2023 New York Laws › PAR - Parks, recreation and historic preservation › Title G - Heritage Areas › Article 35 - New York State System of Heritage Areas › 35.05 - Management Plan.

§  35.05  Management  plan. 1. For each area designated in subdivision
one of section 35.03 of this  article  the  commissioner  shall  request
preparation  by  the  appropriate  local  governmental  or heritage area
planning entity  of  a  comprehensive  management  plan  as  hereinafter
provided.  The  commissioner  shall  fully cooperate and be consulted in
preparation  of  such  plan  and  shall  ensure  that  relevant  private
interests  are  consulted.  Such plan shall be deemed to be the plan for
both state and local government. Each such plan shall be  completed  and
submitted  to  the  commissioner  for his or her approval as provided in
subdivisions three and four of section 35.03 of this article.
2. The commissioner may require the chief executive  officer  of  each
local  government  with  general jurisdiction over all or a portion of a
designated area to identify a local official or local agency to  be  the
agent  for  the  local government in coordinating the preparation of the
management plan and to appoint a local heritage area advisory  committee
representative   of  local  civic,  commercial,  historic  preservation,
educational, recreational  and  conservation  interests  to  advise  the
commissioner  and  local government during preparation of the management
plan. At least one public hearing on a draft management  plan  shall  be
held in each designated area.
3.  The  local legislative body of each city, town or village within a
designated  area  except  that  for  the  area  designated  pursuant  to
paragraphs  (h), (o) and (q) of subdivision one of section 35.03 of this
article the legislative body of each county included in whole or in part
within the area must approve the management plan before it is  submitted
to  the commissioner for its approval. Each such plan shall be completed
and submitted to the required local legislative bodies for approval  and
to the commissioner within forty-five days of the local approval.
4.  Management  plans  shall  be the fundamental document defining the
goals and boundaries for each state designated heritage  area,  and  the
means  for  the  area's implementation and management. A management plan
shall include, but need not be limited to:
(a) The boundaries of the heritage area set forth in text and depicted
on a map. Areas or zones within the heritage area  shall  be  identified
for  particular  nature  and intensity of use including those zones most
appropriately devoted to public use and development by  state  or  local
government  and  private  use.  Boundaries  shall  be  located as deemed
necessary or desirable for the purposes of resource  protection,  scenic
integrity,  and  management  and  administration  in  furtherance of the
purposes of this title and the estimated cost thereof;
(b) An inventory and designation of the natural and cultural resources
within the heritage area;
(c) Statement of the goals and objectives of the heritage area;
(d) Identification of the types of uses, both public and  private,  to
be accommodated and their linkages to the overall statewide system;
(e) Identification of properties, if any, to be acquired;
(f)  Description  of  the  interpretive  and  educational exhibits and
programs to be undertaken;
(g) Description of  the  program  for  encouraging  and  accommodating
visitation to the heritage area;
(h)  An  economic  assessment  of  the  long  and short term costs and
benefits related to the establishment, operation and maintenance of  the
heritage   area,  including  comprehensive  estimate  of  the  costs  of
implementing the management plan identified by  source  of  funding  and
specifically  delineating  expected  state,  local,  federal and private
contributions;
(i) Description of the techniques or means for  the  preservation  and
protection  of  the  natural  and cultural resources within the heritage

area including the means  such  as  appropriate  local  legislation  for
designation  and  protection  of historic properties or natural areas to
assure that future local actions will be consistent with established and
agreed upon preservation standards or criteria;
(j)  Description  of  the  organizational structure to be utilized for
planning, development and management of the heritage area, including the
responsibilities and interrelationships of  local,  regional  and  state
agencies  in  the  management  process  and a program to provide maximum
feasible private participation in the implementation of  the  management
plan.  Such  organizational structures may include but not be limited to
utilization of existing state and local agencies for administrative  and
finance  purposes  through  contracts  and  letters of agreement between
state and local agencies or, where necessary, proposed  legislation  for
new  entities  to  administer and finance implementation of a management
plan; and
(k) A schedule for the planning, development  and  management  of  the
heritage area.
5. Each management plan must demonstrate that the capability exists at
the local level to implement and manage the heritage area including, but
not limited to, the ability to:
(a) Accept and disburse funds;
(b) Acquire, improve, and dispose of property;
(c) Manage, operate, and maintain appropriate heritage area facilities
identified  as  being  of  local  responsibility without state financial
assistance; and
(d) Promulgate and enforce land  use  and  preservation  criteria  and
standards  as  required  to  protect  the resources within each heritage
area.
5-a.  The  management  plan  for  the  heritage  area  established  by
paragraph  (s) of subdivision one of section 35.03 of this article shall
authorize state agencies and the county of Chautauqua to collaborate and
cooperate with governmental entities in the state of  Pennsylvania  with
regard  to  the  stewardship and development of the grape wine and juice
industries within such state and the heritage area established  by  such
paragraph.    The  collaboration  and  cooperation  authorized  by  this
submission shall include, but not be limited to, joint project  planning
and grant funding.
6.  Selected  individual  requirements  or  portions  thereof  for the
management plan submissions may be waived by the  commissioner  provided
that  prior submissions to the office during a previous planning process
are judged to provide sufficient data to  fulfill  the  purpose  of  the
management  plan,  except  that  in  no  case  shall the requirements of
paragraph (h) of subdivision four or of subdivision five of this section
be waived.
7. The commissioner shall review  and  approve  acceptable  management
plans  for  state  designated  heritage  areas,  and proposed changes or
amendments to a previously approved management plan. Such approval shall
be based upon the plan's consistency with the policy and goals  of  this
title   generally   and  particularly  to  its  attainment  of  resource
protection and the provision of educational, recreational, preservation,
economic and cultural benefits for the public at large. The commissioner
shall tender in writing such approval  or  a  denial  of  approval  with
written reasons therefor within ninety days after receipt of the locally
approved  management  plan  or change or amendment thereto. If there has
been a  denial  of  approval,  a  revised  management  plan,  change  or
amendment may be submitted to the commissioner.
8. Approval of the management plan by the commissioner shall:
(a)  Establish eligibility for the receipt of acquisition, development
and programming assistance from the state within  the  defined  heritage
area boundaries;
(b)  Establish  those  properties  defined  in  the management plan as
significant for consideration for eligibility for the state register  of
historic places; and
(c)  Require, for continuance in the program, appropriate local action
to protect and safeguard the defined resources in the heritage area.
9. The commissioner may, after holding a public hearing in  the  state
designated  heritage  area  subject  to  review,  withdraw approval of a
management plan where he or she finds that  the  local  government  with
immediate  general  jurisdiction  over all or a portion of such heritage
area has taken actions which have had a significant adverse impact  upon
heritage  area  resources  or has generally failed to implement its role
under a management plan. When approval has been withdrawn, the  heritage
area  shall no longer be deemed to be state designated. The commissioner
shall report such  withdrawal  of  approval  to  the  governor  and  the
legislature stating the reasons for such action.