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This entry was published on 2014-09-22
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SECTION 138-C
Canal recreationway plan
Canal (CAL) CHAPTER 5, ARTICLE 13-A
§ 138-c. Canal recreationway plan. 1. The commission shall, in
accordance with the provisions of 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 section ten of this chapter and that is
consistent with the land use concepts contained in the state land
acquisition plan prepared pursuant to 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; and

i. 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.