2010 New York Code
CAL - Canal
Article 13-A - (138-A - 138-C) CANAL RECREATIONWAY COMMISSION
138-C - Canal recreationway plan.

§  138-c.  Canal  recreationway  plan.  1.  The  commission  shall, in
  accordance with the provisions of section one hundred thirty-eight-b  of
  this  article,  formulate  a  statewide canal recreationway plan for the
  canal system that is based  upon  the  inventory  prepared  pursuant  to
  subdivision  twenty-three  of  section  ten  of this chapter and that is
  consistent with the land  use  concepts  contained  in  the  state  land
  acquisition   plan   prepared   pursuant   to  section  49-0207  of  the
  environmental  conservation  law  and  in  the  statewide  comprehensive
  outdoor  recreation plan prepared pursuant to section 3.15 of the parks,
  recreation and historic preservation law. The plan  shall  include,  but
  not be limited to:
    a.  criteria  for  uses  of the canal system which will effectuate the
  goal and objective of developing the canal into a recreationway system;
    b. provisions for fostering a canal system characterized  by  clusters
  of development connected by stretches of undeveloped open space in areas
  between  cities,  villages  and  hamlets  which will be conducive to the
  preservation of waterfowl, fish and wildlife habitats;
    c.  provisions  for  the  consideration  of  environmental  resources,
  including  lands  which  possess  significance  for wildlife management,
  recreation or  natural  resource  protection  purposes  and  significant
  freshwater wetlands;
    d.  provisions  which  protect  the  public interest in such lands and
  waters for purposes of commerce, navigation, fishing, hunting,  bathing,
  recreation  and  access  to  the  lands  and  waters  of  the state, and
  otherwise encourage increased public access to  the  canal  through  the
  establishment  of  parks,  scenic by ways and recreational trails on the
  canal system. Such provisions shall ensure the public safety;
    e. provisions to protect agricultural uses of canal land and waters;
    f. provisions for appropriate development of businesses in appropriate
  locations which will support outdoor recreation activities;
    g. provisions which give guidance to the  authority  with  respect  to
  managing water levels in reservoirs to provide water to the canal system
  and retain water for recreational purposes;
    h.  provisions  to  protect commercial shipping interests on the canal
  system; and
    i. provisions for the consideration of historic buildings,  sites  and
  districts.
    2.  The  plan  shall  establish  goals  and objectives with respect to
  implementation, with provision for amendment  of  the  plan  to  reflect
  changing conditions.
    3.  a.  The  corporation  shall  act  upon  the  plan submitted by the
  commission within four months after its  submission  and  shall  approve
  such plan unless it finds that the plan, or any part thereof: (i) is not
  financially or operationally feasible; (ii) would violate any federal or
  state   law,   rule   or  regulation;  (iii)  violates  agreements  with
  noteholders or  bondholders  of  the  authority;  (iv)  interferes  with
  existing  contracts;  or  (v)  is  inconsistent with the findings of the
  generic environmental impact statement undertaken  pursuant  to  section
  three hundred eighty-two of the public authorities law.
    b.  In  the  event  that the corporation finds that the plan cannot be
  approved in its entirety, it may approve such portions of the plan as it
  deems appropriate, and shall recommend changes to the remaining portions
  of the plan to the commission. The  commission  shall  then  have  three
  months  in  which to consider the recommendations of the corporation and
  submit a revised plan or portions thereof to the corporation.
    c. Upon the approval of the plan or a portion of the plan as  provided
  in this section, the corporation shall deliver within ten days a copy of
  the plan or portion of the plan to the governor, the temporary president

of  the  senate  and the speaker of the assembly, with a dated notice of
  such approval.