N.Y. Highway Law § 349-cc: New York state scenic byways advisory board

§ 349-cc. New York state scenic byways advisory board. 1. An advisory

board of state agencies with responsibilities related to the designation

and management of scenic byways and not-for-profit organizations related

to the promotion and development of scenic byways is hereby formed to

advise and assist the department in the operation of its scenic byways

program. The advisory board shall consist of one member appointed by the

temporary president of the senate, one member appointed by the speaker

of the assembly, the secretary of state, and the commissioners of the

department of agriculture and markets, the department of economic

development, and the department of environmental conservation, and the

office of parks, recreation and historic preservation or their duly

designated representatives. The commissioner shall appoint as members of

the advisory board the chief executive officer, or his or her duly

authorized representative, of not-for-profit organizations related to

the promotion and development of a scenic byway designated pursuant to

this article and three representatives of organizations concerned with

the preservation of scenic qualities, the motoring public and tourism

development. The commissioner, or his or her duly designated

representative, shall serve as chair. Members of the advisory board

shall receive no pay, but shall be eligible to receive actual and

necessary expenses from their respective agencies, or for the expenses

of representatives of organizations related to the promotion and

development of a scenic byway, the preservation of scenic qualities, the

motoring public and tourism development, from the department. The

advisory board shall consult with the Adirondack Park Agency regarding

scenic byways within the Adirondack Park. The advisory board shall also

consult with the Hudson River Valley Communities Council regarding

scenic byways within the Hudson River Valley Greenway as defined in

article forty-four of the environmental conservation law. The advisory

board shall consult with the Niagara River Greenway Commission regarding

scenic byways within the Niagara River Greenway as defined in article

thirty-nine of the parks, recreation and historic preservation law.

2. The New York state scenic byways advisory board shall have the

following duties:

(a) To develop and make recommendations to the commissioner on the

organization and operation of a scenic byways program. Such

recommendations shall include recommendations on the following:

(i) consideration of the scenic beauty and historic significance of

highways proposed for designation as scenic byways and the areas

surrounding such highways;

(ii) operation and management standards for highways designated as

scenic byways, including strategies for maintaining or improving the

qualities for which a highway is designated as a scenic byway, for

protecting and enhancing the landscape and view corridors surrounding

such a highway, and for minimizing traffic congestion on such a highway;

(iii) standards for scenic byway related signs, including those which

identify highways as scenic byways;

(iv) standards for maintaining highway safety on the scenic byway

system;

(v) measures to safely accommodate the largest variety of scenic byway

users including, but not limited to, persons travelling by automobile,

recreation vehicle, motor coach, bicycle, snowmobile, watercraft, horse

and by foot;

(vi) design review procedures for location of highway facilities,

landscaping, and travellers facilities on the scenic byway system;

(vii) procedures for reviewing and terminating the designation of a

highway designated as a scenic byway;

(viii) such other matters as may be necessary or desirable to further

the purposes of this program.

(b) To evaluate and recommend to the commissioner and the legislature

amendments of the statutes and regulations relevant to the furtherance

of a cohesive system of scenic byways.

3. The advisory board shall report to the governor and the legislature

within one year of the effective date of this article, and by January

first each year thereafter on the implementation of this program. In the

first report required by this subdivision, the advisory board shall

provide a scenic byways program implementation plan identifying

essential components for the New York state scenic byways system, and

recommending actions by the legislature that may be necessary to

implement a cohesive and coordinated scenic byways program that will

serve the goals of preserving and protecting scenic, historic,

recreational, cultural and archeological resources, enhancing

recreation, economic development through tourism and education in the

history and culture of New York state.