BILL NUMBER: S10161
SPONSOR: MARTINEZ
 
TITLE OF BILL:
An act in relation to authorizing and directing the conveyance of a
conservation easement over certain state-owned lands in the hamlets of
Setauket and Port Jefferson Station, Suffolk County
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to permanently protect the Setauket-Port
Jefferson Station Greenway Trail through the granting of a conservation
easement.
 
SUMMARY OF PROVISIONS:
Section 1. States the Legislative Findings and Intent.
Section 2. Authorizes and directs the Commissioner of Transportation,
pursuant to Article 49, Title 3 of the Environmental Conservation Law,
to grant a perpetual conservation easement over the corridor to ensure
its long-term preservation as protected open space. The easement shall
maintain the land in its natural and scenic condition, restrict develop-
ment inconsistent with conservation purposes, and allow for compatible
passive recreational uses. The easement may be conveyed to a qualified
governmental entity or not-for-profit conservation organization.
Section 3. Establishes narrowly tailored standards governing any future
amendment of the easement. Amendments are limited to boundary adjust-
ments or trail re-routing and may occur only upon a determination that
there will be no net loss of protected acreage and that any substituted
lands provide equal or greater ecological and recreational value. Such
action requires the written consent of the easement holder, a finding by
the Commissioner of Environmental Conservation that conservation
purposes will not be materially impaired, and compliance with public
notice and written findings requirements.
Section 4. Declares that the granting of the easement and any amendment
consistent with Section 3 serve a public purpose.
Section 5. Requires preparation of a survey and metes and bounds
description prior to any conveyance or amendment.
Section 6. Establishes a severability clause.
Section 7. Establishes the enacting clause.
 
JUSTIFICATION:
The Setauket-Port Jefferson Station Greenway Trail is one of the few
remaining linear open space corridors in the highly developed region of
Suffolk County, Long Island. It provides meaningful environmental and
community benefits, including preservation of tree canopy, habitat
continuity, stormwater absorption, and safe, non motorized connectivity
between neighborhoods, local businesses, and civic destinations. Its
preservation advances environmental, transportation, and quality of life
interests in a densely developed suburban region.
Article 49 of the Environmental Conservation Law provides a clear frame-
work for protecting open space and lands that offer environmental and
recreational value. This legislation uses that existing framework to
ensure the long term preservation of the greenway corridor while main-
taining public ownership and responsible stewardship. This reflects a
practical application of established conservation tools.
New York has repeatedly preserved former transportation corridors for
public greenway and trail use. The Bethpage Bikeway on Long Island
stands as a clear example of a transportation corridor permanently
protected for recreational and non motorized use. The Empire State Trail
and numerous rail to trail conversions further demonstrate the State's
recognition that linear corridors are uniquely suited for long term open
space preservation and active non motorized transportation infrastruc-
ture.
In a region facing continued development pressure, groundwater sensitiv-
ity, and intensifying climate impacts, the protection of remaining green
spaces is both prudent and necessary. This legislation reflects the
priorities of the surrounding community and helps ensure that this
greenway remains a publicly accessible and protected resource for resi-
dents in perpetuity.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.