N.Y. Comp. Codes R. & Regs. tit. 17 § 134.8

Current through Register Vol. 46, No. 36, September 4, 2024

Section 134.8 - Scenic and environmental preservation

(a) The department may preclude or limit vegetation removal from the State highway right of way based upon environmental, soil and erosion control, soil stability, safety, scenic or historical concerns in order to promote compliance with Federal or State law or regulations or executive orders, including, but not limited to, the Environmental Conservation Law, the rules and regulations of the New York State Department of Environmental Conservation, the rules and regulations of the Office of Parks, Recreation and Historic Preservation, and regulations and policies protecting wetlands, park lands and scenic or recreational lands or areas.

(b) If the department determines the vegetation displays outstanding features, such as a species in need of protection, exceptional age, landmark or historic status or value, unusual value due to appearance, or location, or special desirability to the State, a municipality, or community, such vegetation may be excluded from control pursuant to this Part.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 134.8