provision is made for the continuance
of such payments by the conservancy from monies available in the fund.

11. To continue the existing subsidiary nonprofit corporation and
create committees and appoint members thereto to assist and advise the
conservancy in carrying out its functions, powers and duties and in
coordinating the activities of the conservancy with state and local
agencies functioning within the Hudson river valley.

12. To intervene in proceedings before state agencies including the
department on matters affecting the Hudson river valley.

13. To encourage and assist in the creation of special local
improvement districts consistent with the purposes of this article.

14. To identify land and water areas in the Hudson river valley that
are suited for designation as scenic areas under the provisions of
article forty-nine of this chapter and for subsequent development of
resource management plans.

15. To provide technical assistance to county and local officials,
landowners and interested organizations with regard to resource
protection, conservation and management of renewable natural resources
and preservation methods and techniques, including but not limited to:
natural resource inventories, scenic and conservation easements, deed
restrictions, local land trust, innovative zoning techniques,
establishment of urban cultural parks, historic preservation methods and
viewshed analysis.

16. To encourage and assist state, county and local governments with
the implementation of procedures for identifying and designating
critical areas under the state environmental quality review act, and to
provide similar support for utilization of scenic impact project review

17. To help to advance, guide and coordinate on a priority basis the
acquisition of land and water areas possessed of scenic, natural,
historical, recreational or cultural significance, for the purpose of
preserving or enhancing such areas; and to do so in cooperation with
appropriate public and private agencies.

18. To initiate the preparation of comprehensive and systematic
inventories and studies of the natural, scenic, historic, cultural and
recreational resources of the Hudson river valley.

19. To provide local governments and the private sector with improved
liaison, interpretation and focus relative to a variety of state and
federal programs which bear on the Hudson river valley and its
shorelands, including coastal management; basin level B study; wild,
scenic and recreational rivers; urban cultural parks; fisheries
management; estuarine sanctuaries; areas of national concern; historic
preservation; tourism and outdoor recreation; and grants-in-aid.

20. To help develop and implement a comprehensive program and plan at
the state, county and local levels for resource preservation, renewable
natural resource management and enhancement in scenic highway corridors.

21. To annually prepare a work plan of intended projects and
activities of the conservancy and present such plan to the council for
its review and comment and report periodically to the governor, the
legislature and the council on the conduct of its activities, but not
less than once a year, and to provide a copy of each report to
appropriate public and private entities within the Hudson river valley
which request a copy of the report.

22. To exercise and perform such other powers and duties as shall have
been or may be from time to time conveyed or imposed by law.

23. To encourage individuals, corporations, associations and public
entities to protect and preserve unique resources of the greenway and
make grants to municipalities and non-profit entities within the
greenway therefor.

24. To whenever in the opinion of the conservancy it would be in the
public interest, after prior approval of the director of the budget,
request the temporary assignment and transfer of certain employees of
any board, commission, agency or department of the state or its
political subdivisions, and said board, commission, agency or
department, if in its opinion such transfer will not interfere with the
performance of its duties and functions may make such assignment and
transfer of said employees to the conservancy. Such assignment and
transfer or extension thereof shall not in any way affect the civil
service status, continuity of service, retirement plan status, right to
compensation, grade or compensation or other rights or privileges of any
employee so transferred.

25. To submit title to all interests or rights in real property
proposed to be acquired by the conservancy for examination and approval
by the attorney general of the state who shall also furnish any and all
necessary legal services and advice required to assist the conservancy
in accomplishing its corporate purposes.

26. When funds are available, and with the approval of the governor,
enter into an agreement with a municipality or district within which
real property interests or rights have been acquired by the conservancy
providing for the payment of moneys in lieu of anticipated tax revenues
whenever the conservancy shall determine that undue hardship justifying
such financial relief has been created by such acquisition.

27. To enforce that no officer, member or employee of the conservancy
shall receive or may be lawfully entitled to receive any pecuniary
profit from the operation thereof except, to the extent available from
the fund, for expenses actually and necessarily incurred, including
reasonable compensation to employees for services in effecting one or
more of the purposes set forth herein.

28. To continue to provide certain programmatic contractual services
to the department as has heretofore been the practice.

29. To jointly designate and develop model greenway projects in
agreement with the council to demonstrate the implementation of greenway
planning and make grants for assistance to municipalities and non-profit
entities within the greenway therefor.

30. To promote the greenway as a single, tourism destination site in
conjunction with the designation and development of the greenway trail.

31. To assist in the preservation of farmlands within the greenway for
continued agricultural use.

32. To take any actions necessary to carry out the functions, powers
and duties imposed by this article.

33. Notwithstanding any other section of law the conservancy shall not
have the power of eminent domain or to acquire property by eminent

34. Notwithstanding any other section of law, the conservancy may
exercise its powers within the county of New York only for the purposes
of designating, developing, or causing to be developed a trail pursuant
to section 44-0121 of this article. For the purposes of this
subdivision, "trail" means a linear corridor or pathway, walkway or
bikeway used solely for public transportation and recreation. The
council or the conservancy shall not develop, construct or caused to be
developed or constructed any landfill, pier or structure over water
located west of the existing bulkhead or shoreline; nor shall the
council or the conservancy develop, construct or cause to be developed
or constructed any commercial or residential uses on any trail developed
pursuant to this subdivision.