N.Y. CAL Law § 138-C — New York Code / Act CAL / Article 13-A / Section 138-C
Canal recreationway plan
Status: in_force

§ 138-c. Canal recreationway plan. 1. The commission shall, in\naccordance with the provisions of section one hundred thirty-eight-b of\nthis article, formulate a statewide canal recreationway plan for the\ncanal system that is based upon the inventory prepared pursuant to\nsubdivision twenty-three of section ten of this chapter and that is\nconsistent with the land use concepts contained in the state land\nacquisition plan prepared pursuant to section 49-0207 of the\nenvironmental conservation law and in the statewide comprehensive\noutdoor recreation plan prepared pursuant to section 3.15 of the parks,\nrecreation and historic preservation law. The plan shall include, but\nnot be limited to:\n  a. criteria for uses of the canal system which will effectuate the\ngoal and objective of developing the canal into a recreationway system;\n  b. provisions for fostering a canal system characterized by clusters\nof development connected by stretches of undeveloped open space in areas\nbetween cities, villages and hamlets which will be conducive to the\npreservation of waterfowl, fish and wildlife habitats;\n  c. provisions for the consideration of environmental resources,\nincluding lands which possess significance for wildlife management,\nrecreation or natural resource protection purposes and significant\nfreshwater wetlands;\n  d. provisions which protect the public interest in such lands and\nwaters for purposes of commerce, navigation, fishing, hunting, bathing,\nrecreation and access to the lands and waters of the state, and\notherwise encourage increased public access to the canal through the\nestablishment of parks, scenic by ways and recreational trails on the\ncanal system. Such provisions shall ensure the public safety;\n  e. provisions to protect agricultural uses of canal land and waters;\n  f. provisions for appropriate development of businesses in appropriate\nlocations which will support outdoor recreation activities;\n  g. provisions which give guidance to the authority with respect to\nmanaging water levels in reservoirs to provide water to the canal system\nand retain water for recreational purposes;\n  h. provisions to protect commercial shipping interests on the canal\nsystem; and\n  i. provisions for the consideration of historic buildings, sites and\ndistricts.\n  2. The plan shall establish goals and objectives with respect to\nimplementation, with provision for amendment of the plan to reflect\nchanging conditions.\n  3. a. The corporation shall act upon the plan submitted by the\ncommission within four months after its submission and shall approve\nsuch plan unless it finds that the plan, or any part thereof: (i) is not\nfinancially or operationally feasible; (ii) would violate any federal or\nstate law, rule or regulation; (iii) violates agreements with\nnoteholders or bondholders of the authority; (iv) interferes with\nexisting contracts; or (v) is inconsistent with the findings of the\ngeneric environmental impact statement undertaken pursuant to section\nthree hundred eighty-two of the public authorities law.\n  b. In the event that the corporation finds that the plan cannot be\napproved in its entirety, it may approve such portions of the plan as it\ndeems appropriate, and shall recommend changes to the remaining portions\nof the plan to the commission. The commission shall then have three\nmonths in which to consider the recommendations of the corporation and\nsubmit a revised plan or portions thereof to the corporation.\n  c. Upon the approval of the plan or a portion of the plan as provided\nin this section, the corporation shall deliver within ten days a copy of\nthe plan or portion of the plan to the governor, the temporary president\nof the senate and the speaker of the assembly, with a dated notice of\nsuch approval.\n