N.Y. Environmental Conservation Law § 55-0113: Special groundwater protection areas; Long Island designation

§ 55-0113. Special groundwater protection areas; Long Island

designation.

1. Nine areas shall be designated for the purposes of this article as

special groundwater protection areas. They are identified as follows:

(a) the North Hills area of the town of North Hempstead, Nassau

county;

(b) the area of the Northeastern villages of the town of Oyster Bay,

Nassau county;

(c) the Woodbury road-West Pulaski road area, town of Huntington,

Suffolk county;

(d) the West Hills area of the town of Huntington, Suffolk county;

(e) the Oak Brush Plains of the towns of Babylon and Huntington,

Suffolk county;

(f) the Setauket Pine Barrens, town of Brookhaven, Suffolk county;

(g) the Central Pine Barrens of the towns of Brookhaven, Riverhead and

Southampton, Suffolk county;

(h) the South Fork Morainal Forest of the towns of Southampton and

East Hampton, Suffolk county; and

(i) the Hither Hills area of the town of East Hampton, Suffolk county.

2. Such areas identified for Long Island in this section shall be

addressed concurrently as a single planning project in order to insure

consistency and uniformity in the development of a management plan that

recognizes the regional importance of the special groundwater protection

areas.

3. The preliminary boundaries of the special groundwater protection

areas designated in subdivision one of this section shall be those

identified in the state groundwater management plan except for said

areas designated in paragraphs (a) and (b) of subdivision one of this

section which shall be the same as those areas adopted by the Nassau

County Board of Health pursuant to article ten of the Nassau County

Public Health Ordinance on December twelfth, nineteen hundred

eighty-four. Final boundaries shall be determined on the basis of

information developed in accordance with the requirements of section

55-0115 of this article.

4. Other areas not identified in this section can be petitioned for

according to the guidelines set forth in section 55-0109 of this

article.

5. The Long Island regional planning board is designated as the

planning entity for the nine special groundwater protection areas herein

identified on Long Island, and is authorized to carry out the planning

work specified in this article.

6. An advisory group to be known as the "special groundwater

protection area advisory council" shall be established. The voting

membership shall consist of representatives of the following

organizations: one member from the Nassau county department of health;

one member from the Nassau county department of public works; one member

from the Nassau county planning commission; two members from the Suffolk

county department of health services; one member from the New York state

department of environmental conservation; one member from the New York

state department of health; two members from the New York state

legislative commission on water resource needs of Long Island; two

members from conservation organizations having property or other

interests in one or more of the special groundwater protection areas;

and a member from each town which contains part or all of a special

groundwater protection area. The special groundwater protection area

advisory council shall serve as an advisory group to the Long Island

regional planning board and shall assist in the development, review, and

implementation of the management plan.

7. The Long Island regional planning board shall submit an outline of

the plan of work designed to complete the requirements of sections

55-0115 and 55-0117 of this article, acceptable to the commissioner and

a budget request, therefor.

8. No municipality located within a special groundwater protection

area designated in paragraph (a) of subdivision one of this section

shall use public funds to acquire land within such special groundwater

protection area being used as a recreational facility or open space at

the time of proposed acquisition unless such land is being offered for

sale or a change of use for such land is proposed by the owner thereof.