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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 AG8-1-12 1