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This entry was published on 2014-09-22
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SECTION 51-0711
Contracts for municipal wetlands restoration projects
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 51, TITLE 7
§ 51-0711. Contracts for municipal wetlands restoration projects.

1. The commissioner, in the name of the state, may enter into
contracts with municipalities owning wetlands, and any such municipality
may enter into a contract with the commissioner. Any such contract may
include such provisions as may be agreed upon by the parties thereto,
and shall include, in substance, the following provisions:

a. An estimate of the reasonable cost of the project as determined by
the commissioner.

b. An agreement by the commissioner to pay to the municipality, during
the progress of restoration or following completion of restoration as
may be agreed upon by the parties, an amount equal to the actual cost of
restoration or the estimated reasonable cost whichever is the lesser.

c. An agreement by the municipality

(1) to dedicate in perpetuity the wetlands to be restored to assure
their preservation.

(2) to proceed expeditiously with, and complete, the project as
approved by the department.

(3) to thereafter maintain the wetlands in the condition to which they
have been restored.

(4) to apply for and make reasonable efforts to secure federal
assistance for the project.

(5) to secure the approval of the commissioner before applying for
federal assistance, in order to maximize the amounts of such assistance
received or to be received for all projects in New York state.

d. A provision that, in the event that federal assistance which was
not included in the calculation of the state payment pursuant to
paragraph b of this subdivision becomes available to the municipality,
the amount of the state payment shall be recalculated with the inclusion
of such additional federal assistance and the municipality shall pay to
the state the amount by which the state payment actually made exceeds
the state payment determined by the recalculation.

2. In connection with each contract, the commissioner shall keep
adequate records of the amount of the payment by the state pursuant to
paragraph b of subdivision one of this section and of the amount of
federal assistance received by the municipality. Such records shall be
retained by the commissioner and shall establish the basis for
recalculation of the state payment.