N.Y. Parks Rec. & Hist. Preserv. Law § 13.14

Current through 2024 NY Law Chapter 457

Section 13.14 - Closure of lands owned, held or administered by the office

1. Except as provided in subdivision five of this section, not less than six months before the proposed permanent closure of a park or historic site owned, held or administered by the office, the commissioner shall issue a draft report that provides the justification and rationale for such closure including, but not limited to:

(a) a full description of the real property;

(b) the purposes that the park or historic serves to the people of the state;

(c) an analysis of the potential harm to such real property from vandalism, lack of management and maintenance, and other impacts from the lack of regular oversight by the office;

(d) the impact of such proposed closure on the entire real property system owned and operated by the office; and

(e) such other factors that are particularly relevant to the real property and its function as state land.

2. Not less than four months before the proposed permanent closure of public access to such park or historic site, the commissioner shall provide public notice of and conduct one or more public hearings in the impacted area of the proposed closure. Notice of any such hearing shall be in the environmental notice bulletin. Each public hearing shall accept written statements in lieu of an oral presentation.

3. Upon conclusion of the public hearings on a closure, the commissioner shall issue a final report which includes the response on all issues raised at the hearings and information entered into the hearing record. Such final report shall be posted on the website of the office.

4. The commissioner shall issue and submit to the governor, the temporary president of the senate, the speaker of the assembly, the chair of the senate cultural affairs and tourism committee and the chair of the assembly, parks, arts and sports development committee a findings statement on each proposed closure that provides the justification for such closure or, in the alternative, the information that supports the continued operation of the real property.

5. The requirements of this section shall not apply to seasonal park closures, temporary closures due to inclement weather or as reasonably necessary to effectuate repairs, maintenance or capital improvements, or temporary limits on public access for routine operational reasons, such as public safety or other emergencies.

N.Y. Parks Rec. and Hist. Preserv. Law § 13.14

Added by New York Laws 2019, ch. 585,Sec. 1, eff. 12/6/2019.