§ 15-2709 — Administration of the system

New York § 15-2709

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 27: Wild, Scenic and Recreational Rivers System
• Art. 15: Water Resources

Text

§ 15-2709. Administration of the system.\n 1. The wild, scenic and recreational rivers system shall be\nadministered in accordance with their respective jurisdictions by the\ncommissioner or the agency according to policies and criteria set forth\nin this title upon establishment of the boundaries of each river area in\naccordance with section 15-2711 of this chapter. The commissioner or\nagency shall make and enforce regulations necessary for the management,\nprotection, and enhancement of and control of land use and development\nin the wild, scenic and recreational river areas. No regulations shall\nbe promulgated unless a publicized public hearing is held in the\nenvironmental conservation region encompassing the affected area by the\ncommissioner or agency. In such administration, primary emphasis shall\nbe given to protecting ecological, recreational, aesthetic, botanical,\nscenic, geological, fish and wildlife, historical, cultural,\narcheological and scientific features of the area. In connection with\nsuch administration, the commissioner or the agency may provide for the\npreparation and implementation of management plans for individual river\nareas or significant portions thereof.\n 2. After inclusion of any river in the wild, scenic and recreational\nrivers system, no dam or other structure or improvement impeding the\nnatural flow thereof shall be constructed on such river except as\nexpressly authorized in paragraphs b and c of this subdivision.\nNotwithstanding anything herein contained to the contrary, existing land\nuses within the respective classified river areas may continue, but may\nnot be altered or expanded except as permitted by the respective\nclassifications, unless the commissioner or agency orders the\ndiscontinuance of such existing land use. In the event any land use is\nso directed to be discontinued, adequate compensation therefor shall be\npaid by the state of New York either by agreement with the real property\nowner, or in accordance with condemnation proceedings thereon. The\nfollowing land uses shall be allowed or prohibited within the exterior\nboundaries of designated river areas depending on the classification of\nsuch areas:\n a. In wild river areas, no new structures or improvements, no\ndevelopment of any kind and no access by motor vehicles shall be\npermitted other than forest management pursuant to forest management\nstandards duly promulgated by regulations.\n b. In scenic river areas, the continuation of present agricultural\npractices, the propagation of crops, forest management pursuant to\nforest management standards duly promulgated by regulations, limited\ndispersed or cluster residential developments and stream improvement\nstructures for fishery management purposes shall be permitted. There\nshall be no mining, excavation, or construction of roads, except private\nroads necessary for residential, agricultural or forest management\npurposes, and with the further exception that public access through new\nroad construction may be allowed, provided that there is no other such\naccess within two land miles in either direction.\n c. In recreational river areas, the lands may be developed for the\nfull range of agricultural uses, forest management pursuant to forest\nmanagement standards duly promulgated by regulations, stream improvement\nstructures for fishery management purposes, and may include small\ncommunities as well as dispersed or cluster residential developments and\npublic recreational areas. In addition, these river areas may be readily\naccessible by roads or railroads on one or both banks of the river, and\nmay also have several bridge crossing and numerous river access points.\n 3. In addition to the provisions of article 70 of this chapter and\nrules and regulations adopted thereunder, the rules and regulations\nadopted by the department pursuant to this title to implement its\nprocessing of permit applications, modifications, suspensions and\nrevocations shall govern permit administration by the department under\nthis title.\n