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Regulation Development for Conservation Easements

The Department of Environmental Conservation (DEC) is developing a regulation to provide a process for the DEC to follow if the modification or extinguishment of a DEC held Conservation Easement is warranted. The regulation will be developed pursuant to the authority set forth in Article 49 of the Environmental Conservation Law (ECL) (Conservation Easements).

The regulation will establish specific criteria and procedures that DEC will use when modifying or terminating a conservation easement held by DEC and will establish an administrative process for DEC to follow. The statutory authority to modify or extinguish DEC Conservation Easements is found in ECL Section 49-0305, and more specifically, in ECL Section 49-0307.

DEC has used conservation easements successfully to further its conservation mission. This rulemaking will formalize by regulation the procedure DEC currently follows when modifying a Conservation Easement in accordance with the standards set forth in ECL 49-0307.

There will be a public comment period when the regulation is proposed. If you want to express an opinion regarding the proposed rulemakng you may e-mail your comments or mail them to:

Conservation Easements Program
Division of Lands and Forests
625 Broadway
Albany, NY 12233-4250

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