2023 New York Laws › HAY - Highway › Article 12-C - New York State Scenic Byways Program › 349-CC - New York State Scenic Byways Advisory Board.

§  349-cc. New York state scenic byways advisory board. 1. An advisory
board of state agencies with responsibilities related to the designation
and management of scenic byways and not-for-profit organizations related
to the promotion and development of scenic byways is  hereby  formed  to
advise  and  assist the department in the operation of its scenic byways
program. The advisory board shall consist of one member appointed by the
temporary president of the senate, one member appointed by  the  speaker
of  the  assembly,  the secretary of state, and the commissioners of the
department of  agriculture  and  markets,  the  department  of  economic
development,  and  the department of environmental conservation, and the
office of parks, recreation and  historic  preservation  or  their  duly
designated representatives. The commissioner shall appoint as members of
the  advisory  board  the  chief  executive  officer, or his or her duly
authorized representative, of not-for-profit  organizations  related  to
the  promotion  and development of a scenic byway designated pursuant to
this article and three representatives of organizations  concerned  with
the  preservation  of  scenic qualities, the motoring public and tourism
development.  The  commissioner,  or  his   or   her   duly   designated
representative,  shall  serve  as  chair.  Members of the advisory board
shall receive no pay, but  shall  be  eligible  to  receive  actual  and
necessary  expenses  from their respective agencies, or for the expenses
of  representatives  of  organizations  related  to  the  promotion  and
development of a scenic byway, the preservation of scenic qualities, the
motoring  public  and  tourism  development,  from  the  department. The
advisory board shall consult with the Adirondack Park  Agency  regarding
scenic  byways within the Adirondack Park. The advisory board shall also
consult with the  Hudson  River  Valley  Communities  Council  regarding
scenic  byways  within  the  Hudson  River Valley Greenway as defined in
article forty-four of the environmental conservation law.  The  advisory
board shall consult with the Niagara River Greenway Commission regarding
scenic  byways  within  the Niagara River Greenway as defined in article
thirty-nine of the parks, recreation and historic preservation law.
2. The New York state scenic byways  advisory  board  shall  have  the
following duties:
(a)  To  develop  and  make recommendations to the commissioner on the
organization  and  operation  of   a   scenic   byways   program.   Such
recommendations shall include recommendations on the following:
(i)  consideration  of  the scenic beauty and historic significance of
highways proposed  for  designation  as  scenic  byways  and  the  areas
surrounding such highways;
(ii)  operation  and  management  standards for highways designated as
scenic byways, including strategies for  maintaining  or  improving  the
qualities  for  which  a  highway  is  designated as a scenic byway, for
protecting and enhancing the landscape and  view  corridors  surrounding
such a highway, and for minimizing traffic congestion on such a highway;
(iii)  standards for scenic byway related signs, including those which
identify highways as scenic byways;
(iv) standards for maintaining highway  safety  on  the  scenic  byway
system;
(v) measures to safely accommodate the largest variety of scenic byway
users  including,  but not limited to, persons travelling by automobile,
recreation vehicle, motor coach, bicycle, snowmobile, watercraft,  horse
and by foot;
(vi)  design  review  procedures  for  location of highway facilities,
landscaping, and travellers facilities on the scenic byway system;
(vii) procedures for reviewing and terminating the  designation  of  a
highway designated as a scenic byway;
(viii)  such other matters as may be necessary or desirable to further
the purposes of this program.
(b)  To evaluate and recommend to the commissioner and the legislature
amendments of the statutes and regulations relevant to  the  furtherance
of a cohesive system of scenic byways.
3. The advisory board shall report to the governor and the legislature
within  one  year  of the effective date of this article, and by January
first each year thereafter on the implementation of this program. In the
first report required by this  subdivision,  the  advisory  board  shall
provide   a   scenic  byways  program  implementation  plan  identifying
essential components for the New York state scenic  byways  system,  and
recommending  actions  by  the  legislature  that  may  be  necessary to
implement a cohesive and coordinated scenic  byways  program  that  will
serve   the   goals  of  preserving  and  protecting  scenic,  historic,
recreational,   cultural   and   archeological   resources,    enhancing
recreation,  economic  development  through tourism and education in the
history and culture of New York state.