NY Canal L § 138-C (2021)
2021 New York Laws CAL - Canal Article 13-A - Canal Recreationway Commission 138-C - Canal Recreationway Plan.

§  138-c.  Canal  recreationway  plan.  1.  The  commission  shall, in   accordance with the provisions of section one hundred thirty-eight-b  of   this  article,  formulate  a  statewide canal recreationway plan for the   canal system that is based  upon  the  inventory  prepared  pursuant  to   subdivision  twenty-three  of  section  ten  of this chapter and that is   consistent with the land  use  concepts  contained  in  the  state  land   acquisition   plan   prepared   pursuant   to  section  49-0207  of  the   environmental  conservation  law  and  in  the  statewide  comprehensive   outdoor  recreation plan prepared pursuant to section 3.15 of the parks,   recreation and historic preservation law. The plan  shall  include,  but   not be limited to:a.  criteria  for  uses  of the canal system which will effectuate the   goal and objective of developing the canal into a recreationway system;b. provisions for fostering a canal system characterized  by  clusters   of development connected by stretches of undeveloped open space in areas   between  cities,  villages  and  hamlets  which will be conducive to the   preservation of waterfowl, fish and wildlife habitats;c.  provisions  for  the  consideration  of  environmental  resources,   including  lands  which  possess  significance  for wildlife management,   recreation or  natural  resource  protection  purposes  and  significant   freshwater wetlands;d.  provisions  which  protect  the  public interest in such lands and   waters for purposes of commerce, navigation, fishing, hunting,  bathing,   recreation  and  access  to  the  lands  and  waters  of  the state, and   otherwise encourage increased public access to  the  canal  through  the   establishment  of  parks,  scenic by ways and recreational trails on the   canal system. Such provisions shall ensure the public safety;e. provisions to protect agricultural uses of canal land and waters;f. provisions for appropriate development of businesses in appropriate   locations which will support outdoor recreation activities;g. provisions which give guidance to the  authority  with  respect  to   managing water levels in reservoirs to provide water to the canal system   and retain water for recreational purposes;h.  provisions  to  protect commercial shipping interests on the canal   system; andi. provisions for the consideration of historic buildings,  sites  and   districts.2.  The  plan  shall  establish  goals  and objectives with respect to   implementation, with provision for amendment  of  the  plan  to  reflect   changing conditions.3.  a.  The  corporation  shall  act  upon  the  plan submitted by the   commission within four months after its  submission  and  shall  approve   such plan unless it finds that the plan, or any part thereof: (i) is not   financially or operationally feasible; (ii) would violate any federal or   state   law,   rule   or  regulation;  (iii)  violates  agreements  with   noteholders or  bondholders  of  the  authority;  (iv)  interferes  with   existing  contracts;  or  (v)  is  inconsistent with the findings of the   generic environmental impact statement undertaken  pursuant  to  section   three hundred eighty-two of the public authorities law.b.  In  the  event  that the corporation finds that the plan cannot be   approved in its entirety, it may approve such portions of the plan as it   deems appropriate, and shall recommend changes to the remaining portions   of the plan to the commission. The  commission  shall  then  have  three   months  in  which to consider the recommendations of the corporation and   submit a revised plan or portions thereof to the corporation.c. Upon the approval of the plan or a portion of the plan as  provided   in this section, the corporation shall deliver within ten days a copy of   the plan or portion of the plan to the governor, the temporary president    of  the  senate  and the speaker of the assembly, with a dated notice of   such approval.