LBD09985-04-4
S. 9220 2
PUTNAM, BY ESTABLISHING THE GREAT SWAMP RESERVE. IT IS FURTHER IN THE
PUBLIC INTEREST TO ESTABLISH A COMMISSION MADE UP OF REPRESENTATIVES OF
STATE, COUNTY, AND LOCAL GOVERNMENTS TO PREPARE A COMPREHENSIVE LAND USE
AND 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.
§ 59-0105. 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 WETLAND COMPRISED OF TWO
CRITICAL WATERSHEDS. THE GREAT SWAMP IS INTERCONNECTED BY THE SWAMP
RIVER AND THE EAST BRANCH CROTON RIVER, AND THE ECOLOGIC AND HYDROLOGIC
INTEGRITY OF THIS SYSTEM MUST BE PROTECTED.
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-
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 COMPREHENSIVE LAND USE AND MANAGEMENT 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 REGIONAL GROWTH WITH RECOGNITION
OF THE RIGHTS OF PRIVATE LAND OWNERS AND THE PURPOSE OF PRESERVATION OF
THE CORE AREA.
§ 59-0107. DEFINITIONS.
AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL MEAN AND INCLUDE:
1. "COMMISSION" SHALL MEAN THE GREAT SWAMP RESERVE COMMISSION CREATED
BY SECTION 59-0109 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 INCLUDING LAND CHARACTERIZED BY
A GROUP OF THREATENED SPECIES WHICH ARE DEDICATED FOR PROTECTION AND
BENEFICIAL PUBLIC USE PURSUANT TO SECTION 59-0117 OF THIS ARTICLE. LANDS
S. 9220 3
WHICH ARE NOT DEEMED CRITICAL MAY BE DEDICATED PURSUANT TO SECTION
59-0115 OF THIS ARTICLE AS A PROTECTIVE OR BUFFER ZONE FOR OTHER DEDI-
CATED LANDS, OR TO OTHERWISE SUPPORT THE MANAGEMENT OF THE PRESERVE.
3. "PLAN" SHALL MEAN THE COMPREHENSIVE LAND USE AND MANAGEMENT PLAN
CREATED PURSUANT TO SECTION 59-0113 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. "ADVISORY COMMITTEE" SHALL MEAN THE GREAT SWAMP ADVISORY COMMITTEE
TO THE COMMISSION ESTABLISHED PURSUANT TO SECTION 59-0119 OF THIS ARTI-
CLE.
6. "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
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.
§ 59-0109. GREAT SWAMP RESERVE COMMISSION.
1. UPON THE ADOPTION OF THE GREAT SWAMP COMPREHENSIVE LAND USE AND
MANAGEMENT PLAN THE GREAT SWAMP RESERVE COMMISSION SHALL BE ESTABLISHED
WITHIN THE DEPARTMENT 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 THE COMPREHEN-
SIVE LAND USE AND MANAGEMENT PLAN FOR THE GREAT SWAMP RESERVE THAT STATE
AND LOCAL GOVERNMENTS MAY ADOPT.
2. THE COMMISSION SHALL BE COMPOSED OF THIRTEEN 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 TOWN SUPERVISORS OF THE TOWNS OF DOVER, PAWLING, PATTERSON
AND SOUTHEAST OR SUCH TOWN SUPERVISORS' DESIGNEES SHALL SERVE AS
MEMBERS. THE COMMISSIONER OR THEIR DESIGNEE, THE SECRETARY OF STATE OR
THEIR DESIGNEE, AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT OR THEIR
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 FUNC-
TIONAL AREAS TO BE ADDRESSED BY THE COMMISSION. ALL INITIAL APPOINTMENTS
SHALL BE MADE WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE.
THE CHIEF EXECUTIVE OFFICER OF ANY OTHER STATE AGENCY MAY BE CALLED TO
SERVE AS AN EX-OFFICIO MEMBER IF DEEMED NECESSARY BY THE DEPARTMENT.
3. MEMBERS OF THE COMMISSION SHALL SERVE FOR A TERM OF TWO YEARS OR
THEREAFTER UNTIL A SUCCESSOR IS APPOINTED. A CHAIRPERSON SHALL BE DESIG-
NATED BY THE GOVERNOR. THE COMMISSION SHALL ELECT A VICE-CHAIRPERSON AND
SUCH OTHER OFFICERS AS IT MAY DETERMINE ARE NECESSARY FOR THE CONDUCT OF
ITS DUTIES.
S. 9220 4
4. TEN MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM. AN AFFIR-
MATIVE VOTE OF NINE OR MORE MEMBERS SHALL BE REQUIRED TO PASS A RESOL-
UTION OR OTHERWISE EXERCISE ANY FUNCTIONS OR POWERS OF THE COMMISSION,
EXCEPT THE ADOPTION OF THE PLAN WHICH REQUIRES A UNANIMOUS VOTE OF THE
COMMISSION.
5. THE MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT COMPENSATION.
6. 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.
§ 59-0111. DUTIES OF THE COMMISSION.
THE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
1. TO ENFORCE AND ENSURE IMPLEMENTATION OF THE COMPREHENSIVE LAND USE
AND MANAGEMENT PLAN, WITH THE ADVICE OF THE ADVISORY COMMITTEE;
2. TO CONDUCT SCIENTIFIC AND ENVIRONMENTAL STUDIES;
3. TO MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY
OR CONVENIENT FOR THE EXERCISE OF ITS POWERS AND FUNCTIONS UNDER THIS
ARTICLE;
4. TO ESTABLISH AND MAINTAIN SUCH FACILITIES AS MAY BE NECESSARY FOR
THE TRANSACTING OF ITS BUSINESS;
5. TO APPOINT AN EXECUTIVE OFFICER, OFFICERS, AGENTS, EMPLOYEES, AND
PRESCRIBE THEIR DUTIES AND QUALIFICATIONS AND FIX THEIR COMPENSATION;
6. TO REVIEW AND APPROVE PROPOSED DEDICATIONS OF LANDS TO THE GREAT
SWAMP PRESERVE AND RECOMMEND ADDITIONAL DEDICATIONS TO SUCH PRESERVE;
7. TO UTILIZE TO THE FULLEST EXTENT PRACTICABLE, THE STAFF AND FACILI-
TIES OF STATE AGENCIES, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE
BUDGET, AND LOCAL AGENCIES TO CARRY OUT THE PROVISIONS OF THIS ARTICLE;
8. TO HOLD PUBLIC HEARINGS IN THE EXERCISE OF ITS POWERS, FUNCTIONS,
AND DUTIES PROVIDED FOR BY THIS ARTICLE;
9. TO CONTRACT WITHIN AMOUNTS APPROPRIATED FOR OR OTHERWISE AVAILABLE
FOR PROFESSIONAL AND TECHNICAL ASSISTANCE OR ADVICE;
10. TO MEET NOT LESS THAN ONCE EVERY TWO MONTHS BEGINNING THIRTY DAYS
AFTER THE ENACTMENT OF THIS SECTION, FOLLOWING PUBLIC NOTICE BY THE
COUNTIES OF DUTCHESS AND PUTNAM, AND TO ENCOURAGE THE ATTENDANCE AT SUCH
MEETINGS OF REPRESENTATIVES OF LOCAL GOVERNMENTS AND INTERESTED PARTIES
AFFECTED BY THE DELIBERATIONS OF THE COMMISSION;
11. 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;
12. TO ESTABLISH AND MAINTAIN AN EDUCATION AND OUTREACH PROGRAM, IN
PARTNERSHIP WITH THE ADVISORY COMMITTEE, AND INCLUDING BUT NOT LIMITED
TO MAINTAINING A PUBLIC WEBSITE RELATING TO THE COMMISSION'S WORK;
13. TO ENCOURAGE INDIVIDUALS, CORPORATIONS, ASSOCIATIONS AND PUBLIC
ENTITIES TO PROTECT AND PRESERVE THE UNIQUE RESOURCES OF THE RESERVE
INCLUDING THE PRESERVE;
14. TO CONTRACT FOR AND TO ACCEPT ASSISTANCE, INCLUDING BUT NOT LIMIT-
ED TO GIFTS, EASEMENTS OR LOANS OF FUNDS OR REAL PROPERTY OR PERSONAL
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, 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;
15. TO SUE AND BE SUED;
S. 9220 5
16. 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 DEVEL-
OP A PACKAGE OF BENEFITS;
17. 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 COMMISSION, SUCH RULES AND REGULATIONS, CONSISTENT
WITH THIS ARTICLE, AS IT DEEMS NECESSARY TO ADMINISTER THIS ARTICLE AND
EXERCISE POWERS GRANTED BY LAW;
18. TO PROVIDE SCIENTIFIC AND TECHNICAL ASSISTANCE OR TO MAKE GRANTS
TO MUNICIPALITIES, TOWNS, AND COUNTIES FOR REVISIONS OF LOCAL PLANS, OR
THE RELEVANT ORDINANCES DESIGNED TO BRING SUCH PLANS INTO CONFORMANCE
WITH THE COMPREHENSIVE LAND USE AND MANAGEMENT PLAN. THE COMMISSION MAY
MAKE SUCH GRANTS FROM ANY FUNDS WHICH MAY BE APPROPRIATED OR OTHERWISE
MADE AVAILABLE TO IT FOR SUCH PURPOSE;
19. TO CONVENE CONFERENCES, SEMINARS, MEETINGS, AND TECHNICAL SESSIONS
ON ITS OWN OR IN COORDINATION WITH FEDERAL, STATE, COUNTY, TOWN, OR
PRIVATE ORGANIZATIONS AS DEEMED NECESSARY RELATIVE TO ITS RESPONSIBIL-
ITIES;
20. 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; AND
21. TO HAVE AND EXERCISE SUCH OTHER INCIDENTAL AND USUAL POWERS AS ARE
NECESSARY AND APPROPRIATE TO CARRY OUT ITS DUTIES.
§ 59-0113. COMPREHENSIVE LAND USE AND MANAGEMENT PLAN.
1. THE DEPARTMENT SHALL, AFTER HOLDING PUBLIC HEARINGS, PREPARE AND
ADOPT A COMPREHENSIVE LAND USE AND MANAGEMENT PLAN FOR THE GREAT SWAMP
RESERVE, WHICH THE STATE AND LOCAL GOVERNMENTS MAY ADOPT. SUCH PLAN
SHALL BE DRAFTED IN CONSULTATION WITH APPROPRIATE OFFICIALS OF ANY
REGIONAL, STATE, OR FEDERAL AGENCY WHICH HAS JURISDICTION OVER LANDS AND
WATERS WITHIN THE GREAT SWAMP AREA, AND ANY ADDITIONAL INTERESTED
PROFESSIONAL, SCIENTIFIC, AND CITIZENS' ORGANIZATIONS. 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
EDUCATIONAL 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;
S. 9220 6
(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
DIGITALLY AND UPON REQUEST AND THE LOCAL GOVERNMENTS WITHIN THE GREAT
SWAMP RESERVE WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION
AND PRIOR TO ADOPTING THE PLAN. THE DEPARTMENT SHALL HOLD PUBLIC MEET-
INGS IN THE TOWNS OF DOVER, PAWLING, PATTERSON, AND SOUTHEAST AND AT
LEAST ONE MEETING WITHIN THE GREAT SWAMP RESERVE. WITHIN TWO MONTHS OF
THE DEPARTMENT 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 DEPARTMENT. THE DEPARTMENT AT ITS
DISCRETION MAY MODIFY THE PLAN AS REQUESTED BY THE TOWN REPRESENTATIVES.
AFTER MODIFYING THE PLAN AS NECESSARY, THE DEPARTMENT SHALL PREPARE A
DRAFT SUPPLEMENTAL GENERIC ENVIRONMENTAL IMPACT STATEMENT AND A FINAL
GENERIC ENVIRONMENTAL IMPACT STATEMENT, AND THE TOWNS AND DEPARTMENT
SHALL ADOPT THE NECESSARY STATEMENT OF FINDINGS PURSUANT TO ARTICLE 8 OF
THIS CHAPTER. RATIFICATION AND ADOPTION OF THE PLAN BY 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 DEPARTMENT ITSELF WILL FORMALLY
ADOPT THE PLAN AND ITS PROVISIONS SHALL BE IN FULL FORCE.
3. NOT LESS THAN ONCE EVERY FIVE YEARS AFTER THE LAND USE PLAN HAS
BECOME EFFECTIVE, THE COMMISSION, IN CONSULTATION WITH THE DEPARTMENT,
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 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.
§ 59-0115. IMPLEMENTATION OF THE GREAT SWAMP COMPREHENSIVE LAND USE AND
MANAGEMENT PLAN.
1. FOR THE COUNTIES OF DUTCHESS AND PUTNAM, AND EACH TOWN OR VILLAGE
IMPLEMENTING REGULATIONS WHOLLY WITHIN THE GREAT SWAMP AREA APPROVED BY
THE DEPARTMENT, 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,
S. 9220 7
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.
2. INDEMNITY SHALL NOT APPLY TO ANY SUCH CLAIM IN WHICH A FINAL COURT
DETERMINATION RESULTS IN A FINDING OF INTENTIONAL WRONGDOING, RECKLESS-
NESS, OR AN UNLAWFUL DISCRIMINATORY PRACTICE INCLUDING THE FINDING THAT
THE LAND USE CONTROL WAS INTENDED TO EXCLUDE A PARTICULAR GROUP OR INDI-
VIDUAL, OR GROSS NEGLIGENCE ON THE PART OF SUCH MUNICIPALITY OR ITS
AGENTS, SERVANTS, OFFICIALS, OR EMPLOYEES. ACTIONS OR PROCEEDINGS
BROUGHT UNDER SUBDIVISIONS TWO, TWO-A, THREE-B, FOUR, PARAGRAPHS (A) AND
(B) OF SUBDIVISION FIVE AND SUBDIVISIONS SIX, SEVEN, AND EIGHTEEN OF
SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW AND 42 U.S.C. 55
1981, 1983 AND 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.
3. 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.
4. 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.
5. 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.
§ 59-0117. 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 COMMISSION 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
S. 9220 8
REGULAR SESSIONS OF THE LEGISLATURE, BUT EASEMENTS FOR PUBLIC WATER
SUPPLY PURPOSES MAY BE MAINTAINED CONSISTENT WITH LOCAL ORDINANCES.
8. THE COMMISSION 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 COMMIS-
SION 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.
§ 59-0119. GREAT SWAMP ADVISORY COMMITTEE.
UPON THE ADOPTION OF THE GREAT SWAMP COMPREHENSIVE LAND USE AND
MANAGEMENT PLAN THE GREAT SWAMP ADVISORY COMMITTEE SHALL BE CREATED. THE
ADVISORY COMMITTEE SHALL ACTIVELY ASSIST AND ADVISE THE COMMISSION IN
THE IMPLEMENTATION OF THE GREAT SWAMP COMPREHENSIVE LAND USE AND MANAGE-
MENT PLAN. THE ADVISORY COMMITTEE SHALL CONSIST OF NOT MORE THAN TWEN-
TY-EIGHT MEMBERS WHICH SHALL INCLUDE REPRESENTATIVES OF ENVIRONMENTAL
GROUPS, ECONOMIC DEVELOPMENT AND REAL ESTATE INTERESTS, FARMERS, WATER
SUPPLIERS, CIVIC GROUPS, PLANNERS, BIOLOGISTS, WATER QUALITY SCIENTISTS
AND RECREATIONAL INTERESTS. THE MEMBERS OF THE COMMITTEE SHALL SERVE
WITHOUT COMPENSATION. THE INITIAL MEMBERS OF THE ADVISORY COMMITTEE
SHALL INCLUDE A CIVIC REPRESENTATIVE FROM EACH OF THE TOWNS OF PAWLING,
PATTERSON, DOVER AND SOUTHEAST DESIGNATED BY THE SUPERVISOR THEREOF. THE
COMMITTEE MAY BE EXPANDED AS NECESSARY BY THE COMMISSION 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 CHAIR-
PERSON. THE COMMISSION SHALL MEET PERIODICALLY WITH THE ADVISORY COMMIT-
TEE, MAKE AVAILABLE WORKING DRAFTS AND OTHER DOCUMENTS, AND SHALL
PROVIDE SERVICES TO THE COMMISSION AS ARE NECESSARY AND APPROPRIATE TO
CARRY OUT ITS FUNCTIONS UNDER THIS ARTICLE.
§ 59-0121. LIMITATIONS ON REGULATION OF HUNTING, FISHING AND RECREATION-
AL ACTIVITIES; NONREGULATION OF FEDERAL CONSERVATION ACTIV-
ITIES.
NOTHING IN THIS ARTICLE SHALL BE INTERPRETED TO AUTHORIZE THE REGU-
LATION OF HUNTING, FISHING, TRAPPING, POSSESSION OF WILDLIFE 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 OBLI-
GATIONS OR DUTIES PURSUANT TO ANY FEDERAL LAW, FEDERAL REGULATION,
FEDERAL AGENCY POLICY, OR FEDERAL MANAGEMENT ACTIVITY RELATING TO WILD-
LIFE, GAME OR NONGAME SPECIES MANAGEMENT, HABITAT PROTECTION, OR MIGRA-
TORY SPECIES PROTECTION.
§ 59-0123. EFFECT 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 OUT
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.
§ 59-0125. 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
S. 9220 9
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.
§ 59-0127. SEVERABILITY.
THE PROVISIONS OF THIS ARTICLE SHALL BE SEVERABLE AND IF ANY PORTION
THEREOF OR THE APPLICABILITY THEREOF TO ANY PERSON OR CIRCUMSTANCES
SHALL BE HELD INVALID, THE REMAINDER OF THIS ARTICLE AND THE APPLICATION
THEREOF SHALL NOT BE AFFECTED THEREBY.
§ 2. This act shall take effect immediately.
