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Compiled text through Sep 15, 2021Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

All 6 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 437.1 - Eligibility

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Projects eligible for funding for municipal park projects may be either acquisition projects or development projects.

(a)Acquisition projects.

(1)Projects which shall be eligible for funding for acquisition shall be lands, waters and structures for public outdoor or indoor recreation uses, including new facilities or additions to existing facilities dedicated to public outdoor or indoor recreation such as parks, forests, natural areas and beaches. Types of acquisition which will be considered for funding shall include, but not be limited to, the following:

(i)areas with frontage on oceans, sounds, rivers, streams, lakes, canals, estuaries or reservoirs that will provide water-based public recreation, water access and open space preservation opportunities, or the acquisition of water bodies themselves;

(ii)land for creating water impoundments to provide water-based public recreation opportunities;

(iii)areas that provide passive recreation opportunities, such as open space areas, forests, flood plains and wetlands;

(iv)natural and environmentally significant areas and preserves and outstanding scenic areas where the objective of acquisition is to preserve the scenic, environmental or natural values; these areas must be open to the general public for recreation use to the extent that this will not cause the natural attributes of the areas to be seriously impaired or lost;

(v)land for day-use picnic areas, neighborhood playgrounds and tot-lots, areas adjacent to school playgrounds, and competitive nonprofessional sports facilities as well as more generalized parklands;

(vi)structures which are appropriate for use primarily for outdoor or indoor public recreation activities, such as skating rinks, swimming pools and court facilities; and

(vii)existing recreational facilities, including environmental education centers.

(2)Means of acquisition.

Acquisition may be accomplished through purchase, transfer, gift or process of eminent domain.

(3)Accelerated acquisition of environmental resources.

The office may, at the commissioner's discretion, accelerate procedures for acquisition of critical environmental areas due to imminent threat to environmental resources or an unexpected and temporary opportunity for acquisition. The commissioner may also consult with the Commissioner of Environmental Conservation regarding the possible availability of other funds for such acquisition.

(4)The following types of acquisition are not eligible for assistance under this Part:

(i)acquisition of historic sites and structures, unless it is clearly demonstrated that the acquisition is primarily for recreation purposes and that the historic aspects are a corollary to the primary recreation purposes;

(ii)acquisition of facilities of primarily educational or cultural interest, including but not limited to museums, libraries and theaters;

(iii)acquisition of areas or facilities designed to be used primarily for commercial semiprofessional and professional arts and athletics;

(iv)acquisition of areas and facilities to be used solely for game refuges or fish production purposes;

(v)acquisition of property containing luxury lodges, motels, full-service restaurants, inns and similar facilities which will be operated by the municipality or a concessionaire primarily to provide patrons with food and sleeping quarters;

(vi)acquisition of land for agricultural uses;

(vii)acquisition of lands on which no recreational opportunity will be provided within three years of acquisition, unless the municipality can demonstrate to the commissioner's satisfaction that immediate acquisition of such land is necessary and that provision for specific and appropriate recreational facilities will occur within a reasonable time;

(viii)acquisition of less than full title in lands, unless the municipality can clearly establish that any unacquired interests will not have a significant impact on the environment or the recreational uses intended for the lands.

(5)Appraisals.

Generally, the fair market value standard will be used as the basic measure of grant assistance for acquisition projects. The municipality shall secure at least one appraisal of the appropriate type for each parcel to be acquired. If the property is valued at $100,000 or more, two appraisals must be obtained. If the property is valued at less than $5,000, a short-form appraisal may be used at the discretion of the commissioner. Appraisals shall be prepared by an active consultant appraiser in accordance with the requirements of the office.

(b)Development and improvement projects.

(1)Projects which shall be eligible for assistance may be either new construction or rehabilitation of existing facilities, or a combination of both, and may include projects to provide for recreational activities, access to park areas, health and safety needs and protection and enhancement of significant natural elements.

(2)A project may consist of the complete or partial development of one area operable as a distinct recreational unit, such as a city park or village playground, or it may consist of a series of similar installations on a number of geographically separated areas, such as picnic facilities in a number of parks. In all cases, the project must be a logical unit of work to be accomplished in a specific time frame.

(3)

(i)Except as provided in subparagraph (ii) of this paragraph, projects will be funded only on facilities owned by or leased to the municipality or for which the municipality has acquired an easement. No project will be funded for leased property unless:

(a)the lease cannot be revoked at will by the lessor; and

(b)the term of the lease is sufficient, in the commissioner's judgment, to ensure a period of public use of at least 23 years from the date on which the check for the final payment on the project is issued by the State Comptroller and to assure compliance with section 437.6 of this Part.

(ii)A project may be carried out on State-owned land provided that a memorandum of understanding or comparable agreement between the municipality and the State agency having jurisdiction over the land has been executed which:

(a)states the purpose of the project and the conditions under which it is to be carried out; and

(b)contains terms and conditions sufficient in the commissioner's judgement to ensure a period of public use of at least 23 years from the date on which the check for the final payment on the project is issued by the State Comptroller and to assure compliance with section 437.6 of this Part.

(4)Development.

The following are examples of the types of facilities which are eligible for State assistance under this section:

(i)playing fields, playgrounds, rifle/pistol ranges and archery ranges;

(ii)tracks, courts, golf courses and gymnasiums;

(iii)picnic facilities—tables, fireplaces, shelters and related facilities;

(iv)trails—turnouts and trails for nature walks, hiking, bicycling and exercising;

(v)swimming facilities—beaches, pools and lifeguard towers;

(vi)boating facilities—marinas, docks, berths, ramps, lifts, storage and sewage facilities;

(vii)fishing, hunting and camping facilities—piers, access points, site preparation, fireplaces and tent platforms;

(viii)winter sports facilities—Alpine and Nordic skiing, speed or figure skating and ice hockey rinks;

(ix)camping facilities—site preparation, tables, fireplaces and tent platforms; and

(x)community gardens—land preparation, perimeter fencing, perennial plantings, storage bins and sheds, irrigation systems, benches and walkways.

(5)Related facilities.

The following types of development which aid in the delivery of recreation may be eligible for funding:

(i)facilities to provide barrier-free access—the adaptation of new or existing outdoor or indoor recreational facilities and support facilities for use by disabled patrons;

(ii)support facilities—roads, parking areas, utilities, sanitation systems, warming huts, shelters, visitor information huts, kiosks, bathhouses, walkways, pavilions, rest rooms, locker rooms, first-aid rooms and equipment rental facilities;

(iii)operation and maintenance facilities—maintenance buildings, storage areas, administrative offices, dams, erosion control works, fences, sprinkler systems and directional signs, provided that such facilities support the operation and maintenance of the recreation resource on which they are located;

(iv)beautification—landscaping, renovation, clearing of areas damaged by natural disasters, screening, removal, relocation or burial of overhead powerlines, and dredging, where the need for such activities is not caused by inadequate maintenance; and

(v)energy conservation elements—solar energy systems, earth berms, windowshading devices, improved lighting insulation and facilities for assuring the efficient use of energy in recreation facilities.

(6)The following types of development projects are not eligible for assistance under this Part:

(i)operational equipment for boating facilities, such as buoys, life jackets, ropes or boats;

(ii)marinas that do not demonstrate an equitable method of allocating berth space, including established limits for space allocated for commercial charter fishing or sightseeing boats;

(iii)community garden equipment and supplies such as fertilizer, seeds, tools, water hoses, gardens planned as commercial enterprises;

(iv)facilities designed primarily for commercial semiprofessional or professional arts or athletics, such as theaters, stadiums and rodeo arenas;

(v)facilities that are to be used exclusively by disabled patrons unless they are part of a recreation area or facility which serves the general public,

(vi)mobile recreation units, including playmobiles, skatemobiles, swimmobiles, show wagons, puppet wagons and porta-bleachers;

(vii)informational materials and leaflets;

(viii)beautification and renovation projects that are part of a regular maintenance program;

(ix)indoor facilities that are not, or do not directly support, public recreational activity, including auditoriums, libraries and study areas; and

(x)roads constructed outside the boundaries of the recreation area which are not, in fact, access roads whose principal use is to serve the recreation area.

(7)Special situations.

The following types of development projects may be eligible for funding if it can be demonstrated to the satisfaction of the commissioner that such funding will be for public park and recreation purposes which are consistent with this Part:

(i)indoor multipurpose recreational facilities—indoor facilities appropriate for use for a variety of public recreational activities by all segments of the population, and related facilities which aid in the delivery of such recreational activities, as described in paragraph (5) of this subdivision;

(ii)educational institutions—recreation areas or facilities developed on the lands of public schools and colleges and universities for coordinated use by the general public and school groups, provided that they are not part of the normal and usual program responsibility of the educational institution and that the facilities are made available for public use on an equitable basis;

(iii)spectator facilities—amphitheaters, bleachers and other seating areas related to playing fields and other eligible facilities, provided such facilities are not designed primarily for commercial professional or semiprofessional arts or athletics, nor intercollegiate or interscholastic sports;

(iv)interpretive facilities—interpretive facilities that provide for the observation or interpretation of natural and environmental resources, including arboretums, aquariums, nature and environmental exhibits, nature interpretive centers and small demonstration farms;

(v)natural heritage institutions—institutions such as zoos, botanical gardens, arboretums and aquariums that own, care for and interpret for the public, living or systematically organized collections of biological specimens. Outdoor display facilities that portray a natural environmental setting that serves the specimen's physical, social, psychological and environmental needs are eligible. Traditional outdoor caging facilities and animal pens are not eligible, although grant assistance can contribute to the renovation of such facilities to achieve a more natural environmental setting as described above. Basic winter/adverse weather housing quarters that are separate and distinct from enclosed viewing and display areas, and which are used in direct support of outdoor display facilities, are also eligible;

(vi)food service—food service facilities whose primary purpose is to serve those participating in recreational activities. Restaurants whose primary clientele is not the users of the recreational facility are not eligible;

(vii)cabins—simple cabins which are part of a recreational camping experience. Motels, inns and lodges are not eligible;

(viii)group camps—group camps which are not intended for use by a particular organization but will be available to all on an equitable basis; and

(ix)utility rights-of-way—recreation facilities placed on utility rights-of-way where those facilities are not required to be provided by the utility itself.

9 NYCRR 437.2 - Application, review and ranking procedures

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Any municipality may apply for funds under this Part. If a municipality and a not-for-profit corporation are cooperating in the submission of an application, the municipality must execute the application and project agreement and shall have final responsibility for the implementation of the project.

(b)Preliminary applications.

The office has instituted a preliminary application process by which a conditional determination will be made regarding which projects will be funded during a particular grants cycle.

(1)Preliminary applications shall be submitted on forms to be furnished by the office. Forms may be obtained from the respective regional offices of the office which are listed in section 461.6 of this Title or by contacting the commissioner. For municipalities within the Catskill or Adirondack forest preserve, applications may be obtained from the appropriate regional office of the Department of Environmental Conservation or from the Division of Operations, Department of Environmental Conservation, 50 Wolf Road, Room 611, Albany, NY 12233.

(2)Prior to submitting a preliminary application, a municipality shall schedule a preapplication conference with the regional grants-in-aid representative. At the preapplication conference the application process, including the annual numerical ranking values and distribution of program funds, will be discussed and the regional grants representative will provide such information to the municipality as is necessary for the municipality to complete the preliminary application.

(3)The preliminary application shall contain the following:

(i)general applicant information;

(ii)documentation to demonstrate the source of the municipality's funding match and its commitment to operating and maintaining the facility;

(iii)a program narrative, containing information to be specified by the office, including but not limited to data on environmental resources;

(iv)a project cost breakdown;

(v)a project map; and

(vi)a copy of a resolution of the governing body of the municipality recommending the project to the commissioner.

(4)Three copies of the complete preliminary application shall be submitted to the appropriate Office of Parks, Recreation and Historic Preservation or Department of Environmental Conservation regional office, to the attention of the regional grants representative, no later than September 15th. Preliminary applications hand-delivered or postmarked after September 15th will not be accepted.

(c)Review of preliminary applications.

(1)All preliminary applications will receive at least two separate reviews, one of which shall be conducted by the regional office. The final decision on all preliminary applications shall be made by the commissioner.

(2)All applications will be reviewed in accordance with section 437.3 of this Part.

(3)Reviews of preliminary applications will be completed and the commissioner's decision made not later than December 31st. All applicants will be immediately notified of the commissioner's decision. Such decision will be in writing and, where projects will not be funded, will contain the reasons for this determination.

(4)Conditional approval of a preliminary application will mean that the project will be funded in that grant cycle, provided that the documentation required to convert the preliminary application into a complete final application is submitted by the municipality as required by this section.

(d)Final application.

A municipality that has received conditional approval of a preliminary application shall submit the following documents to the office as soon as possible, but no later than 60 days from the notification of conditional approval.

(1)proof of ownership, such as copies of deeds, leases and easements (required for development projects only);

(2)appraisal of property to be acquired in an acquisition project or to be used towards the municipal share of the cost of a project;

(3)general site map;

(4)detailed park location map, showing park boundaries and adjacent land uses;

(5)detailed boundary map, clearly establishing the subject area's boundaries and showing features such as road names and numbers, bodies of water, etc.;

(6)environmental management forms:

(i)supporting documentation to indicate compliance with the State Environmental Quality Review Act; and

(ii)coastal assessment form, if applicable;

(7)historic preservation forms:

(i)project review data sheet;

(ii)building-structure inventory forms; and

(8)additional material specified by the office in the notice of conditional approval of a preliminary application.

(e)Changes to project.

It is understood that in the preparation of the additional documentation for the final application, the need for changes to the project may be identified because of engineering, environmental and historic preservation concerns. If a final application will contain such changes, these changes shall be fully explained and justified and, where appropriate, supported by documentation. Final applications which contain changes from the preliminary application which are not explained to the satisfaction of the commissioner, or in which changes alter the nature of the project, will not be approved.

(f)Review of final application.

(1)The office will complete its review of the final application documentation and notify the municipality of the commissioner's approval as soon as possible, but no later than 60 days from receipt of the documentation.

(2)If the materials supplied by the municipality for the final application are incomplete or insufficient, the office will notify the municipality as soon as these deficiencies are known and will work with the municipality to assure the completion of an approvable application. In this case, notification by the office will be complete no later than 30 days after submission of complete final application documentation.

(g)Accelerated approvals.

If an approved preliminary application also contains the documentation required to convert it to a final application, early approval of the final application may be effected.

(h)LWCF applications not funded.

(1)The office shall consider applications for assistance from the Federal Land and Water Conservation Fund (LWCF) which were not funded.

(2)In order for such a project to be considered, the municipality shall complete and submit the preliminary application according to the procedures established by this section.

(3)The municipality may alter, revise or update any part of the application.

(4)The preliminary application will be reviewed and ranked along with all other preliminary applications received by the office for that grants cycle.

(5)If an approved preliminary application contains the documentation required to convert it to a final application, early approval of the final application will be effected.

(6)Municipalities may obtain copies of unfunded LWCF applications on file by contacting the regional grants-in-aid representative.

(i)Joint applications.

Joint applications between municipalities will be considered provided that the preliminary application clearly establishes to the satisfaction of the commissioner the various responsibilities of each participating municipality, including which municipality shall have primary responsibility for being the contact with the office.

9 NYCRR 437.3 - Criteria used in ranking

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)All projects will be ranked in accordance with the EQBA Rating System. Any changes in the criteria and their relative weights will be proposed by the commissioner each year. Preliminary applications rolled over from the previous grant cycle will be rerated according to the criteria and weights for the grants cycle in which they are being reconsidered.

(b)Criteria which will be considered in ranking projects will generally include the following:

(1)the relationship of the project to statewide, regional and local recreation plans or assessments of need;

(2)the degree to which local recreation deficiencies will be satisfied by the project;

(3)the cost effectiveness of the project in reducing recreation deficiencies and the extent of open space/natural resource protection;

(4)project components that will maximize its use and accessibility, such as length of operating season, inclusion of facilities for disabled patrons beyond that required by State statute, and the degree of access to the facility through the use of mass transportation systems;

(5)the degree to which the project increases access to water-based activities;

(6)social and economic characteristics of the community, and associated impacts;

(7)the ability of the project to both protect and utilize the natural resources in a compatible fashion; and

(8)the ability of the community to follow through with the proposed project in both the construction and operational phases.

(c)In the case of closely ranked projects, other rating factors may be considered by the office in determining projects to be funded. These may include special engineering, environmental and historic preservation concerns, consideration given to creative and innovative projects and particular demographic factors relating to the size, location and financial status of the municipality making the application.

9 NYCRR 437.4 - Funding

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)The State share of the cost of a municipal park project shall not exceed 50 percent of the approved project cost, less any Federal assistance or any other State assistance received or to be received for the project.

(b)The cost of a project, for determining the State share, shall include engineering and architectural services, plans and specifications, consultant and legal services, and other direct expenses incidental to such project.

(c)Payment of the State funds for a project shall be on a reimbursement basis only. The municipality shall submit periodic billings for reimbursement of the State share as work is performed and costs incurred.

(d)Municipal share of cost.

(1)The municipal share of the cost of a project may consist of funds or the value of services, materials, equipment or real property provided by the municipality or donated to the municipality for the particular project which is the subject of the State grant. The sources and amounts of the municipal share shall have the prior approval of the commissioner.

(2)Real property may be property purchased by or donated to the municipality for the particular park project which is the subject of the grant, or may be property already owned by the municipality which has not been previously operated for park purposes. The value of real property will be the fair market value as established by appraisal in accordance with the requirements of the office.

(e)Waivers of retroactivity.

To be eligible for reimbursement as part of the State grant, or for approval as part of the municipal share, all services, materials and equipment must be provided during the term of the grant. An exception will be made only when an immediate action on a project is necessary and the time required to process an application would result in an opportunity being lost. Credit for work performed prior to the approval of an application will be granted according to the following conditions:

(1)Waivers of retroactivity will be granted only for acquisition projects or for the acquisition of real property whose value may be used as all or part of the municipal share of the cost of the project.

(2)The municipality shall notify the office in writing of the necessity for a waiver of retroactivity and provide such information about the proposed action, including environmental data, as is requested by the office.

(3)If the office grants a waiver, the retroactive costs will be eligible for assistance or use as a match only if the project is subsequently approved. The retroactive costs are incurred at the municipality's risk, since the granting of a waiver by the office is only an acknowledgment of the need for immediate action; it does not insure that the project will be approved.

(4)In order for retroactive costs to be eligible for assistance or use as a match, the municipality must submit a preliminary application for the project in the grant cycle following the one in which the waiver is granted.

(5)A finding by the office that the activity for which a retroactive waiver is sought will have a significant adverse environmental effect may preclude the granting of such waiver.

(f)The cost of a project, for determining the State share, shall not exceed the amount set forth in the application as approved by the commissioner. The State shall not be responsible for any increases in the cost of the project after the date of the commissioner's approval.

9 NYCRR 437.5 - Restrictions on use; fees

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)A municipality may not restrict the use of facilities acquired or developed under this Part by persons who are not residents of the municipality without the express approval of the commissioner.

(b)Fees.

A municipality may charge a reasonable fee for the use of facilities acquired or developed under this Part.

(1)Fees charged to nonresidents cannot exceed twice those charged to residents.

(2)Where there is no charge for residents but a fee is charged to nonresidents, nonresident fees cannot exceed fees charged for residents at comparable State or local public facilities.

(3)Reservation, membership or annual permit systems available to residents must also be available to nonresidents, and the period of availability must be the same for both residents and nonresidents.

(4)This provision does not apply to nonresident fishing and hunting license fees.

9 NYCRR 437.6 - Alienation

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Facilities acquired or developed by a municipality pursuant to this Part shall not be sold or disposed of or used for other than public park purposes without the express authority of an act of the Legislature, which shall provide for the substitution of other lands of equal fair market value and reasonably equivalent usefulness and location to those to be discontinued, sold or disposed of, and such other requirements as shall be approved by the commissioner.

9 NYCRR 437.7 - 437.7 to 437.11 [Repealed]

Repealed or removed in compiled source

The compiled source records this section as repealed. We hold the witnessed tombstone record; see the source for details.

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

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