N.Y. Environmental Conservation Law 57-0109 – Establishment of Long Island Pine Barrens maritime reserve; core preservation area and compatible growth area
§ 57-0109. Establishment of Long Island Pine Barrens maritime reserve;
Terms Used In N.Y. Environmental Conservation Law 57-0109
- Central Pine Barrens area: shall mean the contiguous area as described and bounded as follows:
Beginning at a point where the southerly side of Route 25A intersects the easterly side of Miller Place Road; thence southward along the easterly boundary of Miller Place Road to Helme Avenue; thence southward along the easterly boundary of Helme Avenue to Miller Place-Middle Island Road; thence southward along the easterly boundary of Miller Place-Middle Island Road to Whiskey Road; thence westward along the southerly boundary of Whiskey Road to Mount Sinai-Coram Road; thence southward along the easterly boundary of Mount Sinai-Coram Road to Middle Country Road (Route 25); thence westward along the southerly boundary of Route 25 to Patchogue-Mount Sinai Road (County Route 83); thence southward along the easterly boundary of County Route 83 to Bicycle Path Drive; thence southeastward along the easterly side of Bicycle Path Drive to Mt. See N.Y. Environmental Conservation Law 57-0107 - Commission: shall mean the Central Pine Barrens Joint Planning and Policy Commission established pursuant to section 57-0119 of this title. See N.Y. Environmental Conservation Law 57-0107
- Compatible growth area: shall mean the compatible growth area which comprises that area within the central pine barrens, but outside the core preservation area as defined. See N.Y. Environmental Conservation Law 57-0107
- Core preservation area: shall mean the core preservation area of the Central Pine Barrens area which comprise the largest intact areas of undeveloped pine barrens as described and bounded as follows:
Beginning at a point where the northwestern corner of the New York State Rocky Point Natural Resource Management Area (the "NYS Rocky Point Land") intersects the southerly side of NYS Route 25A; thence generally southward and eastward along the generally westerly and southerly boundaries of the NYS Rocky Point Land (including the Currans Road Pond State Wildlife Management Area, all adjacent or contiguous undeveloped Town of Brookhaven parks, preserves, open space areas, or reserved areas, and the crossings of the undeveloped Suffolk County property known as the Port Jefferson - Westhampton road right of way, Whiskey Road, County Route 21, and Currans Road), and including those properties identified as District 200, Section 346, Block 1, Lots 3 and 4, to the point where the NYS Rocky Point Land meets the northerly side of NYS Route 25 (Middle Country Road); thence eastward along the northerly boundary of NYS Route 25 to the southeastern corner of that property west of Woodlots Road which is identified as District 200, Section 349, Block 2, Lot 1. 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
- Peconic Bay system: shall mean the series of interconnected bodies of surface waters, including Flanders Bay, Great Peconic Bay, Little Peconic Bay, Noyack Bay, Shelter Island Sound, Southold Bay, Northwest Harbor, Orient Harbor, Gardiners Bay, Napeague Bay, Fort Pond Bay, the western portion of Block Island Sound, other semi-enclosed bays and harbors contiguous thereto, and all of the tidal creeks and freshwater streams that discharge into these interconnected basins. 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
core preservation area and compatible growth area.
1. The region encompassing and distinguished by the Peconic Bay system, lands which gather and transmit precipitation as either groundwater or runoff into the Peconic Bay system, lands characterized by the growth of pitch pine, dwarf pine and/or scrub oak pine barrens including lands currently under the review and jurisdiction of the Suffolk county Pine Barrens review commission and lands used in traditional patterns for agriculture, finfishing, shellfishing and tourism and made up of all lands and waters located in the towns of Riverhead, Southold, Shelter Island, Southampton and East Hampton and the portion of the town of Brookhaven east of a north south line defined by extending County Road 83 to the northern most and southern most extension to their respective water boundaries of Brookhaven town and the town's incorporated villages is hereby established and designated to be the Long Island Pine Barrens Maritime reserve.
2. Within the reserve and within forty-five days of the effective date of this subdivision, the commission shall file with the secretary of state the maps of the Central Pine Barrens area classifying and depicting the core preservation area as defined, which comprises the largest essentially intact areas of undeveloped pine barrens ecology, and the compatible growth area where appropriate patterns of development and regional growth shall be permitted and shall file a certified copy thereof with the county clerk of Suffolk county and the clerk of each town or village whose boundaries are included within the Central Pine Barrens area. Notice of the filing and availability of such map shall be published at least twice in the paper of general circulation in the county of Suffolk. An affected property owner may petition the commission for precise delineation or adjustment of boundary as it applies to the affected property. The commission shall have discretionary powers to modify the boundaries of the core preservation area by up to three hundred feet as circumstances warrant after notification to the affected property owner or owners, except no boundary defined by a state or county highway or navigable waterway shall be modified to extend beyond such highway or waterway.