Governor, AG Agree on Expedited Process to Facilitate Open Space Acquisitions

ALBANY—New York Gov. Kathy Hochul and New York Attorney General Letitia James announced on Nov. 10 what they termed as “a landmark agreement to modernize the process to secure and protect critical open spaces statewide.”

The Memorandum of Agreement identifies steps to streamline both agencies’ processes for review of conservation projects, including the use of title insurance as an efficiency tool for many state fee and easement land conservation transactions.

The Memorandum of Agreement (MOA) streamlines and clarifies the legal and administrative review procedures for fee and conservation easement acquisitions to facilitate and expedite open space projects that preserve water quality, protect wildlife habitat and diverse ecosystems, promote working lands and support rural economies, increase climate mitigation and resiliency, and expand recreation and public access opportunities across the state. At the direction of Governor Hochul, the Department of Environmental Conservation (DEC) and the Office of Attorney General (OAG) collaboratively developed the new procedures to help the state meet its conservation targets while still providing critical legal oversight.

One of the most important process improvements in the agreement involves the ability to increase the use of commercial title insurance in certain instances, a tool to safeguard taxpayer investment while avoiding the need to engage in the often lengthy and resource-heavy title review process for each acquisition project. This step brings New York in line with other states and helps not only DEC, but also the many land trusts and other open space acquisition partners working to verify a marketable title and reduce lengthy research delays that could jeopardize a significant fee or easement purchase.

“Land conservation is one of the primary tools we can use to protect our natural resources,” Gov. Hochul said. “At a time when Washington Republicans have launched a full-on assault on the environment, this agreement exemplifies my commitment, and that of Attorney General James and DEC, to advancing critical land acquisitions to ensure New Yorkers have increased and equitable public access to lands, forests and waterways, while still ensuring protective oversight. Together, we will continue to protect our natural resources and support our staff responsible for protecting State lands.”

New York State Attorney General Letitia James said, “The Office of the Attorney General is proud to work with Governor Hochul and the New York State Department of Environmental Conservation to protect our state’s natural resources and help New York meet its conservation goals long into the future. As the federal government continues to shrink from its responsibility to protect some of our most precious resources, it is critically important that New York secure the ecological balance needed to keep us prosperous and healthy for generations to come.”

To date, the DEC has preserved nearly five million acres of land through fee or conservation easements across all land management categories. Many of these acquisitions are guided by the New York State Open Space Conservation Plan and supported by the State Environmental Protection Fund (EPF). Among the many environmental achievements in the enacted 2025-26 State Budget, Governor Hochul increased the EPF to a historically high $425 million. The EPF supports climate change mitigation and adaptation efforts, improves agricultural resources to promote sustainable agriculture, protects water sources, advances conservation efforts, and provides recreational opportunities for New Yorkers. The EPF also supports New York’s 30x30 initiative, which commits to conserving 30% of lands and waters by 2030.