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This entry was published on 2014-09-22
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SECTION 15-2709
Administration of the system
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 15, TITLE 27
§ 15-2709. Administration of the system.

1. The wild, scenic and recreational rivers system shall be
administered in accordance with their respective jurisdictions by the
commissioner or the agency according to policies and criteria set forth
in this title upon establishment of the boundaries of each river area in
accordance with section 15-2711 of this chapter. The commissioner or
agency shall make and enforce regulations necessary for the management,
protection, and enhancement of and control of land use and development
in the wild, scenic and recreational river areas. No regulations shall
be promulgated unless a publicized public hearing is held in the
environmental conservation region encompassing the affected area by the
commissioner or agency. In such administration, primary emphasis shall
be given to protecting ecological, recreational, aesthetic, botanical,
scenic, geological, fish and wildlife, historical, cultural,
archeological and scientific features of the area. In connection with
such administration, the commissioner or the agency may provide for the
preparation and implementation of management plans for individual river
areas or significant portions thereof.

2. After inclusion of any river in the wild, scenic and recreational
rivers system, no dam or other structure or improvement impeding the
natural flow thereof shall be constructed on such river except as
expressly authorized in paragraphs b and c of this subdivision.
Notwithstanding anything herein contained to the contrary, existing land
uses within the respective classified river areas may continue, but may
not be altered or expanded except as permitted by the respective
classifications, unless the commissioner or agency orders the
discontinuance of such existing land use. In the event any land use is
so directed to be discontinued, adequate compensation therefor shall be
paid by the state of New York either by agreement with the real property
owner, or in accordance with condemnation proceedings thereon. The
following land uses shall be allowed or prohibited within the exterior
boundaries of designated river areas depending on the classification of
such areas:

a. In wild river areas, no new structures or improvements, no
development of any kind and no access by motor vehicles shall be
permitted other than forest management pursuant to forest management
standards duly promulgated by regulations.

b. In scenic river areas, the continuation of present agricultural
practices, the propagation of crops, forest management pursuant to
forest management standards duly promulgated by regulations, limited
dispersed or cluster residential developments and stream improvement
structures for fishery management purposes shall be permitted. There
shall be no mining, excavation, or construction of roads, except private
roads necessary for residential, agricultural or forest management
purposes, and with the further exception that public access through new
road construction may be allowed, provided that there is no other such
access within two land miles in either direction.

c. In recreational river areas, the lands may be developed for the
full range of agricultural uses, forest management pursuant to forest
management standards duly promulgated by regulations, stream improvement
structures for fishery management purposes, and may include small
communities as well as dispersed or cluster residential developments and
public recreational areas. In addition, these river areas may be readily
accessible by roads or railroads on one or both banks of the river, and
may also have several bridge crossing and numerous river access points.

3. In addition to the provisions of article 70 of this chapter and
rules and regulations adopted thereunder, the rules and regulations
adopted by the department pursuant to this title to implement its
processing of permit applications, modifications, suspensions and
revocations shall govern permit administration by the department under
this title.