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This entry was published on 2019-01-04
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SECTION 46-0107
Albany Pine Bush preserve
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 46
§ 46-0107. Albany Pine Bush preserve.

The commissioner shall maintain a record of the boundaries of the
lands which have been dedicated to the Albany Pine Bush preserve in text
and depicted on a map.

1. Land owned by the state may be dedicated to be part of the preserve
only by action by the commissioner, the commissioner of the state office
of parks, recreation and historic preservation or the commissioner of
the state office of general services, provided that state land dedicated
hereunder may also be dedicated to be part of the state nature and
historical preserve pursuant to article forty-five of this chapter.

2. Land owned by a local government may be dedicated to be part of the
preserve only by action of its local legislative body.

3. Land owned by private persons or organizations may be dedicated to
be part of the preserve only through the voluntary execution of a
conservation easement pursuant to article forty-nine of this chapter,
and the acceptance of such instrument by the commission; provided,
however, that the commission shall not have the power or authority,
without the consent of the landowner, to require as a condition of or a
prerequisite for obtaining any permit, license or other authorization to
conduct any activity within or adjacent to the preserve, that any lands
be dedicated to the preserve.

4. Every proposed dedication shall be reviewed and approved by the
commission.

5. The commission shall have no authority to control or manage any
private land unless such land has been dedicated pursuant to this
section or the owner thereof has executed a voluntary written agreement
with the commission authorizing the specific management actions which
may be taken by the commission.

6. Land owned by the commission shall be dedicated to be part of the
preserve upon acquisition by the commission.