Authorizes and directs the commissioner of transportation to grant a perpetual conservation easement to certain entities over certain state-owned lands in the hamlets of Setauket and Port Jefferson Station, Suffolk County.
STATE OF NEW YORK
________________________________________________________________________
10161
IN SENATE
May 1, 2026
___________
Introduced by Sens. MARTINEZ, PALUMBO -- read twice and ordered printed,
and when printed to be committed to the Committee on Environmental
Conservation
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
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and intent. 1. The legislature hereby
2 finds and declares that:
3 (a) Certain lands located in the hamlets of Setauket and Port Jeffer-
4 son Station, Suffolk County, under the jurisdiction of the New York
5 State Department of Transportation, constitute an ecologically signif-
6 icant greenway corridor providing tree canopy, non-motorized transporta-
7 tion opportunities to connect to businesses and community uses, and
8 passive recreational opportunities.
9 (b) Preservation of such lands is consistent with article 49 of the
10 environmental conservation law, including but not limited to sections
11 49-0301 and 49-0305 of such law.
12 (c) The permanent protection of such lands through a conservation
13 easement serves the public interest.
14 (d) Limited flexibility may be necessary in the future to accommodate
15 transportation safety, environmental restoration, or other public
16 purposes, provided that conservation value of this corridor is not
17 diminished.
18 2. Accordingly, it is the purpose of this act to authorize and direct
19 the granting of a perpetual conservation easement while establishing
20 strict standards for any future limited modification.
21 § 2. Conservation easement authorization. 1. Notwithstanding any
22 inconsistent provision of law, the commissioner of transportation is
23 hereby authorized and directed, pursuant to article 49, title 3 of the
24 environmental conservation law, including but not limited to sections
25 49-0303 and 49-0305, to grant a perpetual conservation easement over
26 certain real property under the jurisdiction of the department located
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14972-01-6
S. 10161 2
1 in Suffolk County, commonly referred to as the Setauket-Port Jefferson
2 Station Greenway corridor.
3 2. Such conservation easement shall:
4 (a) prohibit residential, commercial, industrial, or roadway develop-
5 ment inconsistent with open space preservation;
6 (b) preserve the property in its natural, scenic, and open space
7 condition;
8 (c) permit passive recreational uses including trails, walking paths,
9 habitat restoration, and environmental education; and
10 (d) run with the land in perpetuity.
11 3. The easement shall be granted to one or more of the following enti-
12 ties, subject to acceptance:
13 (a) the commissioner of the New York State Office of Parks, Recreation
14 and Historic Preservation;
15 (b) Suffolk County;
16 (c) the Town of Brookhaven;
17 (d) a not-for-profit conservation organization qualified under subdi-
18 vision one of section 49-0305 of the environmental conservation law.
19 § 3. Limited modification and re-routing authority. 1. Notwithstanding
20 section 49-0307 of the environmental conservation law, the conservation
21 easement authorized by this act may be amended solely for the purpose of
22 boundary adjustments or re-routing of trail alignments, provided that:
23 (a) such amendment is necessary to address infrastructure protection,
24 environmental restoration, or other demonstrated public necessity;
25 (b) there shall be no net loss of acreage subject to the easement;
26 (c) any lands removed from easement protection shall be replaced
27 contemporaneously with lands of equal or greater acreage, fair market
28 value, ecological function, and public recreational utility within the
29 same municipality or adjacent municipality in Suffolk County;
30 (d) the substituted lands shall be permanently protected by a conser-
31 vation easement of equal or greater restriction;
32 (e) the holder of the easement consents in writing; and
33 (f) the commissioner of environmental conservation determines that the
34 amendment is consistent with article 49 of the environmental conserva-
35 tion law and will not materially impair conservation purposes.
36 2. Any such amendment shall be:
37 (a) subject to public notice and a minimum thirty-day public comment
38 period; and
39 (b) accompanied by written findings demonstrating compliance with this
40 section.
41 3. No amendment shall authorize development of a type or scale other-
42 wise prohibited under this act.
43 § 4. Public lands law compliance. 1. The granting of such easement and
44 any amendment consistent with section three of this act is deemed to
45 serve a public purpose.
46 2. To the extent applicable, section three of the public lands law
47 shall be satisfied by the enactment of this act and compliance with
48 section three of this act.
49 § 5. Survey and description. Prior to conveyance or amendment, the
50 commissioner of transportation shall cause a survey and metes and bounds
51 description to be prepared and filed.
52 § 6. Severability. If any clause, sentence, paragraph, subdivision,
53 section or part of this act shall be adjudged by any court of competent
54 jurisdiction to be invalid, such judgment shall not affect, impair, or
55 invalidate the remainder thereof, but shall be confined in its operation
56 to the clause, sentence, paragraph, subdivision, section or part thereof
S. 10161 3
1 directly involved in the controversy in which such judgment shall have
2 been rendered. It is hereby declared to be the intent of the legislature
3 that this act would have been enacted even if such invalid provisions
4 had not been included herein.
5 § 7. This act shall take effect immediately.
