N.Y. Comp. Codes R. & Regs. tit. 6 § 591.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 591.3 - Project selection

(a) State land projects which meet the minimum eligibility requirements as hereinafter enumerated may be initiated in any of the following three ways:

(1) Department program staff. Staff designated by the commissioner from various program areas within the department will, on a continuing basis, identify, categorize and prioritize proposed State land projects under each of the bond act categories.

(2) Property owner. Land owners who believe that their property may meet eligibility requirements for State acquisition under the bond act, and who desire to sell such property or an interest therein, are encouraged to contact the department.

(3) Public participation. Any person who wishes to participate in the implementation of the bond act may submit recommendations for State land acquisition, preservation or improvement projects to the department.

The ultimate selection decision on any State land project will be made by the commissioner, who is charged by law with this responsibility, regardless of the method of project initiation.

(b) Only certain State land acquisition, preservation and improvement projects can qualify for funding under the bond act. They are referred to as "forest preserve projects" and "environmentally sensitive lands projects," each of which is more clearly defined in section 591.2 of this Part. Of the projects which qualify, there are some, for various reasons, which will not achieve the objectives of preservation, enhancement, restoration and improvement of the quality of the State's environment. In order to meet statutory requirements, as well as these objectives, each State project must meet the minimum eligibility requirements which are enumerated in subdivision (c) of this section for forest preserve projects, and in subdivisions (d) through (m) of this section for each type of environmentally sensitive lands project.

(c) Forest preserve projects.

(1) The proposed project must be located within either the Adirondack or Catskill Park.

(2) The proposed project must be located outside of the boundaries of an incorporated village or city.

(3) The proposed project must be located outside of the Towns of Altona and Dannemora, Clinton County.

(d) Aquifer recharge areas.

(1) The proposed project is part of a local groundwater protection program which includes provision for local participation in funding land acquisition and which has been approved by the commissioner, and adopted and being implemented by the appropriate local government.

(2) A water supply permit pursuant to title 15 of article 15 of the Environmental Conservation Law must have been applied for. Such permit must be approved by the department for the express purpose of taking the land proposed for acquisition prior to the acquisition of the project by the department.

(3) An agreement between the appropriate local government and the commissioner must be executed by the local government and approved by the commissioner and provide for management by the local government of the parcel acquired.

(e) Exceptional forest character.

(1) The proposed project is at least 10 acres in size and contains old growth, defined as long-lived native species where the average age of the dominant trees is at least 150 years. Long-lived native species means any of the following: chestnut oak, swamp white oak, bur oak, chinquapin oak, American basswood, white ash, atlantic white cedar, yellow birch, sweet birch, pignut hickory, bitternut hickory, mockernut hickory, red maple, black cherry, butternut, eastern hemlock, white pine, sugar maple, tulip poplar, American sycamore, shagbark hickory, red oak, white oak, beech, red pine, northern white cedar, black spruce, black walnut, red spruce; or

(2) the proposed project is at least 25 acres in size and is a natural area defined as a physical and biological forest unit in as near a natural condition as possible which exemplifies typical forest vegetation. The unit is maintained in a natural condition by allowing physical and biological processes to operate, usually without direct human intervention; or

(3) the proposed project contains forest plants or a forest community that is rare or unusual. Rare or unusual is defined as having less than 100 existing sites in New York State.

(f) Exceptional scenic beauty:

(1) the proposed project exhibits outstanding arrangement of natural or man-made features (i.e., water features and/or land forms and/or vegetation patterns) that provide positive stimulation, hold interest and command attention of the viewing public; or

(2) the proposed project contributes to the public enjoyment and/or appreciation of any established scenic resource.

(g) Open space. The proposed project consists of open or natural land in or near a urban or suburban area necessary to serve the scenic, recreation or other related needs thereof.

(h) Pine barrens:

(1) the proposed project is an addition to an existing pine barrens area which is owned by the Federal, State or local government, or a qualified not-for-profit conservation organization, and which facilitates the ecologically appropriate management thereof; or

(2) the proposed project is large enough to maintain itself as a pine barrens ecosystem and to permit effective fire or other appropriate management necessary to the maintenance of the ecosystem.

(i) Public access.

(1) Access to public lands:

(i) the proposed project would provide a parcel of land leading to public land which presently has no existing access open to the public; or

(ii) the proposed project would provide a parcel of land leading to a portion of public lands which are presently inaccessible because of physical barriers; or

(iii) the proposed project would permit an environmentally acceptable through route for a foot trail or vehicular access trail where the existing trail now ends; or

(iv) the proposed project would reduce the length of an otherwise circuitous route facilitating public use of existing public lands.

(2) Stream rights:

(i) the proposed project would consolidate or link together existing stream rights; or

(ii) the proposed project is on a stream which supports, or is capable of supporting, viable populations of commercial or sport fish on a year-round basis; or

(iii) the proposed project is on a stream which is subject, or potentially subject, to seasonal "runs" of anadromous commercial or sport fish, whether or not it supports residency of such fish.

(3) Inland waterway access:

(i) the proposed project is of land which is physically contiguous to the waters of a lake, reservoir, or river segment that is navigable in fact by any vessel, whether or not mechanically propelled; and

(ii) the proposed project is physically and environmentally developable.

(4) Tidal waterway access:

(i) the proposed project provides public access to a salt water resource or network of salt water resources that lie within the marine and coastal district as defined in section 13-0103 of the Environmental Conservation Law; and

(ii) the proposed project is physically and environmentally developable.

(j) Trailways:

(1) the proposed project must be legally and physicaly accessible to the public, or be a portion of an identified trailways project which, when completed, will be legally and physically accessible to the public; and

(2) the proposed project must be physically and environmentally developable as a trailway.

(k) Unique character:

(1) the proposed project must be acquired for at least one of the following reasons: special natural beauty; wilderness character; geological significance; ecological significance including areas essential for the conservation of threatened and endangered plant species; historical or archaeological significance; and

(2) the proposed project must be of a character suitable for inclusion in the State Nature and Historical Preserve; and

(3) the proposed project must be located outside the Adirondack and Catskill Parks.

(l) Wetlands:

(1) Freshwater:

(i) the proposed project is a freshwater wetland, with or without associated upland buffer, as defined in article 24 of the Environmental Conservation Law; and

(ii) the proposed project must receive a biological productivity score of eight or more according to the productivity scoring chart, contained in section 591.4(l)(1) of this Part; or

(iii) the proposed project must possess one wetland value characteristic having a score of 8 as enumerated in section 591.4(l)(1) of this Part; or

(iv) the proposed project must possess two substantially nonduplicative wetland value characteristics each having a score of 4 as enumerated in section 591.4(l)(1) of this Part.

(2) Tidal:

(i) the proposed project is a tidal wetland, with or without associated upland buffer, as defined in article 25 of the Environmental Conservation Law, located either in the marine and coastal district as defined in section 13-0103 of the Environmental Conservation Law or in the Hudson River Valley between the Governor Mario M. Cuomo Bridge and the Federal Dam at Troy; or

(ii) the proposed project is of inventoried tidal wetlands and associated upland buffer.

(m) Wildlife habitat. The proposed project must contain the minimum geographic area necessary, together with associated buffer, vital to the threatened or endangered species' continued use. The project shall be either habitat of year-round resident species or important seasonal habitat of seasonally resident species, such as breeding habitats, wintering habitats in which a species spends an extended amount of time each year, and major concentration areas of documented traditional and current use.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 591.3

Amended New York State Register June 5, 2019/Volume XLI, Issue 22, eff. 6/5/2019