2023 New York Laws › GMU - General Municipal › Article 12-F - Conservation Advisory Councils and Conservation Boards › 239-X - Creation of Conservation Advisory Council.

§  239-x.  Creation  of  conservation  advisory  council. 1. The local
legislative body of any city, town or village may create a  conservation
advisory  council,  hereafter  called  the  council,  to  advise  in the
development, management and protection of its  natural  resources.  Such
council shall direct itself toward accomplishing the following:
(a)  Conduct  researches  into  the  land area of the municipality for
which it was created;
(b) Seek to coordinate the activities of unofficial  bodies  organized
for  similar  purposes  and  to  cooperate with other official municipal
bodies active in the area  of  community  planning  for  the  particular
municipality;
(c)  It  may  advertise,  prepare,  print  and distribute books, maps,
charts, plans and pamphlets which in its judgment it deems necessary for
its work;
(d) It shall keep an inventory and  map  as  defined  in  section  two
hundred  thirty-nine-y  of  this  article,  of all open areas within the
municipality with the plan of obtaining information pertinent to  proper
utilization  of  such open lands including lands owned by the state, any
other municipality within the state or by  the  particular  municipality
itself;
(e) It shall keep an inventory and map of all open marsh lands, swamps
and  all  other  wet  lands  in  a like manner, and may recommend to the
governing body of the municipality a program for  ecologically  suitable
utilization of all such areas;
(f)  It  shall  keep  accurate records of its meetings and actions and
shall file an annual report with  the  local  legislative  body  of  the
municipality  on  or before the thirty-first day of December of each and
every year. Once approved, such legislative body shall forward a copy of
this report to the state commissioner of environmental conservation;
(g) In addition to the foregoing, carry out any other  duties,  tasks,
or  responsibilities,  consistent  with  the objectives of this article,
assigned to it by resolution of the local legislative body creating  the
said council.
2.  When  authorized  by  resolution  of the local legislative body, a
council may accept by gift, grant, bequest, or otherwise, money or other
personal  property  in  the  name  of  the  municipality,  for  use   in
furtherance  of the provisions of this act. A local legislative body may
accept  by  gift,  conditional  or  unconditional,  grant,   devise   or
otherwise,  real  property  in  fee,  or  any lesser interest, including
conveyance with limitations or reversions, for the purposes of this act.
In addition, upon the written recommendation of the council the  local
legislative  body may acquire by purchase in fee or any lesser interest,
through negotiation or by condemnation, such real or  personal  property
as may be needed to fulfill the purpose of this act.
3.  Such  council  shall  consist of not less than three nor more than
nine members who shall be appointed by the local  legislative  body  and
serve  at  the pleasure of such body for a term not exceeding two years.
Such  local  legislative  body  may,  notwithstanding  any  inconsistent
provision  of  law,  appoint  up  to  two members to the council who are
between the ages of sixteen and twenty-one.
4.  The  presiding  officer  or  chairman  of  the  council  shall  be
designated  by  the  local  legislative  body  from among the members so
appointed  to  the  council.  The  local  legislative  body  shall  have
authority  to  remove any member of said council so appointed for cause,
after a public hearing, if requested. A vacancy shall be filled for  the
unexpired term in the same manner as an original appointment.
The  local legislative body may provide for compensation to be paid to
the members of the council and  may  provide  for  the  payment  of  the

expenses of the members of the council actually and necessarily incurred
in  the  performance  of  their  duties.  Such  council may appoint such
employees as it may from time to time see fit, all within  appropriation
made therefore.
5.  In the case where the local legislative body is a town board, such
salaries, charges and expenses so permitted by an appropriation  of  the
town  board for such council shall be a charge upon the taxable property
of that part of the town outside of incorporated villages and  shall  be
assessed,  levied  and  collected  therefrom in the same manner as other
town charges.
6. To assist a council in  carrying  out  its  functions,  powers  and
duties, it may request the department of environmental conservation to:
(a)  prepare  reports  outlining  objectives,  priorities and proposed
relationships of the council to the local legislative body;
(b)  prepare  description  of  work  to  be  undertaken,  advantageous
techniques to be used and suggested roles of council members;
(c) provide research on conservation facts and procedures;
(d)  provide, on a consulting basis, technical and research assistance
as may be required to assist the council in carrying out its work and to
enable the council to offer recommendations  to  the  local  legislative
body;
(e)  describe  particular  areas of natural resources within the city,
town or village, as the case may be, which require particular  attention
by the council.
7.  Within  thirty  days  following  the  establishment  of a council,
written notification thereof shall be sent by the local legislative body
to the state commissioner of environmental conservation.
8. Any conservation advisory council heretofore  created  pursuant  to
the  provisions  of  section  sixty-four-b  of  the  town  law is hereby
continued with the same powers and duties as when originally created.