N.Y. Environmental Conservation Law § 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.