N.Y. Environmental Conservation Law § 55-0117: Comprehensive management plan; approval

§ 55-0117. Comprehensive management plan; approval.

1. The planning entity shall:

(a) consult with appropriate officials of any local, state or federal

agency which has jurisdiction over lands and waters within the area;

(b) consult with the officials of any municipality which has

jurisdiction over lands and waters within areas designated or proposed

as special groundwater protection areas;

(c) consult with interested professional, scientific and citizens'

organizations;

(d) consult with citizen's advisory committees;

(e) transmit any draft and final plan to all affected municipalities

for review and comment; and

(f) conduct public hearings at places within the area, and at such

other places as may be appropriate, for the purpose of providing

interested persons with an opportunity to express their views with

respect to matters covered by the plan.

2. The plan shall be submitted to the commissioner. The plan shall be

accompanied by a transmittal letter in which the planning entity

certifies that:

(a) the plan when implemented will achieve its stated water quality

objectives and protect the ecological values of the special groundwater

protection area which are significant for maintenance of water quality;

(b) the plan requires the exercise of land use and zoning

responsibilities to the greatest extent practicable to regulate the use

of land and water resources in a manner consistent with the purposes of

this article;

(c) the planning entity has afforded adequate opportunity, including

public hearings, for public governmental involvement in the preparation

and review of the plan, and whether such review and comment thereon were

considered in the plan; and

(d) the extent to which adequate assurances have been received from

appropriate local officials that the recommended implementation program

identified in the plan will be initiated within a reasonable time after

the date of approval of the plan and such program will insure effective

implementation of the local aspects of the plan.

3. The commissioner shall review the plan and within ninety days

certify that the plan conforms with all applicable state laws, official

rules and regulations, state water resource management plans, and where

submitted, the nominating petition as defined in section 55-0109 of this

article. As part of the review and certification process, the

commissioner shall also certify the boundaries.

4. If the commissioner finds that the plan is still not in compliance

with applicable state law, official rules and regulations, and state

water resource management plans, after a second review, he shall

withhold approval of all outstanding planning entity claims for

reimbursement pending satisfactory revision of the plan.

5. Upon certification of the plan and the boundaries, the identified

area or areas are officially adopted by the commissioner as special

groundwater protection areas.

6. Upon adoption of the boundaries by the planning entity, the special

groundwater protection areas shall be designated as critical

environmental areas as defined by regulations pursuant to section 8-0113

of this chapter and an environmental impact statement shall be prepared

pursuant to section 8-0109 of this chapter for any action found to have

a significant impact upon such areas. Such statement shall meet the

requirements of the most detailed environmental impact statement

required by section 8-0109 of this chapter or by any rule or regulation

promulgated pursuant to such section. Upon certification of the plan by

the commissioner, such statement shall include a detailed statement of

the effects of any proposed action on, and its consistency with, the

comprehensive management plan of the special groundwater protection area

program, as implemented by the commissioner pursuant to this article.