§ 57-0115. Comprehensive management plan.

Terms Used In N.Y. Environmental Conservation Law 57-0115

  • Council: shall mean the Long Island Pine Barrens maritime reserve council created by section 57-0111 of this title. See N.Y. Environmental Conservation Law 57-0107
  • Development: shall mean the performance of any building activity or mining operation, the making of any material change in the use or intensity of use of any structure or land and the creation or termination of rights of access or riparian rights. See N.Y. Environmental Conservation Law 57-0107
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Long Island Pine Barrens maritime reserve: shall mean the reserve created pursuant to section 57-0109 of this title. See N.Y. Environmental Conservation Law 57-0107
  • Plan: shall mean the comprehensive management plan created pursuant to section 57-0115 of this title. See N.Y. Environmental Conservation Law 57-0107
  • preserve: shall mean lands within the Long Island Pine Barrens Maritime reserve that are critical to the protection of the hydrologic and ecologic integrity of the region including land characterized by the growth of pitch pine, dwarf pine and/or scrub oak pine barrens which are dedicated for protection and beneficial public use pursuant to section 57-0117 of this title. See N.Y. Environmental Conservation Law 57-0107
  • 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, finfishing, shellfishing and tourism, which due to their pattern and configuration, and because of the need for sustained productivity 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. See N.Y. Environmental Conservation Law 57-0107

1. The council shall, after holding public hearings, prepare and adopt a comprehensive management plan for the Long Island Pine Barrens maritime reserve, which the state and local governments may adopt. 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 Long Island Pine Barrens maritime reserve;

c. a brief and general historical overview regarding the lands of the Long Island Pine Barrens maritime reserve;

d. an inventory of all public lands and lands available for public use within the Long Island Pine Barrens maritime 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 Long Island Pine Barrens maritime reserve;

f. management guidelines for protecting and supporting indigenous economic activities like agriculture, fishing, recreation and tourism;

g. a plan for protection and management for dedicated land in the Long Island Pine Barrens preserve including:

(1) A survey or inventory of the following, together with the establishment of management priorities therefor:

(i) natural plant and wildlife resources;

(ii) historic resources;

(iii) erosion control needs and stream protection;

(iv) trails, trail development and use; and

(v) other recreational uses.

(2) Recommendations for the enforcement of laws pertaining to public use activities, which can be implemented by rules and regulations for the administration and use of lands dedicated to the preserve.

(3) Recommendations for acquisition of open space suitable for dedication 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, agricultural and fishing 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 and the local governments within the Long Island Pine Barrens maritime reserve prior to adopting the plan. The council shall hold public hearings at different locations within the Long Island Pine Barrens maritime reserve. There shall be two public hearings on the draft plan and there shall also be a public hearing on the completed plan before the plan is submitted to the commissioner.