NY Env Conserv L § 15-2709 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 27 - Wild, Scenic and Recreational Rivers System 15-2709 - Administration of the System.

§ 15-2709. Administration of the system.1.   The   wild,  scenic  and  recreational  rivers  system  shall  be   administered in accordance with their respective  jurisdictions  by  the   commissioner  or the agency according to policies and criteria set forth   in this title upon establishment of the boundaries of each river area in   accordance with section 15-2711 of this chapter.   The  commissioner  or   agency  shall make and enforce regulations necessary for the management,   protection, and enhancement of and control of land use  and  development   in  the  wild, scenic and recreational river areas. No regulations shall   be promulgated unless  a  publicized  public  hearing  is  held  in  the   environmental  conservation region encompassing the affected area by the   commissioner or agency. In such administration, primary  emphasis  shall   be  given  to protecting ecological, recreational, aesthetic, botanical,   scenic,   geological,   fish   and   wildlife,   historical,   cultural,   archeological  and  scientific  features of the area. In connection with   such administration, the commissioner or the agency may provide for  the   preparation  and implementation of management plans for individual river   areas or significant portions thereof.2. After inclusion of any river in the wild, scenic  and  recreational   rivers  system,  no  dam  or other structure or improvement impeding the   natural flow thereof shall  be  constructed  on  such  river  except  as   expressly  authorized  in  paragraphs  b  and  c  of  this  subdivision.   Notwithstanding anything herein contained to the contrary, existing land   uses within the respective classified river areas may continue, but  may   not  be  altered  or  expanded  except  as  permitted  by the respective   classifications,  unless  the  commissioner   or   agency   orders   the   discontinuance  of  such existing land use. In the event any land use is   so directed to be discontinued, adequate compensation therefor shall  be   paid by the state of New York either by agreement with the real property   owner,  or  in  accordance  with condemnation proceedings thereon.   The   following land uses shall be allowed or prohibited within  the  exterior   boundaries  of designated river areas depending on the classification of   such areas:a. In  wild  river  areas,  no  new  structures  or  improvements,  no   development  of  any  kind  and  no  access  by  motor vehicles shall be   permitted other than forest management  pursuant  to  forest  management   standards duly promulgated by regulations.b.  In  scenic  river  areas, the continuation of present agricultural   practices, the propagation  of  crops,  forest  management  pursuant  to   forest  management  standards  duly  promulgated by regulations, limited   dispersed or cluster residential  developments  and  stream  improvement   structures  for  fishery  management  purposes shall be permitted. There   shall be no mining, excavation, or construction of roads, except private   roads necessary  for  residential,  agricultural  or  forest  management   purposes,  and with the further exception that public access through new   road construction may be allowed, provided that there is no  other  such   access within two land miles in either direction.c.  In  recreational  river  areas, the lands may be developed for the   full range of agricultural uses, forest management  pursuant  to  forest   management standards duly promulgated by regulations, stream improvement   structures  for  fishery  management  purposes,  and  may  include small   communities as well as dispersed or cluster residential developments and   public recreational areas. In addition, these river areas may be readily   accessible by roads or railroads on one or both banks of the river,  and   may also have several bridge crossing and numerous river access points.3.  In  addition  to  the provisions of article 70 of this chapter and   rules and regulations adopted  thereunder,  the  rules  and  regulations   adopted  by  the  department  pursuant  to  this  title to implement its    processing  of  permit  applications,  modifications,  suspensions   and   revocations  shall  govern permit administration by the department under   this title.