NY Env Conserv L § 55-0113 (2021)
2021 New York Laws ENV - Environmental Conservation Article 55 - Sole Source Aquifer Protection 55-0113 - Special Groundwater Protection Areas; Long Island Designation.

§ 55-0113. Special    groundwater    protection   areas;   Long   Island              designation.   1. Nine areas shall be designated for the purposes of this article  as special groundwater protection areas. They are identified as follows:  (a)  the  North  Hills  area  of  the  town of North Hempstead, Nassau county;  (b) the area of the Northeastern villages of the town of  Oyster  Bay, Nassau county;  (c)  the  Woodbury  road-West  Pulaski  road area, town of Huntington, Suffolk county;  (d) the West Hills area of the town of Huntington, Suffolk county;  (e) the Oak Brush Plains of  the  towns  of  Babylon  and  Huntington, Suffolk county;  (f) the Setauket Pine Barrens, town of Brookhaven, Suffolk county;  (g) the Central Pine Barrens of the towns of Brookhaven, Riverhead and Southampton, Suffolk county;  (h)  the  South  Fork  Morainal Forest of the towns of Southampton and East Hampton, Suffolk county; and  (i) the Hither Hills area of the town of East Hampton, Suffolk county.   2. Such areas identified for Long Island  in  this  section  shall  be addressed  concurrently  as a single planning project in order to insure consistency and uniformity in the development of a management plan  that recognizes the regional importance of the special groundwater protection areas.   3.  The  preliminary  boundaries of the special groundwater protection areas designated in subdivision one  of  this  section  shall  be  those identified  in  the  state  groundwater  management plan except for said areas designated in paragraphs (a) and (b) of subdivision  one  of  this section  which  shall  be  the same as those areas adopted by the Nassau County Board of Health pursuant to article  ten  of  the  Nassau  County Public   Health   Ordinance   on   December  twelfth,  nineteen  hundred eighty-four. Final boundaries  shall  be  determined  on  the  basis  of information  developed  in  accordance  with the requirements of section 55-0115 of this article.   4. Other areas not identified in this section can  be  petitioned  for according  to  the  guidelines  set  forth  in  section  55-0109 of this article.   5. The Long Island  regional  planning  board  is  designated  as  the planning entity for the nine special groundwater protection areas herein identified  on  Long Island, and is authorized to carry out the planning work specified in this article.   6.  An  advisory  group  to  be  known  as  the  "special  groundwater protection  area  advisory  council"  shall  be  established. The voting membership  shall  consist   of   representatives   of   the   following organizations:  one  member from the Nassau county department of health; one member from the Nassau county department of public works; one member from the Nassau county planning commission; two members from the Suffolk county department of health services; one member from the New York state department of environmental conservation; one member from the  New  York state  department  of  health;  two  members  from  the  New  York state legislative commission on water  resource  needs  of  Long  Island;  two members   from  conservation  organizations  having  property  or  other interests in one or more of the special  groundwater  protection  areas; and  a  member  from  each  town which contains part or all of a special groundwater protection area. The  special  groundwater  protection  area advisory  council  shall  serve  as an advisory group to the Long Island regional planning board and shall assist in the development, review, and implementation of the management plan.    7. The Long Island regional planning board shall submit an outline  of the  plan  of  work  designed  to  complete the requirements of sections 55-0115 and 55-0117 of this article, acceptable to the commissioner  and a budget request, therefor.   8.  No  municipality  located  within a special groundwater protection area designated in paragraph (a) of  subdivision  one  of  this  section shall  use  public funds to acquire land within such special groundwater protection area being used as a recreational facility or open  space  at the  time  of proposed acquisition unless such land is being offered for sale or a change of use for such land is proposed by the owner thereof.