N.Y.
Canal Law Section 138-C
Canal recreationway plan
1.
The commission shall, in accordance with the provisions of § 138-B (Functions, powers and duties)section one hundred thirty-eight-b of this article, formulate a statewide canal recreationway plan for the canal system that is based upon the inventory prepared pursuant to subdivision twenty-three of § 10 (General powers and duties of the corporation relating to canals)section ten of this chapter and that is consistent with the land use concepts contained in the state land acquisition plan prepared pursuant to Environmental Conservation Law § 49-0207 (State land acquisition plan)section 49-0207 of the environmental conservation law and in the statewide comprehensive outdoor recreation plan prepared pursuant to section 3.15 of the parks, recreation and historic preservation law. The plan shall include, but not be limited to:a.
criteria for uses of the canal system which will effectuate the goal and objective of developing the canal into a recreationway system;b.
provisions for fostering a canal system characterized by clusters of development connected by stretches of undeveloped open space in areas between cities, villages and hamlets which will be conducive to the preservation of waterfowl, fish and wildlife habitats;c.
provisions for the consideration of environmental resources, including lands which possess significance for wildlife management, recreation or natural resource protection purposes and significant freshwater wetlands;d.
provisions which protect the public interest in such lands and waters for purposes of commerce, navigation, fishing, hunting, bathing, recreation and access to the lands and waters of the state, and otherwise encourage increased public access to the canal through the establishment of parks, scenic by ways and recreational trails on the canal system. Such provisions shall ensure the public safety;e.
provisions to protect agricultural uses of canal land and waters;f.
provisions for appropriate development of businesses in appropriate locations which will support outdoor recreation activities;g.
provisions which give guidance to the authority with respect to managing water levels in reservoirs to provide water to the canal system and retain water for recreational purposes;h.
provisions to protect commercial shipping interests on the canal system; andi.
provisions for the consideration of historic buildings, sites and districts.2.
The plan shall establish goals and objectives with respect to implementation, with provision for amendment of the plan to reflect changing conditions.3.
a. The corporation shall act upon the plan submitted by the commission within four months after its submission and shall approve such plan unless it finds that the plan, or any part thereof:(i)
is not financially or operationally feasible;(ii)
would violate any federal or state law, rule or regulation;(iii)
violates agreements with noteholders or bondholders of the authority;(iv)
interferes with existing contracts; or(v)
is inconsistent with the findings of the generic environmental impact statement undertaken pursuant to section three hundred eighty-two of the public authorities law.b.
In the event that the corporation finds that the plan cannot be approved in its entirety, it may approve such portions of the plan as it deems appropriate, and shall recommend changes to the remaining portions of the plan to the commission. The commission shall then have three months in which to consider the recommendations of the corporation and submit a revised plan or portions thereof to the corporation.c.
Upon the approval of the plan or a portion of the plan as provided in this section, the corporation shall deliver within ten days a copy of the plan or portion of the plan to the governor, the temporary president of the senate and the speaker of the assembly, with a dated notice of such approval.
Source:
Section 138-C — Canal recreationway plan, https://www.nysenate.gov/legislation/laws/CAL/138-C (updated Sep. 22, 2014; accessed Apr. 20, 2024).
