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This entry was published on 2014-09-22
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SECTION 45-0117
Jurisdiction and administration
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 45
§ 45-0117. Jurisdiction and administration.

1. The department is hereby authorized to manage and exercise custody
and control over lands dedicated pursuant to this article or to contract
with any city, county, town or village, or any combination thereof, or
any state agency or the Albany Pine Bush commission established under
article forty-six of this chapter for the management, custody and
control of such real property subject to such conditions as may be
approved by the director of the budget.

2. The lands dedicated to the preserve are enumerated as follows:

a. Squaw Island in the town of Canandaigua, county of Ontario more
fully described in chapter three hundred fifty-two of the laws of
nineteen hundred seventy-five.

b. Showy Lady Slipper parcel in the town of New Hudson, county of
Allegany more fully described in chapter one hundred thirty-three of the
laws of nineteen hundred seventy-seven.

c. Parrish Gully in the town of Italy, county of Yates more fully
described in chapter one hundred thirty-three of the laws of nineteen
hundred seventy-seven.

d. Clark Gully in the towns of Middlesex and Italy, county of Yates
more fully described in chapter one hundred thirty-three of the laws of
nineteen hundred seventy-seven.

e. Cicero Swamp in the town of Cicero, county of Onondaga more fully
described in chapter one hundred thirty-three of the laws of nineteen
hundred seventy-seven.

f. Labrador Hollow in the town of Fabius, county of Onondaga and the
town of Truxton, county of Cortland more fully described in chapter
three hundred thirty-six of the laws of nineteen hundred eighty-six.

g. Reinstein Woods in the town of Cheektowaga, county of Erie more
fully described in chapter five hundred twenty-two of the laws of
nineteen hundred eighty-nine.

h. Bog Brook in the town of Southeast and Patterson, county of Putnam
more fully described in chapter five hundred twenty-two of the laws of
nineteen hundred eighty-nine.

i. The Oak Brush Plain State Preserve in the towns of Babylon and
Huntington, county of Suffolk more fully described in chapter six
hundred thirty-five of the laws of nineteen hundred eighty-seven.

j. The David A. Sarnoff Pine Barrens in the town of Southampton,
county of Suffolk more fully described in chapter two hundred forty-nine
of the laws of nineteen hundred ninety-three.

k. The Rocky Point Natural Resources Management Area in the town of
Brookhaven, county of Suffolk more fully described in chapter two
hundred forty-nine of the laws of nineteen hundred ninety-three.

l. State lands dedicated to the Albany Pine Bush preserve pursuant to
article forty-six of this chapter.

m. The Camillus forest unique area in the town of Camillus, county of
Onondaga more fully described in chapter four hundred sixty-three of the
laws of two thousand five.

n. The Zoar Valley Unique Area in the Towns of Otto and Persia, county
of Cattaraugus and the town of Collins, county of Erie more fully
described in the chapter of the laws of two thousand seven which added
this paragraph.

3. Lands dedicated to the preserve are declared to be put to their
highest, best and most important use and are to be held for one or more
of the following purposes:

a. As natural areas for maintaining plants, animals and natural
communities, including preservation of old-growth forests dedicated to
the preserve specifically for that purpose;

b. As reservoirs of natural materials and ecological processes that
contribute to the state's biological diversity;

c. As field laboratories for scientific research and education in the
natural sciences, including the fields of biology, conservation,
ecology, geology, natural history and paleontology; and

d. As places of natural and historical interest and beauty which
provide the public with passive recreational opportunities including,
where appropriate, fishing, hunting and trapping, or commercial fishing
opportunities that are compatible with protecting the ecological
significance, historic features and natural character of the area.

4. The department, or the city, county, town, village or state agency
exercising control over the site pursuant to subdivision one of this
section, shall develop a written stewardship plan for each site
dedicated to the preserve. Such plan shall include a description of
stewardship activities required to monitor, protect, enhance and where
appropriate actively manage the ecological, scenic, wilderness,
geological or historic resources that merited dedication of the site to
the preserve. Such plan shall also provide for passive recreational
uses, including, where appropriate, fishing, hunting and trapping, or
commercial fishing opportunities that are compatible with protecting the
ecological significance, historic features and natural character of the
site.

5. Nothing in this article shall be construed to diminish an existing
property right held by any person who owns any interest in any real
property that is located adjacent to any real property dedicated to the
preserve.