Endangered Species - Habitat Provisions - New York

In addition to the powers, functions and duties conferred upon it by compact, the commission, subject to the approval of the commissioner, shall, within the eighth park region:...

9. Do all other things which are necessary or desirable in carrying out its functions, powers and duties including wherever possible, the provision of habitat for various wildlife species including endangered and threatened species of fauna through practices such as ecological restoration, wetland conservation and the planting of trees, shrubs and herbaceous plants indigenous to the area which act as food and protective cover for fauna on those lands under the jurisdiction of the commission. Selection of plant species or communities of species shall take into consideration the natural, ecological, historic, archeological, aesthetic, and public use resources in the immediate areas as well as the management goals of the park or site.

Citation: McKinney's PRHPL § 9.05.

(3) Land use areas...

g. Resource management areas. (1) Character description. Resource management areas, delineated in green on the plan map, are those lands where the need to protect, manage and enhance forest, agricultural, recreational and open space resources is of paramount importance because of overriding natural resource and public considerations. Open space uses, including forest management, agriculture and recreational activities, are found throughout these areas. Many resource management areas are characterized by substantial acreages of one or more of the following: shallow soils, severe slopes, elevations of over twenty-five hundred feet, flood plains, proximity to designated or proposed wild or scenic rivers, wetlands, critical wildlife habitats or habitats of rare and endangered plant and animal species...

(2) Purposes, policies and objectives. The basic purposes and objectives of resource management areas are to protect the delicate physical and biological resources, encourage proper and economic management of forest, agricultural and recreational resources and preserve the open spaces that are essential and basic to the unique character of the park. Another objective of these areas is to prevent strip development along major travel corridors in order to enhance the aesthetic and economic benefits derived from a park atmosphere along these corridors...

Citation: McKinney's Executive Law § 805.

...3. Selection. The remedial program for a site shall be selected upon due consideration of the following factors:...

(i) Land use. The current, intended, and reasonably anticipated future land uses of the site and its surroundings shall be considered in the selection of the remedy for soil remediation, provided the department determines that there is reasonable certainty associated with such use. If the use proposed for the site does not conform with applicable zoning laws or maps or the reasonably anticipated future use of the site determined by the department pursuant to this section, the department shall disapprove such use. The reasonably anticipated future use of the site and its surroundings shall be documented by the applicant and determined by the department, taking into consideration factors including, but not limited to, those listed below:...

(xii) Natural resources, including proximity of the site to important federal, state or local natural resources, including waterways, wildlife refuges, wetlands, or critical habitats of endangered or threatened species...

Citation: McKinney's ECL § 27-1415.

The pitch pine-scrub oak barrens or pine barrens in the city of Albany and towns of Guilderland and Colonie and known as the “Albany Pine Bush” or “Pine Bush” is a landscape of rare and endangered natural communities and species identified by the New York natural heritage program. Its location at the center of a major urban area makes it especially valuable as an open space resource and, if properly managed, as a passive recreation area and educational laboratory.

Both state, municipal and private actions have been taken to protect the remaining Albany Pine Bush. Because of the fragile qualities of the Pine Bush and its dependence on periodic fires, effective, coordinated management of the remaining Albany Pine Bush is essential.

The legislature hereby declares it to be in the public interest to protect and manage the Albany Pine Bush by establishing an Albany Pine Bush preserve consisting of dedicated public and dedicated private land and a commission made up of representatives of state and local governments and private citizens to manage the preserve for purposes of its protection and controlled and appropriate recreation and education purposes.

Citation: McKinney's ECL § 46-0101.

...7. State-owned waters, lands or portions thereof may be designated as natural heritage areas in order to conserve and manage plants, wildlife or ecological communities, with an emphasis on rare plants, wildlife, and ecological communities which support such plants or wildlife. a. For purposes of this title, a site shall be eligible for designation as a “natural heritage area” if it matches one or more of the following criteria:

(i) provides habitat for “endangered species” or “threatened species” as defined in section 11-0535 of this title for animals and 9-1503 of this chapter for plants...

Citation: NY CLS ECL § 11-0539.

The office by and through the commissioner, shall:... 

15. Enhance the natural resources within the state park, recreation and historic site system by providing habitat for various wildlife species including endangered and threatened species of fauna through practices such as ecological restoration, wetland conservation and the planting of trees, shrubs and herbaceous plants indigenous to the area which act as food and protective cover for fauna. Selection of plant species or communities of species shall take into consideration the natural, ecological, historic, archeological, aesthetic, and public use resources in the immediate areas as well as the management goals of the park or site...

Citation: NY CLS PRHPL § 3.09.