N.Y. Canal Law § 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; and

i. 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.