N.Y. Environmental Conservation Law § 21-1101: Champlain basin compact

§ 21-1101. Champlain basin compact.

The Champlain basin compact as first entered into pursuant to chapter

905 of the laws of 1966, is hereby continued as follows:

THE CHAMPLAIN BASIN COMPACT

ARTICLE 1--PURPOSE

1.1 The signatory parties agree that there is need for a regional

intergovernmental forum for consideration of the problems and

coordination of governmental activities in the great underdeveloped

Champlain Basin.

1.2 The signatory parties recognize the water and related resources

of the Champlain Basin as regional assets vested with local, state and

national interests for which they have joint responsibility, and that

the conservation, utilization, development, management and control of

the water and related resources of the Champlain Basin under a

comprehensive multi-purpose plan is essential to provide the greatest

benefits for the public welfare.

1.3 The signatory parties acknowledge that planning and protection

are essential in order to assure orderly development, safeguard the

values of the area, and preserve the magnificent beauties and amenities

of the great boundary sea of Lake Champlain and its environs, and this

need is greatest in the areas most subject to the pressures of

urbanization, the counties riparian on Lake Champlain and in particular

the lake and its immediate environs.

1.4 To these ends, the signatory parties find that it is essential to

establish a joint agency of the signatory parties, with powers

sufficient and appropriate:

a) to provide a forum for consultation among and coordination of

governmental agencies in the area.

b) formulate a comprehensive plan and program to effectuate proper

management of the water and related resources of the Champlain Basin.

c) encourage and implement planning and protection of values and

amenities in the counties riparian on Lake Champlain.

d) consider, formulate and recommend programs and provisions for the

protection of the values and amenities of Lake Champlain and its

immediate environs; and administer and enforce such programs when

authorized by the legislatures of the respective states.

ARTICLE 2--SHORT TITLE, DEFINITIONS

2.1 This act shall be known and may be cited as the Champlain Basin

Compact.

2.2 The term "Champlain Region" shall mean the area included within

the boundaries of the Champlain Basin.

2.3 The term "Champlain Basin" shall mean Lake Champlain, its

tributaries and all land drained by that Lake and its tributaries to

whatever extent they lie within the signatory states.

2.4 The term "Champlain Valley" shall mean the area in Vermont

contained in the counties of Grand Isle, Franklin, Chittenden, Addison,

and those portions of Rutland County which are within the basin, the

areas in New York contained in the counties of Clinton, Essex, Warren,

and those portions of Washington county which are within the basin.

2.5 The term "Lake Champlain Park" shall mean Lake Champlain, its

bays and indentations and shores, and the land and waters in both states

contained within one quarter of a mile west of the outside state

property line of Interstate 87 from the international boundary to Glens

Falls, on the east side contained within one quarter of a mile east of

the outside state property lines of Interstate 89 starting at the

Canadian border to Burlington, Interstate 189 to South Burlington, U.

S. 7 to Vergennes, 22A to Fairhaven and 4 to Whitehall, provided that

with respect to advertising this shall include any structures, displays

or devices which can be seen from the lake if they are not otherwise

included.

2.6 The term "Lake Champlain" shall include the Lake, its islands,

the lands under its waters up to the international boundary and its

tributaries up to the boundaries of the Lake Champlain Park.

ARTICLE 3

3.1 The Champlain Basin Compact shall come into effect when enacted

by the legislatures of Vermont and New York.

The provisions of Title 1 of Article 6 with respect to water and

related resources management and the operation of the Basin panel with

respect thereto shall come into effect when enacted by Vermont and New

York and Title II of Article 6 shall come into effect when such a title

has been enacted by the two states and the Congress has enacted

legislation making the United States a signatory party to the provisions

of Title II of Article 6 and provided for United States participation in

the Basin Panel.

The provisions of Articles 7 and 8, the operation of the Valley

Council with respect thereto, and all provisions of the compact except

Title II of Article 6 as provided for shall come into effect when

enacted by Vermont and New York.

3.2 The province of Quebec and the Government of Canada subject to

such arrangements as may be necessary to effect participation under the

constitutions of both nations may participate in this agreement or the

Basin Panel thereof to that extent and under such terms as may be agreed

between such government or governments and the signatory parties.

3.3 The Interstate Commission on the Lake Champlain Basin (Incochamp)

is hereby created by the signatory parties as a body politic and

corporate, with succession for the duration of this compact, as an

agency and instrumentality of those parties. The Commission shall be

composed of six members from each state and when the United States

participates in the Basin Panel as a signatory party, a representative

of the United States with the following powers and duties.

The states of Vermont and New York, and when the United States

participates as a signatory party, the United States of America shall be

entitled to a representative on the Basin Panel to act for it in the

management of the water and related resources of the Champlain Basin

under the provisions of Article 6. In the instance of Vermont and New

York, the state member shall be the Governor or a representative

designated by the Governor to act for him. The United States

representative shall be appointed by the President.

Each state shall name four planning members, and a state legislator

from a constituency in the Champlain Basin. These members shall be

designated or appointed and serve and be subject to removal as provided

in the legislation by which their state enacts this compact.

The representatives of the signatory parties shall exercise the

following voting powers in the Commission:

The representative of the United States may participate in all

discussions but vote only on all matters with respect to the provisions

of Article 6 and the Basin Panel thereof.

The representatives of each state on the Basin Panel may participate

in all discussions and vote on all matters.

The planning members may participate in all discussions and vote on

all matters except those matters within the purview of the Basin Panel

as embodied in Article 6 of this compact. The legislative member may

participate in all discussions and vote on all matters except those

matters within the purview of the Basin Panel as embodied in Article 6

of this compact and those with respect to management and administration

of regulatory and proprietary functions contained or established under

the provisions of Articles 7 and 8.

3.4 a) The Commission as a whole shall act as a forum for the

problems of the Champlain region and, where needful, in coordinating the

activities within the region of the signatory parties, their

subdivisions and agencies, and in addressing general recommendations to

any government or governments with jurisdiction within the area

encompassed by the signatory parties other than recommendations with

respect to subjects on which recommendations are within the purview of

the Basin Panel as embodied in Article 6 of this compact.

b) The Basin Panel of the Commission shall be composed of the

representatives of the signatory parties designated to act for them in

the management of the water and related resources of the Champlain

Basin. Voting on all matters as included in Article 6 of this agreement

shall be limited to the members of the Basin Panel. Each member of the

panel shall be entitled to one vote on all matters which may come before

the panel. No action of the panel shall be taken at any meeting unless a

majority of the membership shall vote in favor thereof. Each member of

the panel shall appoint an alternative to act in his place and stead,

who shall attend all meetings of the Panel with power to vote in the

absence of the member.

c) The Valley Council of the Commission shall act with respect to

matters relative to the Valley and Lake Champlain Park as included in

Articles 7 and 8 and shall be composed of the four planning members from

each state, the representatives of each state on the Basin Panel and

subject to the limitations described in 3.3 herein the Legislative

members. Each member of the Valley Council shall be entitled to one

vote. When the United States participates in the Basin Panel, the

representative of the United States shall be entitled to participate in

the discussions in the Valley Council and the Commission as a whole.

d) No action of the Commission as a whole or its Valley Council shall

be binding unless taken at a meeting in which a majority of the members

from each state are present and unless a majority of those qualified to

vote on such action from each state concur, provided that any action not

binding for such reason may be ratified within thirty days by the

concurrence of a majority of each state. In the absence of any

representative his vote may be cast by another representative of his

government in the Commission, provided that the representative casting

the vote shall have a written proxy in proper form as may be required by

the Commission.

3.5 The Commission may sue and be sued, and shall have a seal.

3.6 The Commission shall elect annually, from among its members, a

chairman, a vice-chairman, and a treasurer. The commission shall appoint

an executive director who shall also act as secretary and who, together

with the treasurer, shall be bonded in such amounts as the Commission

may require. Each panel shall elect annually a chairman and

vice-chairman from among its members.

3.7 Irrespective of the civil service, personnel or other merit

system laws of any of the signatory parties, the Commission shall

appoint and remove or discharge such personnel as may be necessary for

the performance of the Commission's functions. The Commission may

establish and maintain in conjunction with any one or more of the

signatory parties a suitable retirement system for its employees.

Employees of the Commission shall be eligible for social security

coverage in respect to old age and survivors insurance, provided that

the Commission takes such steps as may be necessary to participate in

such program as of insurance as a governmental agency or unit.

3.8 The commission may establish and maintain or participate in such

additional programs of employee benefits as may be appropriate to afford

employees of the Commission terms and conditions of employment similar

to those enjoyed by employees of the signatory states generally.

3.9 a) The Commission may borrow, accept or contract for the

services of personnel from any inter-governmental agency or government

with jurisdiction in the region or any subdivision or agency thereof, or

from any institution, person, firm or corporation.

b) The Commission may accept for any of its purposes and functions

under this Compact any and all donations, and grants of money,

equipment, supplies, materials, and services, conditional or otherwise,

from any government, inter-govermental agency, institution, person,

firm, or corporation, and may receive, utilize, and dispose of the same

provided no non-governmental donation or grant in kind or money shall be

accepted for administrative or operating expenses. The Commission shall

have the power to apply and qualify for and accept federal grants.

3.10 a) The Commission may establish and maintain such facilities as

may be necessary for the transacting of its business. For these

purposes the Commission may acquire, hold and convey real and personal

property and any interest therein.

b) The Commission may adopt, amend, and rescind bylaws, rules, and

regulations for the conduct of its business.

c) The Commission annually shall make a report to the Governors and

the President of the United States. The report, which shall cover the

activities of the Commission for the preceding year and embody such

recommendations as may have been adopted by the Commission, shall be

transmitted to the legislatures of all governments with jurisdiction in

the region. The Commission may issue such additional reports as it may

deem desirable.

ARTICLE 4--FINANCE

4.1 The Commission shall submit to the executive head or designated

officer of each signatory party a budget or budgets for the Basin or

Valley including a statement of all funds expected to be available to

the Commission and their sources and, a request for an appropriation to

cover that party's share of expenditures for such period as may be

required by the laws of that jurisdiction for presentation to the

legislature thereof.

4. With due regard for such monies and other assistance as may be made

available to it, the Commission shall be provided with such funds by

each of the several parties participating therein to provide the means

of establishing and maintaining facilities, a staff of personnel, and

such activities as may be necessary to fulfill the powers and duties

imposed upon and entrusted to the Commission or the Basin Panel or

Valley Council thereof.

With due allowance for monies otherwise available, and monies made

available by the United States of America, each budget of the Commission

shall be the responsibility of the signatory parties, but as to the

states apportioned between them as follows: 50% on an equal basis; 30%

on the basis of population; 20% on the basis of area, such population to

be determined in accordance with the last official United States Census

of Population.

4.3 The Commission shall not pledge the credit of any jurisdiction.

The Commission may meet any of its obligations in whole or in part with

funds available to it under 3.8(b) of this compact, provided that the

Commission takes specific action setting aside such funds prior to the

incurring of any obligation to be met in whole or in part in such

manner.

4.4 The Commission shall keep accurate accounts of all receipts and

disbursements. The receipts and disbursements of the Commission shall be

subject to the audit and accounting procedures established under its

bylaws. However, all receipts and disbursements of funds handled by the

Commission shall be audited by a qualified public accountant and the

report of the audit shall be included in and become part of the annual

report of the Commission.

4.5 The accounts of the Commission shall be open at any reasonable

time for inspection by such agency, representative, or representatives

of the jurisdictions which appropriate funds to the Commission.

ARTICLE 5--CHAMPLAIN REGION--ORDERLY DEVELOPMENT

5.1 The Commission shall act as a general forum for the problems of

the region, including, but not limited to, those for which the agreement

establishes separate consideration by the Basin Panel and Valley

Council, and to that end shall encourage and implement channels of

communication and coordination among those departments and agencies of

the signatory parties and their subdivisions as have significant

interest in the subject matters of the Commission's activities and may

make such recommendations to those parties, and those departments,

agencies, and subdivisions as may be desirable for the welfare and

orderly development of the region.

5.2 The Commission shall hold an annual general conference and such

other conferences or meetings, general or particular, as it may deem

advisable to promote the welfare and orderly development of the region.

5.3 The Commission shall sponsor, organize or encourage and aid

conferences of the local governments of the Basin or such areas thereof

as may be appropriate to implement inter-governmental information,

co-operation, and coordination on and among all levels of government in

the region. To effectuate better coordination in the region the

Commission shall promote mutual aid and multilateral arrangements

between the signatory parties and their agencies and local governments

and their agencies and encourage interlocal legislation and agreements.

It may sponsor or encourage the publications of local government

bulletins or information to these ends.

5.4 The Commission may:

a) establish advisory and other technical committees as occasion

warrants, composed of private citizens, expert and lay personnel,

representatives of industry, labor, commerce, agriculture, civic

associations and officials, and personnel of any government or

inter-governmental organization having jurisdiction in the region.

b) cooperate with all appropriate governmental and private agencies

in the encouragement of the orderly development of the region and of

tourist traffic and facilities.

c) organize, sponsor and encourage historical observances or other

festivals and exhibitions to promote the welfare and orderly development

of the region.

d) plan and recommend governmental services and programs which would

be of assistance to the orderly growth and prosperity of the region, and

to the well-being of its population.

e) study and recommend means for the most effective utilization of

such federal assistance as may be available on a regional basis or may

have an interstate or regional impact.

f) assist the party states in cooperative planning undertakings with

the federal government or any agencies thereof within the Champlain

region.

5.5 The Commission shall compile and keep current an inventory of

scenic, ecological and historic sites and its recommendations with

respect thereto.

ARTICLE 6--LAKE CHAMPLAIN BASIN--WATERSHED MANAGEMENT

Title I

6.1 It is the purpose of this Compact to provide in the Champlain

Basin improved procedures for the coordination of the policies, programs

and activities of the several jurisdictions and private persons and

entities in the field of water and related resources and for the

planning and management of the development, use and conservation of such

water and related resources.

6.2 The Commission utilizing appropriate state and other duly

authorized public agencies may through its Basin Panel:

a) Conduct and sponsor research on water resources and their

planning, use, conservation, management, development, control, and

protection, and the capacity, adaptability, and best utility of each

facility thereof, and collect, compile, correlate, analyze, report, and

interpret data on water resources and uses in the basin, including

without limitation thereto the relation of water to other resources,

industrial water technology, ground water movement, relation between

water price and water demand and other economic factors, and general

hydrological conditions:

b) Collect, compile, coordinate, and interpret systematic stream

stage and ground water data, and publicize such information when and as

needed for water uses, flood warning, quality maintenance, or other

purposes:

c) Conduct ground and surface water investigations, tests, and

operations, and compile data relating thereto as may be required to

formulate and administer the comprehensive plan:

d) Prepare, publish, and disseminate information and reports

concerning the water problems of the basin and for the presentation of

the needs and resources of the basin and policies of the commission to

executive and legislative branches of the signatory parties to this

article.

6.3 The Commission through its Basin Panel shall develop and adopt,

and may from time to time review and revise, a comprehensive plan for

the immediate and long range development and use of the water resources

of the basin. The plan shall include all public and private projects

and facilities which are required, in the judgment of the Commission,

for the optimum planning, development, conservation, utilization,

management, and control of the water resources of the basin to meet

present and future needs. The commission may adopt a comprehensive plan

or any revision thereof in such part or parts as it may deem

appropriate, provided that before the adoption of the plan or any part

or revision thereof the Commission shall consult with water users and

interested public bodies and public utilities and shall consider and

give due regard to the findings and recommendations of the various

agencies of the signatory parties, their political subdivisions and

interested groups. The Commission shall conduct public hearings with

respect to the comprehensive plan prior to the adoption of the plan or

any part of the revision thereof and shall make public any dissenting or

minority opinions.

6.4 The Commission shall promote and aid the coordination of the

activities and programs of Federal, state, municipal, and private

agencies concerned with water resources administration in the basin.

6.5 In the event the legislatures of the two states and the Congress

of the United States do not within a year from the date of the enactment

of this Compact enact a Title II of this article providing for the

implementation of the comprehensive plan in terms of a water resources

program and management of water and related resources in the Champlain

Basin, the Basin Panel shall prepare and recommend provisions to

effectuate these purposes for enactment as such title by the two states

and the United States. Nothing in this article, however, shall be

construed to prohibit action by the Basin Panel to this end during the

two year period immediately following the enactment of this compact or

thereafter.

ARTICLE 7--CHAMPLAIN VALLEY--PLANNING FOR DEVELOPMENT

7.1 It is the purpose of this Compact to encourage and coordinate

local, regional, interstate and international planning and zoning in the

Champlain Valley in order to safeguard its beauty and amenities and

assure its orderly development as population pressures inevitably grow

in this core of the Champlain Basin.

7.2 The Commission, acting through its Valley Council may recommend

standards as guides for planning, zoning, and other action which will

promote balanced development.

7.3 The Commission, acting through its Valley Council may act as

coordinator or as an agency for the inter-governmental coordination and

effectuation of local, regional, state, interstate and international

planning.

7.4 a) The Commission, acting through its Valley Council after

consultation with appropriate agencies of the signatory states, may

recommend a comprehensive master plan for their public works and like

expenditures in the Valley or a portion thereof, which, in those

particulars and for such period as is approved by the legislatures of

the signatory states, shall be observed by them with the same force and

effect as if incorporated in this agreement.

The Valley Council may, from time to time, recommend plans for the

Valley, supplementary to or amendatory of any previous plan, which in

the same fashion shall be observed by the parties so agreeing, with same

force and effect as if incorporated in this agreement.

b) The Valley Council in consultation with the planning agencies of

the states and their political subdivisions is authorized to adopt and

from time to time, amend or extend, a comprehensive plan for the

development and protection of the Champlain Valley to serve as a general

framework or guide of development within which each part of the Valley

may be more precisely planned and which shall include among things, a

land use plan and which shall serve to reconcile and integrate planning

proposals throughout the valley.

ARTICLE 8--LAKE CHAMPLAIN PARK

8.1 The signatory parties find that the protection of the amenities

and resources of Lake Champlain and its adjacent area is central to the

economic health and orderly development of the entire valley and region.

Accordingly, it is the purpose of this Compact to provide through the

Commission acting through its Valley Panel a mechanism for joint action

of the signatory parties in safeguarding the values, resources, and

amenities of Lake Champlain and its adjacent area in accordance with the

comprehensive plan.

8.2 The Lake Champlain Park as described in 2.5 of this agreement

shall constitute a zone in which the Valley Council may perform the

functions described in this article.

8.3 The Commission through its Valley Panel may draft and recommend

for adoption ordinances and regulations which would assist, develop and

protect the park area and the character of its communities.

Local governments may consider parts of their area which are within

the park area under the provisions of this article separately from the

municipality as a whole and pursuant to the laws of the state governing

the adoption of these regulations generally may enact regulations

limited to the designated area. In making recommendations to a local

government which is partly in and partly out of the park, the Valley

Council may make recommendations for the entire municipality.

8.4 In order to preserve and enhance the natural beauty and the

amenities of the Lake Champlain Park; protect and conserve the

investment of the signatory parties in forest land, islands, state

campsites and other interest in real property in the parks; preserve and

regulate the park for public uses for the resort of the public for

recreation, transportation, pleasure, air, light, and enjoyment; keep it

open, safe, clean and in good order for the welfare of society and

prevent unrestricted commercial development, the Commission through its

Valley Council shall recommend within three years after the adoption of

the Compact, or report its reasons for not so doing, legislation for

these purposes which shall come into effect inside the boundaries of the

parks area within the jurisdiction of a state upon enactment by the

legislature concurred in by the legislature of the other state:

a) Protection of the Lake and its Environs

Regulation of: advertising, objectionable use of property, filling or

use for private purposes of state lands under water, conduct of boats

and vessels with respect to safety and sanitation, maintenance of lake

levels, sewage disposal into the lake, dumping and littering on its

waters or frozen surface. The encouragement of restrictive covenants.

b) Coordination of Law Enforcement

Establishment of common high and low water marks and state

jurisdiction with regard thereto, aid to local law enforcement over the

use of the lake, provisions for the enforcement of laws by joint or

coordinated state or local action, deputation of law enforcement powers

as among jurisdictions, provisions for the appearance of the Commission

in the courts of either state with power to bring actions or proceedings

in law or equity to enforce provisions of law and requirements as they

apply to the area set forth in paragraph 2.5 of this Compact.

A negative report shall not preclude a later affirmative

recommendation or recommendations on these subjects by the Valley

Council. The listing of matters in (a) and (b) of this paragraph shall

not be interpreted to preclude recommendations on matters not so listed.

Nothing in this article shall be construed to prohibit action by a

signatory party, or the signatory parties by means of legislation other

than legislation concurred in by both states.

8.5 Nothing in this Compact or in any regulation issued under the

provisions of this article or concurrent legislation enacted in

accordance therewith shall be interpreted to supersede actions of a park

district created under the laws of either state lying wholly or

partially in the Lake Champlain Park unless the Valley Council

specifically states such effect is necessary for the adequate protection

of the amenities and values of the Lake Champlain Park.

Nor shall this compact be interpreted to prohibit more stringent

action by a signatory party.

ARTICLE 9

Except as may be stipulated in Title II of Article 6 nothing in this

Compact shall be construed to impair, or otherwise affect the

jurisdiction of any interstate agency in which any party state

participates not to abridge, impair, or otherwise affect the provisions

of any compact to which any one or more of the party states may be a

party, nor to supersede, diminish, or otherwise affect any obligation

assumed under any such compact; nor shall anything in this compact be

construed to discourage additional interstate compacts among some or all

of the party states or the establishment of intergovernmental agencies

in sub-areas of the region or to limit the jurisdiction or activities of

any participating government, agency, or officer thereof, or any private

person or agency.

ARTICLE 10

The provisions of this Compact shall be severable and if phrase,

clause, sentence or provision of this Compact is declared to be

unconstitutional or the applicability thereof to any state, agency,

person or circumstance is held invalid, the constitutionality of this

Compact, and the applicability thereof to any state, person or

circumstance shall not be affected thereby. It is the legislative

intent that the provisions of this Compact be reasonably and liberally

construed.

ARTICLE 11

This Compact shall continue in force and remain binding on the

signatory parties unless renounced by legislative action of a signatory

party at least four years in advance of the effective date of

withdrawal. Such withdrawal shall not affect the operation of the

provisions of this Compact with respect to the continued operations of

the Basin Panel and Article 6 under separate withdrawal provisions for

that article.