Statewide - Eligibility Guidelines for Open Space Conservation Acquisition through the New York State Department of Environmental Conservation
Public Notice
Eligibility Guidelines for Open Space Conservation Acquisition through the New York State Department of Environmental Conservation
The New York State Department of Environmental Conservation (NYS DEC) has developed the following eligibility guidelines to allocate funding under the Clean Water, Clean Air and Green Jobs Environmental Bond Act of 2022 (Bond Act) Sec 58-0503(1)(a) for the protection of open space lands statewide. Protection of open spaces is a critical tool for climate resilience and adaption, provides New Yorkers with enhanced access to recreational opportunities, and preserves and improves habitat conservation and biodiversity.
NYS DEC will complete open space land conservation projects including fee acquisition and acquisition of easements through both DEC led acquisition and the provision of grants to not-for-profit organizations and municipalities to implement projects. DEC will use the feedback received on these draft eligibility guidelines to develop grants programs to deliver conservation objectives.
Eligible Open Space Projects
Eligible projects include those that align with the 2016 New York State Open Space Conservation Plan[1] (Plan), successor plans and/or meet the following criteria identified as “New York’s Open Space Conservation Goals”:
- To protect water quality, including surface and underground drinking water supplies, lakes, streams, and coastal and estuarine waters needed to sustain human life and aquatic ecosystems;
- To provide accessible, quality outdoor recreation and open space to all New Yorkers;
- To protect habitat for the diversity of plant and animal species to ensure the protection of healthy, viable, and sustainable ecosystems;
- To improve quality of life and overall health in communities, especially those with limited current access to open space;
- To maintain critical natural resource-based industries such as farming, forest products, fishing, and tourism;
- To address global climate change by encouraging more compact community design patterns;
- To address global climate change by sustainable stewardship of forests for climate mitigation and adaptation;
- To address climate change by protecting coastlines, broad riparian corridors, and wetlands;
- To address global climate change by adding to the tree canopy in urban centers and urban communities to moderate temperature fluctuations, thereby lowering energy consumption;
- To maintain an interconnected network of protected lands and waters enabling flora and fauna to adapt to climate change;
- To protect habitat to sustain the traditional pastimes of hunting, fishing, trapping, and wildlife viewing;
- To provide places available to all New Yorkers for education and research relating to ecological, environmental, and cultural resources;
- To protect and enhance scenic, historic, and cultural resources considered to be valued parts of the common heritage of residents where such projects have a direct nexus to open space preservation, land conservation, and/or recreation;
- To strategically preserve, restore, and/or create a matrix of natural systems sufficiently complex and interconnected to be self-sustaining while performing the critical natural functions necessary to sustain life;
- To improve quality of life with targeted green infrastructure that restores environmental benefits of open space, aesthetics, clean air, water, soil, and access to nature in disadvantaged communities that have suffered an excessive, unfair share of environmental degradation; and/or
- To identify, sustain, and rebuild natural lands, features, and systems that prevent or buffer impacts to life and property from extreme weather events; and/or
- support “Actions” identified in the current Plan in association with:
- promoting outdoor recreation;
- addressing climate change;
- ensuring clean water, air, and land for a healthy public and a vibrant economy; and/or
- protecting, utilizing, and conserving the State’s natural resources and cultural heritage.
Eligibility NYS DEC is authorized to undertake open space land conservation projects, enter into an agreement for purchase of real property or conservation easements on real property with willing sellers, and to implement recreational projects and infrastructure improvements.
Eligible Applicants for Associated Grants Not-for-profit corporations and municipalities, as provided in subdivision 58-0101(8), municipalities are defined as a local public authority or public benefit corporation, a county, city, town, village, school district, supervisory district, district corporation, improvement district within a county, city, town or village, or Indian Nation or tribe recognized by the state or the United States with a reservation wholly or partly within the boundaries of New York State, or any combination thereof.
Eligible Costs The value of the rights being acquired, and associated transaction costs acceptable to NYS DEC, including but not limited to: appraisals, legal fees, title insurance, and boundary survey.
The Bond Act requires that disadvantaged communities shall receive no less than 35 percent, with the goal of 40 percent, of the benefit of total Bond Act funds ($4.2 billion). Disadvantaged communities are those identified by the Climate Justice Working Group, pursuant to the Climate Leadership and Community Protection Act. Consistent with this Bond Act requirement, DEC will aim to prioritize 40 percent of project benefits to disadvantaged communities.
Public comments on the guidelines are to be submitted in writing to the contact listed below and will be accepted until Friday, July 19, 2024, at 5:00 p.m.
[1] https://dec.ny.gov/nature/open-space/2016-open-space-conservation-plan
Pieter Bridge
NYS DEC - Lands and Forests
625 Broadway,
Albany, NY 12233
