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2012 NY Att'y Gen. Rep. & Op. 1 (2012)

handle is hein.nyattgen/nysag0133 and id is 1 raw text is: OPINIONS
OF THE NEW YORK STATE
A-TORNEY GENERAL
Opn. No. F 2012-1
Parks, Recreation And Historic Preservation Law §§ 15.03(2), 15.09, 15.11,
Article 15
Questions relating to circumstances under which logging on mu-
nicipal parkland constitutes a non-park purpose.
The Office of Parks, Recreation & Historic Preservation
(OPRHP) assists municipalities in determining whether a pro-
posed use of parkland is consistent with park purposes. In the
context of providing such assistance, you have asked several
questions relating to logging on municipal parkland. Once
land has been dedicated as public parkland, legislative ap-
proval is required when there is a substantial intrusion on that
land for non-park purposes. Friends of Van Cortlandt Park
v. City of New York, 95 N.Y.2d 623, 630 (2001). Your ques-
tions relate to the circumstances under which logging on mu-
nicipal parkland constitutes a non-park purpose.
You have presented the following facts:
A municipality wants to establish a forest management plan
that would allow stands of mature timber in municipally-
owned parkland to be harvested using best management prac-
tices, including forest stewardship guidelines established by
the Department of Environmental Conservation. One of the
goals of the forest management plan would be to enhance the
health of the forest and bolster its ability to fight infestations
of invasive insects. Certain areas of the park that are currently
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