RAPID/Roadmap/3-NY-b

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Regulatory and Permitting Information Desktop Toolkit

New York State Land Right-of-Way (3-NY-b)

In New York, a hydropower developer may need to obtain a right-of-way easement from the appropriate state agency if proposed hydropower facilities (including hydroelectric power structures, intake and discharge pipes, pipelines, cables and conduit lines, and/or fill materials) will be located in, on, or above State owned real property. “State-owned real property” includes all lands and buildings, structures, facilities, and improvements to which title is vested in the people of New York. New York Public Lands Law §2.


State Land Right-of-Way Process

3-NY-b.1 – Will Part of the Proposed Project Be Located In, On or Above State Lands Under the Jurisdiction of the Office of General Services?

The New York State Office of General Services (OGS) has jurisdiction and management control over all state lands not vested in another office, state department, division, bureau or agency. The commissioner of the OGS may grant rights and easements in perpetuity for the use of state lands under the OGS’s jurisdiction, including state lands underwater. New York Public Lands Law §3. If part of the proposed project will be located in, on or above state lands under the jurisdiction of the OGS, the developer should contact the OGS for more information on applying for an easement to use state lands.

3-NY-b.2 to 3-NY-b.4 – Will Part of the Proposed Project Be Located In, On or Above State Lands Under Water?

In New York, most navigable waters, and the beds of navigable waters, are owned by the State and are held in trust by the OGS. A hydropower developer may need to obtain an easement from the OGS if hydropower facilities (including hydroelectric power structures, intake and discharge pipes, pipelines, cables and conduit lines, and/or fill materials) will be located in, on, or above State owned underwater lands. 9 CRR-NY 271-1.1; New York State Office of General Services: Lands Underwater. For more information on obtaining an easement to use state lands underwater, see:

Easement to Use State Lands Underwater:
3-NY-f

3-NY-b.5 to 3-NY-b.7 – Will Part of the Proposed Project Be Located In, On or Above State Lands Outside the Jurisdiction of the Office of General Services?

If part of the proposed project will be located in, on or above state lands outside the jurisdiction of the OGS, the developer should contact the appropriate state agency with jurisdiction over the proposed project area. Constitutional and statutory restrictions may prohibit the use of State lands acquired for their open space values, absent a constitutional or statutory amendment.




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