Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATIONChapter V - RESOURCE MANAGEMENT SERVICESSubchapter D - REAL PROPERTY AND LAND ACQUISITION
Part 592 - Procedure for the modification or extinguishment of a conservation easement held by the New York State Department of Environmental Conservation
Section 592.2 - Definitions

N.Y. Comp. Codes R. & Regs. tit. 6 § 592.2

Download
PDF
Current through Register Vol. 46, No. 50, December 11, 2024
Section 592.2 - Definitions
(a) Commissioner" means the Commissioner of the New York State Department of Environmental Conservation, or the Commissioner's designated agent.
(b) "Department" or "DEC" means the New York State Department of Environmental Conservation.
(c) "Conservation easement" means an easement, covenant, restriction or other interest in real property, created under and subject to the provisions of Title 3 of article 49 of the Environmental Conservation Law which limits or restricts development, management or use of such real property for the purpose of preserving or maintaining the scenic, ope n, historic, archaeological, architectural, or natural condition, character, significance or amenities of the real property in a manner consistent with the public policy and purpose set forth in section 49-0301 of the Environmental Conservation Law, provided that no such easement shall be acquired or held by the state which is subject to the provisions of Article XIV of the State Constitution.
(d) "ECL" means the New York State Environmental Conservation Law.
(e) "Environmental Notice Bulletin" or "ENB" means the weekly publication of the department that is published pursuant to section 3-0306 of the Environmental Conservation Law, and accessible on the department's website.
(f) "Grantee" means the department, as owner and holder of a DEC conservation easement.
(g) "Grantor" means the person or entity which is the owner of the underlying fee lands subject to the DEC conservation easement at the time of the grant of the DEC conservation easement or, as applicable, the grantor's respective successors, heirs and assigns.
(h) "Modification" means a change, addition, deletion, correction or amendment to a DEC conservation easement.
(i) "Property" means the underlying fee lands subject to the DEC conservation easement.
(j) "Purpose(s)" means the conservation objectives and goals set forth in the express language of a DEC conservation easement, or in the absence of such express language, as provided in ECL section 49-0303(1).
(k) "Third party enforcement right" means a right which may be granted in a DEC conservation easement which empowers a public body or a not-for-profit conservation organization which is not a holder of the DEC conservation easement to enforce any of the terms of the DEC conservation easement.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 592.2

Adopted New York State Register December 21, 2016/Volume XXXVIII, Issue 51, eff. 12/21/2016