N.Y. Comp. Codes R. & Regs. tit. 9 § 577.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 577.9 - Rivers system land management plans

(a) General rule. In a river area or portion thereof governed by a rivers system land management plan approved by the agency, the provisions of such plan shall apply to new land use activities in lieu of the provisions of this Part.

(b)Application for approval of land management plan. Any person or persons who own 500 or more acres of contiguous land within a river area, or a local government with respect to all of the acreage within its jurisdiction which falls within a river area, may propose a land management plan for agency approval. A land management plan proposed by a local government may be part of a local land use program.

(c) Contents of land management plans. A land management plan shall include:

(1) a detailed program of land management covering a period of not less than 10 years, which identifies land management objectives and means proposed for achieving them;

(2) regulatory elements;

(3) river area boundary amendment requests, if any;

(4) topographic and natural resource inventory information, including detailed maps;

(5) in the case of a land management plan proposed by private owners, legal assurance of performance of the affirmative obligations imposed upon them.

(d) Procedure for approval of land management plan.

(1) The agency may request reasonable additional information to enable it to evaluate the plan.

(2) The agency shall, except where a land management plan is submitted as part of a local land use program, hold a public hearing after not less than 10 days notice by publication at least twice in a newspaper of general circulation in such area, by conspicuous posting of the land involved, and by individual notice sent by mail to:

(i) the chief elected officer, chairman of the planning board, if any, and the clerk of each local government;

(ii) the chairman of the county planning agency, if any, and the clerk of each county where the land is located;

(iii) the chairman of the regional planning agency, if any, within whose jurisdiction the land is located; and

(iv) the Adirondack Park local government review board.

(3) Within 90 days after a determination by the agency that it has sufficient information to evaluate the plan, the agency shall approve, approve subject to conditions, or disapprove the plan.

(4) Notice of agency approval of any land management plan shall be given by publication at least once, in a newspaper of general circulation in the area, and by individual notice sent by mail to the persons specified in paragraph (2) of this subdivision. The agency shall retain a copy of the approved land management plan and a descriptive map on file for public inspection at agency headquarters and district offices. A list of approved land management plans is set forth in Appendix Q-7 of these regulations.

(e) Scope of agency authority in approving land management plans.

(1) The agency shall not approve a land management plan unless it finds that the plan is consistent with the purposes and policies of the Wild, Scenic and Recreational Rivers System Act and the Adirondack Park Agency Act and the applicable restrictions and standards of sections 577.6 and 577.8 of this Part.

(2) In approving a land management plan, the agency may vary or modify any of the provisions of this Part except those requirements specifically imposed by the Wild, Scenic and Recreational Rivers System Act.

(3) In approving a land management plan, the agency may impose any reasonable condition, limitation or requirement necessary to satisfy the criteria set forth in this section.

(4) Prior to approving any river area boundary amendments, the agency shall consult and reach agreement with the Commissioner of Environmental Conservation.

(f) Review provisions.

(1) The agency shall review every plan at least every five years to determine if it has been implemented according to its terms.

(2) If the agency shall conclude, either in connection with a review prescribed by paragraph (1) of this subdivision or otherwise, that a land management plan has not been implemented according to its terms, the agency may, after public hearing upon notice given as set forth in paragraph (d)(2) of this section, revoke its approval.

(3) Notice of revocation shall be given by publication at least twice in a newspaper having general circulation in the area wherein the land management plan had effect, and by individual notice sent by mail to the persons specified in paragraph (d)(2) of this section. On the date of such notice of revocation, the land management plan shall become null and void, any provisions of this Part varied or modified pursuant to the approval shall thereupon be in full force and effect, and land use and development and subdivision of land in the area formerly governed by the land management plan shall thereafter be governed by this Part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 577.9