2023 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.