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This entry was published on 2014-09-22
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Creation of conservation advisory council
General Municipal (GMU) CHAPTER 24, ARTICLE 12-F
§ 239-x. Creation of conservation advisory council. 1. The local
legislative body of any city, town or village may create a conservation
advisory council, hereafter called the council, to advise in the
development, management and protection of its natural resources. Such
council shall direct itself toward accomplishing the following:

(a) Conduct researches into the land area of the municipality for
which it was created;

(b) Seek to coordinate the activities of unofficial bodies organized
for similar purposes and to cooperate with other official municipal
bodies active in the area of community planning for the particular

(c) It may advertise, prepare, print and distribute books, maps,
charts, plans and pamphlets which in its judgment it deems necessary for
its work;

(d) It shall keep an inventory and map as defined in section two
hundred thirty-nine-y of this article, of all open areas within the
municipality with the plan of obtaining information pertinent to proper
utilization of such open lands including lands owned by the state, any
other municipality within the state or by the particular municipality

(e) It shall keep an inventory and map of all open marsh lands, swamps
and all other wet lands in a like manner, and may recommend to the
governing body of the municipality a program for ecologically suitable
utilization of all such areas;

(f) It shall keep accurate records of its meetings and actions and
shall file an annual report with the local legislative body of the
municipality on or before the thirty-first day of December of each and
every year. Once approved, such legislative body shall forward a copy of
this report to the state commissioner of environmental conservation;

(g) In addition to the foregoing, carry out any other duties, tasks,
or responsibilities, consistent with the objectives of this article,
assigned to it by resolution of the local legislative body creating the
said council.

2. When authorized by resolution of the local legislative body, a
council may accept by gift, grant, bequest, or otherwise, money or other
personal property in the name of the municipality, for use in
furtherance of the provisions of this act. A local legislative body may
accept by gift, conditional or unconditional, grant, devise or
otherwise, real property in fee, or any lesser interest, including
conveyance with limitations or reversions, for the purposes of this act.

In addition, upon the written recommendation of the council the local
legislative body may acquire by purchase in fee or any lesser interest,
through negotiation or by condemnation, such real or personal property
as may be needed to fulfill the purpose of this act.

3. Such council shall consist of not less than three nor more than
nine members who shall be appointed by the local legislative body and
serve at the pleasure of such body for a term not exceeding two years.
Such local legislative body may, notwithstanding any inconsistent
provision of law, appoint up to two members to the council who are
between the ages of sixteen and twenty-one.

4. The presiding officer or chairman of the council shall be
designated by the local legislative body from among the members so
appointed to the council. The local legislative body shall have
authority to remove any member of said council so appointed for cause,
after a public hearing, if requested. A vacancy shall be filled for the
unexpired term in the same manner as an original appointment.

The local legislative body may provide for compensation to be paid to
the members of the council and may provide for the payment of the
expenses of the members of the council actually and necessarily incurred
in the performance of their duties. Such council may appoint such
employees as it may from time to time see fit, all within appropriation
made therefore.

5. In the case where the local legislative body is a town board, such
salaries, charges and expenses so permitted by an appropriation of the
town board for such council shall be a charge upon the taxable property
of that part of the town outside of incorporated villages and shall be
assessed, levied and collected therefrom in the same manner as other
town charges.

6. To assist a council in carrying out its functions, powers and
duties, it may request the department of environmental conservation to:

(a) prepare reports outlining objectives, priorities and proposed
relationships of the council to the local legislative body;

(b) prepare description of work to be undertaken, advantageous
techniques to be used and suggested roles of council members;

(c) provide research on conservation facts and procedures;

(d) provide, on a consulting basis, technical and research assistance
as may be required to assist the council in carrying out its work and to
enable the council to offer recommendations to the local legislative

(e) describe particular areas of natural resources within the city,
town or village, as the case may be, which require particular attention
by the council.

7. Within thirty days following the establishment of a council,
written notification thereof shall be sent by the local legislative body
to the state commissioner of environmental conservation.

8. Any conservation advisory council heretofore created pursuant to
the provisions of section sixty-four-b of the town law is hereby
continued with the same powers and duties as when originally created.