N.Y. HAY Law § 349-CC — New York Code / Act HAY / Article 12-C / Section 349-CC
New York state scenic byways advisory board
Status: in_force

§ 349-cc. New York state scenic byways advisory board. 1. An advisory\nboard of state agencies with responsibilities related to the designation\nand management of scenic byways and not-for-profit organizations related\nto the promotion and development of scenic byways is hereby formed to\nadvise and assist the department in the operation of its scenic byways\nprogram. The advisory board shall consist of one member appointed by the\ntemporary president of the senate, one member appointed by the speaker\nof the assembly, the secretary of state, and the commissioners of the\ndepartment of agriculture and markets, the department of economic\ndevelopment, and the department of environmental conservation, and the\noffice of parks, recreation and historic preservation or their duly\ndesignated representatives. The commissioner shall appoint as members of\nthe advisory board the chief executive officer, or his or her duly\nauthorized representative, of not-for-profit organizations related to\nthe promotion and development of a scenic byway designated pursuant to\nthis article and three representatives of organizations concerned with\nthe preservation of scenic qualities, the motoring public and tourism\ndevelopment. The commissioner, or his or her duly designated\nrepresentative, shall serve as chair. Members of the advisory board\nshall receive no pay, but shall be eligible to receive actual and\nnecessary expenses from their respective agencies, or for the expenses\nof representatives of organizations related to the promotion and\ndevelopment of a scenic byway, the preservation of scenic qualities, the\nmotoring public and tourism development, from the department. The\nadvisory board shall consult with the Adirondack Park Agency regarding\nscenic byways within the Adirondack Park. The advisory board shall also\nconsult with the Hudson River Valley Communities Council regarding\nscenic byways within the Hudson River Valley Greenway as defined in\narticle forty-four of the environmental conservation law. The advisory\nboard shall consult with the Niagara River Greenway Commission regarding\nscenic byways within the Niagara River Greenway as defined in article\nthirty-nine of the parks, recreation and historic preservation law.\n  2. The New York state scenic byways advisory board shall have the\nfollowing duties:\n  (a) To develop and make recommendations to the commissioner on the\norganization and operation of a scenic byways program. Such\nrecommendations shall include recommendations on the following:\n  (i) consideration of the scenic beauty and historic significance of\nhighways proposed for designation as scenic byways and the areas\nsurrounding such highways;\n  (ii) operation and management standards for highways designated as\nscenic byways, including strategies for maintaining or improving the\nqualities for which a highway is designated as a scenic byway, for\nprotecting and enhancing the landscape and view corridors surrounding\nsuch a highway, and for minimizing traffic congestion on such a highway;\n  (iii) standards for scenic byway related signs, including those which\nidentify highways as scenic byways;\n  (iv) standards for maintaining highway safety on the scenic byway\nsystem;\n  (v) measures to safely accommodate the largest variety of scenic byway\nusers including, but not limited to, persons travelling by automobile,\nrecreation vehicle, motor coach, bicycle, snowmobile, watercraft, horse\nand by foot;\n  (vi) design review procedures for location of highway facilities,\nlandscaping, and travellers facilities on the scenic byway system;\n  (vii) procedures for reviewing and terminating the designation of a\nhighway designated as a scenic byway;\n  (viii) such other matters as may be necessary or desirable to further\nthe purposes of this program.\n  (b) To evaluate and recommend to the commissioner and the legislature\namendments of the statutes and regulations relevant to the furtherance\nof a cohesive system of scenic byways.\n  3. The advisory board shall report to the governor and the legislature\nwithin one year of the effective date of this article, and by January\nfirst each year thereafter on the implementation of this program. In the\nfirst report required by this subdivision, the advisory board shall\nprovide a scenic byways program implementation plan identifying\nessential components for the New York state scenic byways system, and\nrecommending actions by the legislature that may be necessary to\nimplement a cohesive and coordinated scenic byways program that will\nserve the goals of preserving and protecting scenic, historic,\nrecreational, cultural and archeological resources, enhancing\nrecreation, economic development through tourism and education in the\nhistory and culture of New York state.\n