S. 4706 2
58-0131. AFFECT ON OTHER LAWS.
58-0133. JUDICIAL REVIEW.
58-0135. SEVERABILITY.
S 58-0101. SHORT TITLE.
THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "GREAT SWAMP
PROTECTION ACT".
S 58-0103. LEGISLATIVE DECLARATION.
THE LEGISLATURE HEREBY DECLARES IT TO BE IN THE PUBLIC INTEREST TO
PROTECT AND MANAGE THE GREAT SWAMP, IN THE COUNTIES OF DUTCHESS AND
PUTNAM, BY ESTABLISHING THE GREAT SWAMP RESERVE. IT IS FURTHER IN THE
PUBLIC INTEREST TO ESTABLISH A COUNCIL MADE UP OF REPRESENTATIVES OF
STATE AND LOCAL GOVERNMENTS AND PRIVATE CITIZENS TO PREPARE A COMPREHEN-
SIVE MANAGEMENT PLAN AND MAKE RECOMMENDATIONS TO PRESERVE, PROTECT AND
ENHANCE THE NATURAL, RECREATIONAL, ECONOMIC AND EDUCATIONAL VALUES OF
THE REGION, WHICH THE STATE AND LOCAL GOVERNMENTS MAY ADOPT. IN ADDI-
TION, IT IS FURTHER IN THE PUBLIC INTEREST TO ESTABLISH A COMMISSION
MADE UP OF A GOVERNOR'S APPOINTEE, THE COUNTY EXECUTIVE OF DUTCHESS AND
PUTNAM COUNTIES, THE MAYOR OF THE VILLAGE OF PAWLING AND THE SUPERVISORS
OF THE TOWNS OF DOVER, PAWLING, PATTERSON AND SOUTHEAST TO PREPARE,
OVERSEE AND PARTICIPATE IN THE IMPLEMENTATION OF A COMPREHENSIVE LAND
USE PLAN FOR THE GREAT SWAMP AREA TO GUIDE DEVELOPMENT THEREIN IN A
MANNER SUITABLE TO THE NEEDS FOR PRESERVATION OF THE CORE PRESERVATION
AREA AND COMPATIBLE GROWTH AND DEVELOPMENT IN THE COMPATIBLE GROWTH
AREA.
S 58-0105. LEGISLATIVE FINDINGS AND INTENT.
THE LEGISLATURE HEREBY FINDS THAT THE COUNTIES OF DUTCHESS AND PUTNAM
CONTAIN A WETLAND ECOSYSTEM OF STATEWIDE IMPORTANCE KNOWN AS THE GREAT
SWAMP.
THE LEGISLATURE FINDS THAT WITHIN THE GREAT SWAMP THE FEDERAL, STATE,
COUNTY AND LOCAL GOVERNMENTS OWN AND MANAGE SIGNIFICANT PROPERTIES IN
THE FORM OF PARKS, PRESERVES, HISTORIC SITES AND PROTECTED OPEN SPACE,
WHERE THERE IS AN INTERDEPENDENT AND RECIPROCAL RELATIONSHIP BETWEEN
HUMAN ACTIVITIES AND NATURAL PROCESSES, AND WHERE FISHING, AGRICULTURE
AND TOURISM HAVE BEEN THE DOMINANT INDUSTRIES FOR MORE THAN THREE
HUNDRED FIFTY YEARS.
THE LEGISLATURE FINDS THAT THE GREAT SWAMP, AN AREA ENCOMPASSING OVER
SIX THOUSAND ACRES IN THE COUNTIES OF DUTCHESS AND PUTNAM, IS OF CRIT-
ICAL IMPORTANCE TO THE STATE BECAUSE IT IS A CONTIGUOUS WETLAND. THE
GREAT SWAMP IS INTERCONNECTED BY THE SWAMP RIVER AND TEN MILE RIVER, AND
THE ECOLOGIC AND HYDROLOGIC INTEGRITY OF THIS SYSTEM SHOULD BE PROTECTED
IN A COMPREHENSIVE PLAN ADOPTED BY THE STATE AND INDIVIDUAL LOCAL
GOVERNMENTS.
THE LEGISLATURE ALSO FINDS THAT THE GREAT SWAMP CONTAINS ONE OF THE
GREATEST CONCENTRATIONS AND DIVERSITIES OF ENDANGERED, THREATENED AND
SPECIAL CONCERN SPECIES OF PLANTS AND ANIMALS TO BE FOUND IN THE STATE,
AND THAT PROTECTION OF THEIR HABITATS IS IN THE BEST INTEREST OF THE
PEOPLE OF NEW YORK. THE LEGISLATURE FURTHER FINDS THAT THE GREAT SWAMP
CONTAINS MANY OTHER UNIQUE NATURAL, AGRICULTURAL, HISTORICAL, CULTURAL
AND RECREATIONAL RESOURCES THAT ARE MUTUALLY SUPPORTIVE AND ULTIMATELY
DEPENDENT UPON MAINTENANCE OF THE HYDROLOGIC AND ECOLOGIC INTEGRITY OF
THIS REGION.
THEREFORE, THE LEGISLATURE FINDS THAT THE PURPOSE OF THIS ARTICLE IS
TO ALLOW THE STATE AND LOCAL GOVERNMENTS TO PROTECT, PRESERVE AND PROP-
ERLY MANAGE THE UNIQUE NATURAL RESOURCES OF THE GREAT SWAMP AND TO
ENCOURAGE COORDINATION OF EXISTING PROGRAMS AND STUDIES AFFECTING LAND
AND WATER RESOURCES IN THE REGION AND TO PROTECT THE VALUE OF THE EXIST-
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ING PUBLIC AND PRIVATE INVESTMENT THAT HAS ALREADY BEEN MADE TO ACQUIRE
LAND IN THE REGION.
THE LEGISLATURE FURTHER FINDS THAT A PORTION OF THE SYSTEM KNOWN AS
THE GREAT SWAMP AREA REQUIRES THE PREPARATION AND IMPLEMENTATION OF A
STATE SUPPORTED REGIONAL COMPREHENSIVE LAND USE INCENTIVE PLAN THAT WILL
ASSIST IN THE PRESERVATION OF THE CORE PRESERVATION AREA, PROTECTION OF
THE GREAT SWAMP AREA AND FOR THE DESIGNATION OF COMPATIBLE GROWTH AREAS
TO ACCOMMODATE APPROPRIATE PATTERNS OF DEVELOPMENT AND REGIONAL GROWTH
WITH RECOGNITION OF THE RIGHTS OF PRIVATE LAND OWNERS AND THE PURPOSE OF
PRESERVATION OF THE CORE AREA.
THE LEGISLATURE RECOGNIZES THAT THE PROVISIONS OF THIS ARTICLE MAY
RESTRICT THE BENEFICIAL USE OF SOME LANDS CURRENTLY IN PRIVATE OWNER-
SHIP. THESE RESTRICTIONS ARE DEEMED TO BE NECESSARY AND DESIRABLE TO
PROTECT AND PRESERVE THE HYDROLOGIC AND ECOLOGIC INTEGRITY OF THE GREAT
SWAMP AREA AS WELL AS THE PUBLIC'S HEALTH AND WELFARE FOR FUTURE GENER-
ATIONS. THE LEGISLATURE INTENDS THAT A COMPREHENSIVE REGIONAL LAND USE
PLAN BE IMPLEMENTED WHEREBY PRIVATE LANDOWNERS WHOSE PROPERTY IS LOCATED
WITHIN THE GREAT SWAMP AREA ARE AFFORDED AN OPPORTUNITY TO RECEIVE BENE-
FITS FROM THE PLAN SUCH AS TRANSFERABLE DEVELOPMENT RIGHTS, CONSERVATION
EASEMENTS, RIGHTS AND VALUES TRANSFERS, PURCHASE OF DEVELOPMENT RIGHTS,
PROPERTY TAX INCENTIVES AND/OR FEE ACQUISITION WITH MONETARY COMPEN-
SATION.
S 58-0107. DEFINITIONS.
AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL MEAN AND INCLUDE:
1. "COUNCIL" SHALL MEAN THE GREAT SWAMP RESERVE COUNCIL CREATED BY
SECTION 58-0109 OF THIS ARTICLE.
2. "GREAT SWAMP PRESERVE" OR "PRESERVE" SHALL MEAN LANDS WITHIN THE
GREAT SWAMP RESERVE THAT ARE CRITICAL TO THE PROTECTION OF THE HYDROLOG-
IC AND ECOLOGIC INTEGRITY OF THE REGION, WHICH ARE DEDICATED FOR
PROTECTION AND BENEFICIAL PUBLIC USE PURSUANT TO SECTION 58-0115 OF THIS
ARTICLE. LANDS WHICH ARE NOT DEEMED CRITICAL MAY BE DEDICATED PURSUANT
TO SECTION 58-0115 OF THIS ARTICLE AS A PROTECTIVE OR BUFFER ZONE FOR
OTHER DEDICATED LANDS, OR TO OTHERWISE SUPPORT THE MANAGEMENT OF THE
PRESERVE.
3. "PLAN" SHALL MEAN THE COMPREHENSIVE MANAGEMENT PLAN CREATED PURSU-
ANT TO SECTION 58-0113 OF THIS ARTICLE.
4. "RESERVE" SHALL MEAN A REGION IN WHICH THERE IS A COMBINATION OF
PUBLICLY AND PRIVATELY OWNED LANDS AND LAND USES, WITHIN A DEFINED AREA
WHERE THERE ARE TRADITIONAL CULTURAL PATTERNS INCLUDING AGRICULTURE,
TOURISM AND GENERAL COMMERCIAL AND RESIDENTIAL USES WHICH DUE TO THEIR
PATTERN AND CONFIGURATION, AND BECAUSE OF THE NEED FOR SUSTAINED PRODUC-
TIVITY COULD BEST BE PROTECTED AND MANAGED THROUGH THE DEVELOPMENT OF A
COMPREHENSIVE MANAGEMENT PLAN AROUND A PRESERVE OF PROTECTED, PUBLICLY
OWNED LANDS AND/OR PRIVATELY OWNED LAND DEDICATED FOR SUCH PURPOSES.
5. "LAND USE PLAN" SHALL MEAN THE COMPREHENSIVE GREAT SWAMP LAND USE
PLAN PURSUANT TO SECTION 58-0119 OF THIS ARTICLE.
6. "COMMISSION" SHALL MEAN THE GREAT SWAMP JOINT PLANNING AND POLICY
COMMISSION ESTABLISHED PURSUANT TO SECTION 58-0117 OF THIS ARTICLE.
7. "ADVISORY COMMITTEE" SHALL MEAN THE GREAT SWAMP ADVISORY COMMITTEE
TO THE COMMISSION ESTABLISHED PURSUANT TO SUBDIVISION SEVEN OF SECTION
58-0117 OF THIS ARTICLE.
8. "AGRICULTURE" OR "HORTICULTURE" SHALL MEAN ANY PRODUCTION OF PLANTS
OR ANIMALS USEFUL TO MAN, INCLUDING BUT NOT LIMITED TO: FORAGE OR SOD
CROPS; GRAINS AND FEED CROPS; DAIRY ANIMALS AND DAIRY PRODUCTS; POULTRY
AND POULTRY PRODUCTS; LIVESTOCK, INCLUDING BEEF CATTLE, SHEEP, SWINE,
HORSES, PONIES, MULES OR GOATS, AND INCLUDING THE BREEDING AND GRAZING
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OF ANY OR ALL OF SUCH ANIMALS; BEES AND APIARY PRODUCTS; FUR ANIMALS;
TREES AND FOREST PRODUCTS; FRUITS OF ALL KINDS INCLUDING WINERIES; VEGE-
TABLES; NURSERY, FLORAL, ORNAMENTAL AND GREENHOUSE PRODUCTS AND FARM-
STANDS FOR SELLING PRODUCTS RAISED OR PRODUCED ON SITE AND OTHER ASSOCI-
ATED STRUCTURES REQUIRED FOR THEIR PRODUCTION.
S 58-0109. GREAT SWAMP RESERVE COUNCIL.
1. THERE IS HEREBY ESTABLISHED, WITHIN THE DEPARTMENT, A GREAT SWAMP
RESERVE COUNCIL TO HELP LOCAL GOVERNMENTS AND THE STATE COORDINATE THE
EFFORTS OF ALL MUNICIPAL, COUNTY, STATE AND FEDERAL AGENCIES INVOLVED IN
THE MANAGEMENT OF THE PRESERVE AND TO OVERSEE AND PREPARE A COMPREHEN-
SIVE INTERGOVERNMENTAL MANAGEMENT INCENTIVE PLAN FOR THE GREAT SWAMP
RESERVE THAT THE STATE AND LOCAL GOVERNMENTS MAY ADOPT.
2. THE COUNCIL SHALL BE COMPOSED OF FOURTEEN VOTING MEMBERS. THE
GOVERNOR SHALL APPOINT TWO MEMBERS. THE COUNTY EXECUTIVE OF THE COUNTY
OF PUTNAM, WITH THE ADVICE AND CONSENT OF THE COUNTY LEGISLATURE, SHALL
APPOINT TWO MEMBERS AND THE COUNTY EXECUTIVE OF THE COUNTY OF DUTCHESS
WITH THE ADVICE AND CONSENT OF THE COUNTY LEGISLATURE SHALL APPOINT TWO
MEMBERS. THE MAYOR OF THE VILLAGE OF PAWLING AND THE TOWN SUPERVISORS OF
THE TOWNS OF DOVER, PAWLING, PATTERSON AND SOUTHEAST, SHALL EACH APPOINT
ONE MEMBER. THE COMMISSIONER OR HIS OR HER DESIGNEE, THE COMMISSIONER OF
PARKS, RECREATION AND HISTORIC PRESERVATION OR HIS OR HER DESIGNEE, AND
THE COMMISSIONER OF ECONOMIC DEVELOPMENT OR HIS OR HER DESIGNEE FOR
PURPOSES OF TOURISM SHALL SERVE AS EX-OFFICIO MEMBERS. ALL MEMBERS,
EXCEPT EX-OFFICIO MEMBERS SHALL BE RESIDENTS OF THE COUNTIES OF DUTCHESS
AND PUTNAM AND SHALL HAVE DEMONSTRATED EXPERTISE IN THE FUNCTIONAL AREAS
TO BE ADDRESSED BY THE COMMISSION. ALL INITIAL APPOINTMENTS SHALL BE
MADE WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE.
3. MEMBERS OF THE COUNCIL SHALL SERVE FOR A TERM OF TWO YEARS OR THER-
EAFTER UNTIL A SUCCESSOR IS APPOINTED. A CHAIRPERSON SHALL BE DESIGNATED
BY THE GOVERNOR. THE COUNCIL SHALL ELECT A VICE-CHAIRPERSON AND SUCH
OTHER OFFICERS AS IT MAY DETERMINE ARE NECESSARY FOR THE CONDUCT OF ITS
DUTIES.
4. TEN MEMBERS OF THE COUNCIL SHALL CONSTITUTE A QUORUM.
5. THE MEMBERS OF THE COUNCIL SHALL SERVE WITHOUT COMPENSATION.
S 58-0111. DUTIES OF THE COUNCIL.
THE COUNCIL SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
1. TO CONDUCT SCIENTIFIC AND ENVIRONMENTAL STUDIES;
2. TO REVIEW AND APPROVE PROPOSED DEDICATIONS OF LANDS TO THE GREAT
SWAMP PRESERVE AND RECOMMEND ADDITIONAL DEDICATIONS TO SUCH PRESERVE;
3. TO UTILIZE TO THE EXTENT FEASIBLE, THE STAFF AND FACILITIES OF
STATE AGENCIES, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET,
AND LOCAL AGENCIES TO CARRY OUT THE PROVISIONS OF THIS ARTICLE;
4. TO HOLD PUBLIC HEARINGS;
5. TO CONTRACT WITHIN AMOUNTS APPROPRIATED FOR OR OTHERWISE AVAILABLE
FOR PROFESSIONAL AND TECHNICAL ASSISTANCE OR ADVICE;
6. TO MEET NOT LESS THAN ONCE EVERY TWO MONTHS AND TO ENCOURAGE THE
ATTENDANCE AT SUCH MEETINGS OF REPRESENTATIVES OF LOCAL GOVERNMENTS AND
INTERESTED PARTIES AFFECTED BY THE DELIBERATIONS OF THE COUNCIL;
7. TO SEND COPIES OF THE MINUTES OF EACH MEETING TO EACH TOWN AND
VILLAGE WITHIN THE GREAT SWAMP RESERVE, THE MEMBERS OF THE ASSEMBLY AND
SENATORS REPRESENTING SUCH AREA AND ANY OTHER INTERESTED PARTY UPON
REQUEST;
8. TO ENCOURAGE INDIVIDUALS, CORPORATIONS, ASSOCIATIONS AND PUBLIC
ENTITIES TO PROTECT AND PRESERVE THE UNIQUE RESOURCES OF THE RESERVE
INCLUDING THE PRESERVE; AND
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9. TO CONTRACT FOR AND TO ACCEPT ASSISTANCE, INCLUDING BUT NOT LIMITED
TO GIFTS, EASEMENTS OR LOANS OF FUNDS OR REAL PROPERTY OR PERSONAL PROP-
ERTY FROM THE FEDERAL GOVERNMENT OR ANY AGENCY OR INSTRUMENTALITY THERE-
OF, OR FROM ANY AGENCY OR INSTRUMENTALITY OF THE STATE, OR FROM ANY
OTHER PUBLIC OR PRIVATE SOURCE AND TO COMPLY, SUBJECT TO THE PROVISIONS
OF THIS ARTICLE, WITH THE TERMS AND CONDITIONS THEREOF, SUBJECT TO THE
APPROVAL OF THE DIVISION OF THE BUDGET. NOTWITHSTANDING THE PROVISIONS
OF SECTION ELEVEN OF THE STATE FINANCE LAW, THE COMMISSION MAY ACCEPT
GIFTS, GRANTS, DEVISES AND BEQUESTS, WHETHER CONDITIONAL OR UNCONDI-
TIONAL, WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET.
S 58-0113. COMPREHENSIVE MANAGEMENT PLAN.
1. THE COUNCIL SHALL, AFTER HOLDING PUBLIC HEARINGS, PREPARE AND ADOPT
A COMPREHENSIVE MANAGEMENT INCENTIVE PLAN FOR THE GREAT SWAMP RESERVE,
WHICH THE STATE AND LOCAL GOVERNMENTS MAY ADOPT. SUCH PLAN SHALL
INCLUDE, BUT NOT BE LIMITED TO:
A. A STATEMENT OF THE PUBLIC VALUES OF THE AREA, INCLUDING THEIR
EDUCATIONAL, ECOLOGICAL AND HYDROLOGICAL VALUES, TOGETHER WITH THE
GENERAL GOALS AND POLICIES WHICH WILL BEST PROTECT AND ENHANCE SUCH
VALUES;
B. A MAP OF THE AREA, DELINEATING THE BOUNDARIES OF THE GREAT SWAMP
RESERVE;
C. A BRIEF AND GENERAL HISTORICAL OVERVIEW REGARDING THE LANDS OF THE
GREAT SWAMP RESERVE;
D. AN INVENTORY OF ALL PUBLIC LANDS AND LANDS AVAILABLE FOR PUBLIC USE
WITHIN THE GREAT SWAMP RESERVE SPECIFYING USE, FACILITIES FOR PUBLIC
USE, AND THE MANAGEMENT AGENCY WITH JURISDICTION OVER THE PROPERTY;
E. MANAGEMENT GUIDELINES FOR THE PRESERVATION, RECREATIONAL AND EDUCA-
TIONAL USE OF RESOURCES OF THE GREAT SWAMP RESERVE;
F. MANAGEMENT GUIDELINES FOR PROTECTING AND SUPPORTING INDIGENOUS
ECONOMIC ACTIVITIES LIKE AGRICULTURE, RECREATION AND TOURISM;
G. A PLAN FOR PROTECTION AND MANAGEMENT FOR DEDICATED LAND IN THE
GREAT SWAMP PRESERVE INCLUDING:
(1) A SURVEY OR INVENTORY OF THE FOLLOWING, TOGETHER WITH THE ESTAB-
LISHMENT OF MANAGEMENT PRIORITIES THEREFOR:
(I) NATURAL PLANT AND WILDLIFE RESOURCES;
(II) HISTORIC RESOURCES;
(III) EROSION CONTROL NEEDS, STREAM AND WETLANDS PROTECTION;
(IV) TRAILS, TRAIL DEVELOPMENT AND USE; AND
(V) OTHER RECREATIONAL USES.
(2) RECOMMENDATIONS FOR INCENTIVES PERTAINING TO PUBLIC USE ACTIV-
ITIES, WHICH CAN BE IMPLEMENTED BY RULES AND REGULATIONS FOR THE ADMIN-
ISTRATION AND USE OF LANDS DEDICATED TO THE PRESERVE.
(3) RECOMMENDATIONS FOR ACQUISITION OF OPEN SPACE SUITABLE FOR DEDI-
CATION IN THE PRESERVE.
(4) RECOMMENDATIONS FOR INSTITUTIONAL ARRANGEMENTS TO COORDINATE
MANAGEMENT OF DEDICATED LAND HELD BY SEPARATE OWNERS;
H. A LOCAL PARTICIPATION PLAN, WHICH DESCRIBES HOW LOCAL CITIZENS,
OFFICIALS AND MEMBERS OF THE TOURISM AND AGRICULTURAL INDUSTRIES WILL
PARTICIPATE IN THE PLANNING AND IMPLEMENTATION OF THE MANAGEMENT PROGRAM
AND WHICH CONTAINS A STATEMENT IDENTIFYING SUPPORT FOR SUCH PROGRAM BY
THE PARTICIPATING LOCAL GOVERNMENTS; AND
I. A FINANCIAL STATEMENT ESTIMATING THE NECESSARY COSTS AND POTENTIAL
FUNDING SOURCES TO CARRY OUT RECOMMENDATIONS IN THE STUDY OVER A FIVE
YEAR PERIOD AND THE BENEFITS THEREFROM.
2. A DRAFT PLAN SHALL BE PREPARED AND MADE AVAILABLE TO THE PUBLIC AND
THE LOCAL GOVERNMENTS WITHIN THE GREAT SWAMP RESERVE PRIOR TO ADOPTING
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THE PLAN. THE COUNCIL SHALL HOLD PUBLIC HEARINGS AT DIFFERENT LOCATIONS
WITHIN THE GREAT SWAMP RESERVE. THERE SHALL BE TWO PUBLIC HEARINGS ON
THE DRAFT PLAN AND THERE SHALL ALSO BE A PUBLIC HEARING ON THE COMPLETED
PLAN BEFORE THE PLAN IS SUBMITTED TO THE COMMISSIONER.
S 58-0115. DEDICATIONS TO THE GREAT SWAMP PRESERVE; LEGISLATIVE
PROTECTION.
1. THE COMMISSIONER SHALL MAINTAIN A RECORD OF THE BOUNDARIES OF THE
LANDS WHICH HAVE BEEN DEDICATED TO THE GREAT SWAMP PRESERVE IN TEXT AND
DEPICTED ON A MAP.
2. LAND OWNED BY THE STATE WITHIN THE GREAT SWAMP RESERVE MAY BE DEDI-
CATED TO BE PART OF THE GREAT SWAMP PRESERVE BY THE ACTION OF THE
COMMISSIONER OR THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRES-
ERVATION, OR BY ACTION OF THE LEGISLATURE.
3. LAND OWNED BY A LOCAL GOVERNMENT WITHIN THE GREAT SWAMP RESERVE MAY
BE DEDICATED TO THE GREAT SWAMP PRESERVE BY THE ACTION OF ITS LOCAL
LEGISLATIVE BODY.
4. LAND OWNED BY PRIVATE INDIVIDUALS WITHIN THE GREAT SWAMP RESERVE
MAY BE DEDICATED TO BE PART OF THE GREAT SWAMP PRESERVE BY THE EXECUTION
OF A CONSERVATION EASEMENT.
5. LAND IN THE CORE PRESERVATION AREA WHICH COME IN THE PUBLIC DOMAIN
SHALL BE DEEMED TO BE DEDICATED TO THE GREAT SWAMP PRESERVE.
6. EXCEPT FOR THE CORE PRESERVATION AREA WHICH SHALL BE DEEMED TO BE
DEDICATED TO THE PRESERVE, THE COUNCIL SHALL REVIEW AND MUST APPROVE
EACH DEDICATION OF LAND TO THE PRESERVE.
7. NO PUBLICLY OWNED REAL PROPERTY, DEDICATED TO THE GREAT SWAMP
PRESERVE, SHALL BE ALIENATED EXCEPT BY LAW ENACTED BY TWO SUCCESSIVE
REGULAR SESSIONS OF THE LEGISLATURE, BUT EASEMENTS FOR PUBLIC WATER
SUPPLY PURPOSES MAY BE MAINTAINED CONSISTENT WITH LOCAL ORDINANCES.
8. THE COUNCIL SHALL HAVE NO AUTHORITY TO MANAGE ANY PRIVATE LAND
UNLESS SUCH LAND HAS BEEN VOLUNTARILY DEDICATED PURSUANT TO THIS ARTICLE
OR THE OWNER HAS EXECUTED A VOLUNTARY WRITTEN AGREEMENT WITH THE COUNCIL
AUTHORIZING THE SPECIFIC MANAGEMENT ACTIONS TAKEN.
9. NOTHING CONTAINED IN THIS ARTICLE SHALL AFFECT ANY PREVIOUS DEDI-
CATION OF STATE LAND TO THE STATE NATURE AND HISTORIC PRESERVE. ANY
STATE LAND DEDICATED TO THE GREAT SWAMP PRESERVE MAY ALSO BE DEDICATED
TO THE STATE NATURE AND HISTORIC PRESERVE.
S 58-0117. GREAT SWAMP JOINT PLANNING AND POLICY COMMISSION.
1. IT IS HEREBY FOUND, DETERMINED AND DECLARED THAT THE GREAT SWAMP
AREA IS A MAJOR RESOURCE AREA OF STATEWIDE SIGNIFICANCE WHERE THE HYDRO-
LOGICAL AND ECOLOGICAL INTEGRITY IS ENDANGERED; THAT A PUBLIC ENTITY
REPRESENTATIVE OF TOWN, COUNTY AND STATE GOVERNMENT IS NECESSARY AND
APPROPRIATE TO PLAN, MANAGE AND OVERSEE LAND USE WITHIN THE GREAT SWAMP
RESERVE IN THE PUBLIC INTEREST FOR PRESENT AND FUTURE GENERATIONS; AND
THAT THE GREAT SWAMP JOINT PLANNING AND POLICY COMMISSION CREATED BY
THIS SECTION AND ITS PURPOSES ARE IN ALL RESPECTS FOR THE BENEFIT OF THE
PEOPLE OF THE STATE OF NEW YORK AND ARE A PUBLIC PURPOSE.
2. THERE IS HEREBY ESTABLISHED, THE GREAT SWAMP JOINT PLANNING AND
POLICY COMMISSION TO CONSIST OF EIGHT VOTING MEMBERS: ONE MEMBER
APPOINTED BY THE GOVERNOR WHO WILL SERVE AT THE PLEASURE OF THE GOVERNOR
AND SEVEN EX-OFFICIO MEMBERS WHO ARE THE COUNTY EXECUTIVE OF PUTNAM
COUNTY AND THE COUNTY EXECUTIVE OF DUTCHESS COUNTY, THE MAYOR OF THE
VILLAGE OF PAWLING AND THE SUPERVISORS OF THE TOWNS OF DOVER, PAWLING,
PATTERSON AND SOUTHEAST. EACH EX-OFFICIO MEMBER MAY APPOINT A DESIG-
NATED REPRESENTATIVE, BY OFFICIAL AUTHORITY FILED WITH THE COMMISSION,
TO EXERCISE HIS OR HER POWERS AND PERFORM HIS OR HER DUTIES, INCLUDING
THE RIGHT TO VOTE, ON THE COMMISSION. THE COMMISSION SHALL ELECT ONE OF
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ITS MEMBERS AS CHAIRPERSON. FIVE MEMBERS SHALL CONSTITUTE A QUORUM FOR
THE TRANSACTION OF ANY BUSINESS OR THE EXERCISE OF ANY POWER OR FUNCTION
OF THE COMMISSION. AN AFFIRMATIVE VOTE OF FIVE OR MORE MEMBERS SHALL BE
REQUIRED TO PASS A RESOLUTION OR OTHERWISE EXERCISE ANY FUNCTIONS OR
POWERS OF THE COMMISSION, EXCEPT THE ADOPTION OF THE PLAN WHICH REQUIRES
A UNANIMOUS VOTE OF THE COMMISSION.
3. THE COMMISSION SHALL HOLD ITS INITIAL MEETING WITHIN THIRTY DAYS OF
ENACTMENT OF THIS SECTION, FOLLOWING PUBLIC NOTICE BY THE COUNTIES OF
DUTCHESS AND PUTNAM EXECUTIVES.
4. EVERY STATE AGENCY AND PUBLIC CORPORATION HAVING JURISDICTION OF
LAND OR WATER WITHIN THE GREAT SWAMP AREA OR OF PROGRAMS RELATING TO THE
PURPOSES AND GOALS OF THIS ARTICLE SHALL, TO THE FULLEST EXTENT PRACTI-
CABLE, OFFER FULL COOPERATION AND ASSISTANCE TO THE COMMISSION IN CARRY-
ING OUT THE PROVISIONS OF THIS ARTICLE.
5. EVERY LOCAL OR REGIONAL AGENCY WITH ACTIVITIES RELATING TO THE
GREAT SWAMP AREA MAY OFFER ASSISTANCE TO THE COMMISSION IN CARRYING OUT
THE PROVISIONS OF THIS ARTICLE.
6. THE COMMISSION SHALL HAVE THE POWER:
(A) TO PREPARE, ADOPT, ENFORCE AND ENSURE IMPLEMENTATION OF THE
COMPREHENSIVE LAND USE PLAN, WITH THE ADVICE OF THE ADVISORY COMMITTEE;
(B) TO SUE AND BE SUED;
(C) TO MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY
OR CONVENIENT FOR THE EXERCISE OF ITS POWERS AND FUNCTIONS UNDER THIS
ARTICLE;
(D) TO ESTABLISH AND MAINTAIN SUCH FACILITIES AS MAY BE NECESSARY FOR
THE TRANSACTING OF ITS BUSINESS;
(E) TO APPOINT AN EXECUTIVE OFFICER, OFFICERS, AGENTS, EMPLOYEES, AND
PRESCRIBE THEIR DUTIES AND QUALIFICATIONS AND FIX THEIR COMPENSATION;
(F) TO UTILIZE TO THE EXTENT FEASIBLE THE STAFF AND FACILITIES OF
EXISTING STATE AND COUNTY AGENCIES, PURSUANT TO AN AGREEMENT TO BE MADE
BY THE STATE OR BY THE COUNTIES OF DUTCHESS AND PUTNAM;
(G) TO HOLD HEARINGS IN THE EXERCISE OF ITS POWERS, FUNCTIONS AND
DUTIES PROVIDED FOR BY THIS ARTICLE;
(H) TO CONTRACT FOR PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE;
(I) TO CONTRACT FOR AND TO ACCEPT ANY ASSISTANCE, INCLUDING BUT NOT
LIMITED TO GIFTS, GRANTS OR LOANS OF FUNDS OR OF PROPERTY FROM THE
FEDERAL GOVERNMENT OR ANY AGENCY OR INSTRUMENTALITY THEREOF, OR FROM ANY
AGENCY OR INSTRUMENTALITY OF THE STATE, OR FROM ANY OTHER PUBLIC OR
PRIVATE SOURCE AND TO COMPLY, SUBJECT TO THE PROVISIONS OF THIS ARTICLE,
WITH THE TERMS AND CONDITIONS THEREOF;
(J) TO ESTABLISH GUIDELINES WHICH MAY INCLUDE A SYSTEM OF BONUSES AND
INCENTIVES IN ORDER TO PURCHASE, SELL, HOLD AND TRADE DEVELOPMENT RIGHTS
AS DEFINED IN PARAGRAPH A OF SUBDIVISION ONE OF SECTION TWO HUNDRED
SIXTY-ONE-A OF THE TOWN LAW; SUCH TRANSFERS MAY CROSS MUNICIPAL AND
SPECIAL DISTRICT BOUNDARIES;
(K) TO ADOPT, AMEND AND REPEAL, AFTER PUBLIC HEARING (EXCEPT IN THE
CASE OF RULES AND REGULATIONS THAT RELATE TO THE ORGANIZATION OR INTER-
NAL MANAGEMENT OF THE AGENCY), SUCH RULES AND REGULATIONS, CONSISTENT
WITH THIS ARTICLE, AS IT DEEMS NECESSARY TO ADMINISTER THIS ARTICLE, AND
TO DO ANY AND ALL THINGS NECESSARY OR APPROPRIATE TO CARRY OUT THE
PURPOSES AND POLICIES OF THIS ARTICLE AND EXERCISE POWERS GRANTED BY
LAW;
(L) TO PROVIDE SCIENTIFIC AND TECHNICAL ASSISTANCE OR TO MAKE GRANTS
TO MUNICIPALITIES, TOWNS AND THE COUNTY FOR REVISIONS OF LOCAL MASTER
PLANS, OR THE RELEVANT ORDINANCES DESIGNED TO BRING SUCH PLANS AND ORDI-
NANCES INTO CONFORMANCE WITH THE COMPREHENSIVE LAND USE PLAN PREPARED
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AND ADOPTED BY THE COMMISSION. THE COMMISSION MAY MAKE SUCH GRANTS FROM
ANY FUNDS WHICH MAY BE APPROPRIATED OR OTHERWISE MADE AVAILABLE TO IT
FOR SUCH PURPOSE;
(M) TO ESTABLISH AND MAINTAIN AN EDUCATION AND OUTREACH PROGRAM RELAT-
ING TO THE COMMISSION'S WORK;
(N) TO CONVENE CONFERENCES, SEMINARS, MEETINGS, TECHNICAL SESSIONS ON
ITS OWN OR IN COORDINATION WITH FEDERAL, STATE, COUNTY, TOWN OR PRIVATE
ORGANIZATIONS AS DEEMED NECESSARY RELATIVE TO ITS RESPONSIBILITIES;
(O) TO REPORT PERIODICALLY TO THE GOVERNOR AND THE LEGISLATURE ON THE
CONDUCT OF ITS ACTIVITIES NOT LESS THAN ONCE A YEAR, FURNISHING A COPY
OF EACH SUCH REPORT TO THE LEGISLATIVE BODIES OF DUTCHESS AND PUTNAM
COUNTIES AND THE TOWNS AND VILLAGES IN WHOLE OR IN PART WITHIN THE GREAT
SWAMP AREA;
(P) TO ASSIST LOCAL, COUNTY AND STATE GOVERNMENT IN PRIORITIZATION AND
NEGOTIATION WITH PRIVATE LANDOWNERS WHOSE PROPERTY IS AFFECTED BY THE
LAND USE PLAN, TO EVALUATE THE IMPACT OF ANY RESTRICTIONS AND DEVELOP A
PACKAGE OF BENEFITS; AND
(Q) TO HAVE AND EXERCISE SUCH OTHER INCIDENTAL AND USUAL POWERS AS ARE
NECESSARY AND APPROPRIATE TO CARRY OUT ITS DUTIES.
7. THERE IS HEREBY CREATED A GREAT SWAMP ADVISORY COMMITTEE TO ACTIVE-
LY ASSIST AND ADVISE THE COMMISSION IN THE PREPARATION, ADOPTION AND
IMPLEMENTATION OF THE GREAT SWAMP COMPREHENSIVE LAND USE PLAN. THE
COMMITTEE SHALL CONSIST OF NOT MORE THAN TWENTY-EIGHT MEMBERS WHICH
SHALL INCLUDE REPRESENTATIVES OF ENVIRONMENTAL GROUPS, ECONOMIC DEVELOP-
MENT AND REAL ESTATE INTERESTS, FARMERS, WATER SUPPLIERS, CIVIC GROUPS,
PLANNERS, BIOLOGISTS, WATER QUALITY SCIENTISTS AND RECREATIONAL INTER-
ESTS. THE MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT COMPENSATION. THE
INITIAL MEMBERS OF THE ADVISORY COMMITTEE SHALL INCLUDE A REPRESENTATIVE
OF THE FRIENDS OF THE GREAT SWAMP, PUTNAM COUNTY CORNELL COOPERATIVE
EXTENSION, DUTCHESS COUNTY FARM BUREAU, PUTNAM COUNTY ECONOMIC DEVELOP-
MENT CORPORATION, GREENWAY, PUTNAM COUNTY BOARD OF REALTORS, THE NATURE
CONSERVANCY, ENVIRONMENTAL DEFENSE FUND, RIVERKEEPER AND A CIVIC REPRE-
SENTATIVE FROM THE VILLAGE OF PAWLING AND EACH OF THE TOWNS OF PAWLING,
PATTERSON, DOVER AND SOUTHEAST DESIGNATED BY THE SUPERVISOR THEREOF. THE
COMMITTEE MAY BE EXPANDED AS NECESSARY TO INCORPORATE OTHER INTERESTS IN
THE DEVELOPMENT AND PRESERVATION OF THE GREAT SWAMP PRESERVE. EACH
MEMBER SHALL SERVE AT THE PLEASURE OF THE ENTITY WHICH DESIGNATED IT.
THE COMMITTEE BY A MAJORITY VOTE SHALL ELECT A CHAIRPERSON. THE COMMIS-
SION SHALL MEET PERIODICALLY WITH THE ADVISORY COMMITTEE, MAKE AVAILABLE
WORKING DRAFT AND OTHER DOCUMENTS, AND SHALL PROVIDE SERVICES TO THE
ADVISORY COMMITTEE AS ARE NECESSARY AND APPROPRIATE TO CARRY OUT ITS
FUNCTIONS UNDER THIS ARTICLE.
S 58-0119. GREAT SWAMP COMPREHENSIVE LAND USE PLAN; INTERIM REGULATIONS.
1. IN PREPARATION OF THE LAND USE PLAN, THE COMMISSION SHALL:
(A) CONSULT WITH APPROPRIATE OFFICIALS OF ANY REGIONAL, STATE OR
FEDERAL AGENCY WHICH HAS JURISDICTION OVER LANDS AND WATERS WITHIN THE
GREAT SWAMP AREA;
(B) CONSULT WITH THE OFFICIALS OF ANY MUNICIPALITY WHICH HAS JURISDIC-
TION OVER LANDS AND WATERS WITHIN THE GREAT SWAMP AREA;
(C) CONSULT WITH INTERESTED PROFESSIONAL, SCIENTIFIC AND CITIZENS'
ORGANIZATIONS; AND
(D) CONSULT WITH CITIZENS' COMMITTEES.
2. FOLLOWING CONSULTATION WITH THE ADVISORY COMMITTEE AND WITHIN
TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSION
SHALL PUBLISH THE DRAFT LAND USE PLAN. WITHIN THREE MONTHS OF SUCH
PUBLICATION, THE COMMISSION SHALL HOLD PUBLIC INFORMATIONAL MEETINGS IN
S. 4706 9
THE VILLAGE OF PAWLING AND THE TOWNS OF DOVER, PAWLING, PATTERSON AND
SOUTHEAST AND AT LEAST ONE PUBLIC HEARING WITHIN THE GREAT SWAMP AREA.
DURING THIS PERIOD THE COMMISSION SHALL RECEIVE AND REVIEW COMMENTS ON
THE DRAFT LAND USE PLAN-GENERIC ENVIRONMENTAL IMPACT STATEMENT FROM
STATE AND LOCAL GOVERNMENTS AND THE PUBLIC AND WITHIN THREE MONTHS, THE
COMMISSION SHALL RECOMMEND A REVISED COMPREHENSIVE LAND USE PLAN PURSU-
ANT TO THIS ARTICLE TO THE RESPECTIVE TOWN BOARDS OF SUCH TOWNS FOR
THEIR RATIFICATION AND ADOPTION. WITHIN TWO MONTHS OF THE COMMISSION
RECOMMENDING THE PLAN TO THE RESPECTIVE TOWN BOARDS, THE TOWN BOARDS
SHALL PERFORM A COMPREHENSIVE REVIEW OF THE PLAN AND SHALL PROVIDE FINAL
COMMENTS TO THE COMMISSION. THE COMMISSION AT ITS DISCRETION MAY MODIFY
THE PLAN AS REQUESTED BY THE TOWN REPRESENTATIVES. AFTER MODIFYING THE
PLAN AS NECESSARY, THE COMMISSION SHALL PREPARE A DRAFT SUPPLEMENTAL
GENERIC ENVIRONMENTAL IMPACT STATEMENT AND A FINAL GENERIC ENVIRONMENTAL
IMPACT STATEMENT, AND THE VILLAGE AND THE TOWNS AND COMMISSION SHALL
ADOPT THE NECESSARY STATEMENT OF FINDINGS PURSUANT TO ARTICLE EIGHT OF
THIS CHAPTER. RATIFICATION AND ADOPTION OF THE PLAN BY THE VILLAGE OF
PAWLING AND THE TOWN BOARDS OF DOVER, PAWLING, PATTERSON AND SOUTHEAST
SHALL REPRESENT COMMITMENT TO IMPLEMENTATION OF THE PROVISIONS CONTAINED
THEREIN. UPON RATIFICATION AND ADOPTION BY SUCH FOUR TOWNS, THE COMMIS-
SION ITSELF WILL FORMALLY ADOPT THE PLAN-GENERIC ENVIRONMENTAL IMPACT
STATEMENT AND ITS PROVISIONS SHALL BE IN FULL FORCE. ADOPTION BY THE
COMMISSION SHALL ONLY BE UPON THE SIGNATURE OF THE GOVERNOR, COUNTY
EXECUTIVE OF DUTCHESS AND PUTNAM COUNTIES, MAYOR OF THE VILLAGE OF PAWL-
ING AND SUPERVISOR OF THE TOWN OF DOVER, SUPERVISOR OF THE TOWN OF PAWL-
ING, SUPERVISOR OF THE TOWN OF PATTERSON AND THE SUPERVISOR OF THE TOWN
OF SOUTHEAST.
3. NOT LESS THAN ONCE EVERY FIVE YEARS AFTER THE LAND USE PLAN HAS
BECOME EFFECTIVE, THE COMMISSION SHALL REVIEW AND, IF APPROPRIATE, MAKE
AMENDMENTS TO THE LAND USE PLAN AND UPDATE THE GENERIC IMPACT STATEMENT.
WITHIN EACH SUCH PERIOD, THE COMMISSION SHALL HOLD A PUBLIC HEARING AND
SHALL RECEIVE COMMENTS ON THE EFFECTIVENESS OF IMPLEMENTATION OF THE
LAND USE PLAN. NOT LESS THAN THIRTY DAYS BEFORE VOTING ON AN AMENDMENT
TO THE LAND USE PLAN, THE COMMISSION SHALL PUBLISH NOTICE THEREOF IN A
NEWSPAPER OF GENERAL CIRCULATION IN THE GREAT SWAMP AREA.
S 58-0121. IMPLEMENTATION OF THE GREAT SWAMP COMPREHENSIVE LAND USE
PLAN.
FOR THE COUNTIES OF DUTCHESS AND PUTNAM, AND EACH TOWN OR VILLAGE
IMPLEMENTING REGULATIONS WHOLLY WITHIN THE GREAT SWAMP AREA APPROVED BY
THE COMMISSION, THERE MAY BE DEFENSE BY AND SHALL BE INDEMNITY FROM THE
STATE IN THE EVENT OF LEGAL ACTIONS OR PROCEEDINGS BROUGHT AGAINST ANY
SUCH MUNICIPALITIES OR THEIR AGENTS, SERVANTS, OFFICIALS OR EMPLOYEES
THAT MAY RESULT FROM THE MUNICIPAL ACQUISITION OF LAND CONSISTENT WITH
THE LAND USE PLAN OR COMPREHENSIVE MANAGEMENT PLAN OR THE ADOPTION OR
IMPLEMENTATION OF ANY LAND USE CONTROL INCLUDING, BUT NOT LIMITED TO,
THE PROVISIONS OF A ZONING LAW, ORDINANCE, OR REGULATION CONSISTENT WITH
THIS ARTICLE OR REQUIRED BY THE MINIMUM STANDARDS AND CRITERIA OF THE
LAND USE PLAN. INDEMNITY SHALL NOT APPLY TO ANY SUCH CLAIM IN WHICH A
FINAL COURT DETERMINATION RESULTS IN A FINDING OF INTENTIONAL WRONGDO-
ING, RECKLESSNESS, OR AN UNLAWFUL DISCRIMINATORY PRACTICE INCLUDING THE
FINDING THAT THE LAND USE CONTROL WAS INTENDED TO EXCLUDE A PARTICULAR
GROUP OR INDIVIDUAL, OR GROSS NEGLIGENCE ON THE PART OF SUCH MUNICI-
PALITY OR ITS AGENTS, SERVANTS, OFFICIALS, OR EMPLOYEES. ACTIONS OR
PROCEEDINGS BROUGHT UNDER SUBDIVISIONS TWO, TWO-A, THREE-B, FOUR, PARA-
GRAPHS (A) AND (B) OF SUBDIVISION FIVE AND SUBDIVISIONS SIX, SEVEN,
FOURTEEN, AND EIGHTEEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECU-
S. 4706 10
TIVE LAW AND 42 U.S.C. 55 1981, 1983, 1988 SHALL BE INDEMNIFIED BY THE
STATE ONLY SO FAR AS THE GRIEVANCE ALLEGED IN SUCH ACTION OR PROCEEDING
WAS THE RESULT OF AN ACT CONSISTENT WITH THIS ARTICLE OR THE PLAN.
1. SUCH INDEMNITY SHALL APPLY ONLY TO THE EXTENT THAT ANY SUCH CLAIM
EXCEEDS ANY INSURANCE COVERAGE OBTAINED BY THE COMMISSION FROM REVENUES
IN THE GREAT SWAMP FUND.
2. SUCH INDEMNITY SHALL BE CONDITIONED UPON (A) DELIVERY BY THE
GOVERNING BODY OR ITS AGENT AGAINST WHOM THE LEGAL ACTION OR PROCEEDING
WAS COMMENCED TO THE ATTORNEY GENERAL OR AN ASSISTANT ATTORNEY GENERAL
AT AN OFFICE OF THE DEPARTMENT OF LAW IN THE STATE THE ORIGINAL OR A
COPY OF ANY SUMMONS, COMPLAINT, PROCESS, NOTICE, DEMAND OR PLEADING
WITHIN FIFTEEN DAYS AFTER SUCH DOCUMENT IS SERVED UPON SUCH GOVERNING
BODY OR ITS AGENT, AND (B) THE FULL COOPERATION OF THE GOVERNING BODY OR
ITS AGENTS AGAINST WHOM THE ACTION OR PROCEEDING WAS COMMENCED IN THE
DEFENSE OF SUCH ACTION OR PROCEEDING AND IN DEFENSE OF ANY ACTION OR
PROCEEDING AGAINST THE STATE BASED UPON THE SAME ACT OR OMISSION, AND IN
THE PROSECUTION OF ANY APPEAL.
3. THERE SHALL BE NO INDEMNITY IN THE EVENT OF A SETTLEMENT BETWEEN OR
AMONG THE PARTIES TO SUCH LEGAL ACTION OR PROCEEDING IN THOSE INSTANCES
IN WHICH THE ATTORNEY GENERAL IS NOT PROVIDING THE DEFENSE FOR THE
GOVERNING BODY OR ITS AGENTS, UNLESS SUCH SETTLEMENT IS APPROVED BY THE
COMMISSION WITH THE CONCURRENCE OF THE ATTORNEY GENERAL.
S 58-0123. ADDITION OF TOWNS.
1. THE LEGISLATURE FINDS THAT IN ORDER TO FACILITATE REGIONAL PLAN-
NING, LOCAL GOVERNMENTS WITHIN THE RESERVE BUT LOCATED OUTSIDE OF THE
GREAT SWAMP AREA MAY SIMILARLY BENEFIT FROM THE PLANNING EFFORT UNDER-
TAKEN BY THE COMMISSION. THEREFORE, AFTER THE COMPLETION, RATIFICATION,
AND ADOPTION OF THE COMPREHENSIVE LAND USE PLAN AND UPON APPLICATION TO
THE COMMISSION, THE VILLAGE OF PAWLING AND THE TOWNS OF DOVER, PAWLING,
PATTERSON AND SOUTHEAST MAY ELECT, BY DULY ADOPTED RESOLUTION OF ITS
TOWN BOARD, TO JOIN THE COMMISSION OR ESTABLISH A SIMILAR PLANNING
EFFORT FOR THOSE AREAS OUTSIDE THE GREAT SWAMP AREA AND WITHIN THE
RESERVE THAT WARRANT AND WOULD BENEFIT FROM SUCH REGIONAL EFFORTS
CONSISTENT WITH THE GOALS AND OBJECTIVES OF THIS ARTICLE.
2. ALL BENEFITS AND OBLIGATIONS WHICH ACCRUE TO MUNICIPALITIES WHICH
PARTICIPATE WITH THE COMMISSION SHALL BE AFFORDED TO THE MUNICIPALITIES
WHICH ELECT TO VOLUNTARILY PARTICIPATE IN THIS PROCESS, SUBJECT TO THE
OBLIGATIONS OF THIS ARTICLE. SUCH BENEFITS MAY INCLUDE FUNDING FOR THE
DEVELOPMENT AND IMPLEMENTATION OF REGIONAL PLANS. THE PROVISIONS OF THIS
ARTICLE WITH RESPECT TO THE INTERIM PROVISIONS SHALL NOT APPLY. TO THE
EXTENT FEASIBLE, TOWNS ELECTING TO DEVELOP AND IMPLEMENT SUCH REGIONAL
PLANS CONSISTENT WITH THIS ARTICLE, SHALL UTILIZE THE COMMISSION AND ITS
SUPPORTIVE STRUCTURE.
3. UPON COMPLETION, RATIFICATION, AND ADOPTION OF THE COMPREHENSIVE
LAND USE PLAN, AND AN EXPRESSED INTEREST ON THE PART OF THE VILLAGE OF
PAWLING AND THE TOWNS OF DOVER, PAWLING, PATTERSON AND SOUTHEAST, THE
COMMISSION SHALL ESTABLISH CRITERIA FOR PARTICIPATING IN THIS PROCESS.
SUCH CRITERIA MAY NOT INCLUDE THE IMPOSITION OF A MORATORIUM OR
RESTRICTION OF DEVELOPMENT AS A REQUIREMENT FOR PARTICIPATION.
S 58-0125. COOPERATION OF STATE AND MUNICIPAL AGENCIES.
THE COUNCIL MAY REQUEST AND SHALL BE PROVIDED WITH SUCH COOPERATION,
ASSISTANCE, SERVICES AND DATA, FROM ANY DEPARTMENT, AGENCY, ADVISORY
BOARD, TASK FORCE, COMMISSION, BUREAU OR ANY OTHER AGENCY HAVING JURIS-
DICTION OVER LAND OR WATER WITHIN THE GREAT SWAMP RESERVE, AS ARE NECES-
SARY TO CARRY OUT THE COUNCIL'S FUNCTION PURSUANT TO THIS ARTICLE. THE
COUNCIL SHALL COORDINATE ITS ACTIONS WITH THE REGION 1 REGIONAL ADVISORY
S. 4706 11
COMMITTEE, ESTABLISHED BY SECTION 49-0209 OF THIS CHAPTER. EVERY STATE
AGENCY IS AUTHORIZED TO PROVIDE, WITHIN AMOUNTS APPROPRIATED THEREFOR
AND SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, SUCH ASSIST-
ANCE AND SERVICES AS THE COUNCIL MAY REQUEST.
S 58-0127. ACCEPTANCE OF MONIES.
THE COUNCIL MAY ACCEPT ANY GRANT OR APPROPRIATION FROM FEDERAL, STATE
AND MUNICIPAL SOURCES AND ANY GIFT FOR USE TO CARRY OUT THE PROVISIONS
OF THIS ARTICLE. SUCH MONIES SHALL BE EXPENDED BY THE COUNCIL TO CARRY
OUT THE PROVISIONS OF THIS ARTICLE, EXCEPT THAT SUCH EXPENDITURES SHALL
NOT EXCEED THE GRANTS, APPROPRIATIONS AND GIFTS RECEIVED BY THE COUNCIL.
S 58-0129. LIMITATIONS ON REGULATION OF HUNTING, FISHING AND RECREATION
ACTIVITIES; NONREGULATION OF FEDERAL CONSERVATION ACTIV-
ITIES.
NOTHING IN THIS ARTICLE SHALL BE INTERPRETED TO AUTHORIZE THE REGU-
LATION OF HUNTING, SHELLFISHING, FISHING, TRAPPING, POSSESSION OF WILD-
LIFE OR OTHER RECREATIONAL ACTIVITIES IN THE GREAT SWAMP RESERVE, EXCEPT
AS OTHERWISE PROVIDED BY LAW. THIS ARTICLE SHALL NOT APPLY TO ANY
ACTION UNDERTAKEN BY ANY FEDERAL AGENCY OR FEDERAL DEPARTMENT IN
FULFILLMENT OF ITS OBLIGATIONS OR DUTIES PURSUANT TO ANY FEDERAL LAW,
FEDERAL REGULATION, FEDERAL AGENCY POLICY, OR FEDERAL MANAGEMENT ACTIV-
ITY RELATING TO WILDLIFE, GAME OR NONGAME SPECIES MANAGEMENT, HABITAT
PROTECTION, OR MIGRATORY SPECIES PROTECTION.
S 58-0131. AFFECT ON OTHER LAWS.
EXCEPT AS OTHERWISE PROVIDED IN THE PROVISIONS OF THIS ARTICLE, THIS
ARTICLE SHALL NOT AFFECT:
1. THE POLICE POWERS, LOCAL PLANNING POWERS, ZONING POWERS OR AUTHORI-
TY TO REGULATE LAND USES BY VILLAGES AND TOWNS WITHIN THE GREAT SWAMP
RESERVE; OR
2. THE POLICE POWER OF THE STATE TO REGULATE ANY ACTIVITY CARRIED UPON
ANY LANDS, IN THE GREAT SWAMP RESERVE; OR
3. THE AUTHORITY OF ANY STATE OR PUBLIC AGENCY IN THE MANAGEMENT OF
ANY STATE OR PUBLIC LANDS IN THE GREAT SWAMP RESERVE.
S 58-0133. JUDICIAL REVIEW.
ANY PERSON AGGRIEVED BY A FINAL DETERMINATION BY ANY GOVERNING BODY
ACTING UNDER THIS ARTICLE, MAY WITHIN THIRTY DAYS FROM THE DATE OF SUCH
DETERMINATION SEEK JUDICIAL REVIEW PURSUANT TO ARTICLE SEVENTY-EIGHT OF
THE CIVIL PRACTICE LAW AND RULES IN THE SUPREME COURT. THE COMMISSION
SHALL BE A PARTY TO ANY SUCH PROCEEDING. IN THE EVENT THAT THE COURT
FINDS THAT THE DETERMINATION OF SUCH GOVERNING BODY CONSTITUTES THE
EQUIVALENT OF TAKING WITHOUT JUST COMPENSATION, THE COMMISSION MAY SET
ASIDE THE DETERMINATION OF SUCH GOVERNING BODY, OR IF THE LAND SO REGU-
LATED OTHERWISE MEETS THE GOALS AND OBJECTIVES OF THIS ARTICLE AND IF
THE COMMISSION OR THE GOVERNING BODY HAS SUFFICIENT FUNDS THEREFOR, THE
COMMISSION OR THE GOVERNING BODY MAY ACQUIRE SUCH LAND OR INTEREST IN
LANDS AS HAVE BEEN TAKEN, PROCEEDING UNDER THE POWER OF EMINENT DOMAIN.
ALL ISSUES IN ANY PROCEEDING UNDER THE POWER OF EMINENT DOMAIN SHALL
HAVE PREFERENCE OVER ALL OTHER CIVIL ACTIONS OR PROCEEDINGS.
S 58-0135. SEVERABILITY.
THE PROVISIONS OF THIS ARTICLE SHALL BE SEVERABLE AND IF ANY PORTION
THEREOF OR THE APPLICABILITY THEREOF TO ANY PERSON OR CIRCUMSTANCE SHALL
BE HELD INVALID, THE REMAINDER OF THIS ARTICLE AND THE APPLICATION THER-
EOF SHALL NOT BE AFFECTED THEREBY.
S 2. This act shall take effect immediately.
