§ 966. Comprehensive management plan. 1. The purpose of the plan is to make recommendations to integrate and coordinate existing programs and studies; mitigate pollution; balance preservation, recreation and economic development; protect appropriate existing investment; and protect the natural resources. The plan shall include but not be limited to the following, to the extent possible, considering financial resources and technological limitations:

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Terms Used In N.Y. Executive Law 966

  • Council: shall mean the Long Island South Shore Estuary reserve council created by section nine hundred sixty-four of this article. See N.Y. Executive Law 962
  • Department: shall mean the secretary of state or his or her designee. See N.Y. Executive Law 962
  • Dependent: A person dependent for support upon another.
  • Estuary: shall mean all or part of the mouth of a river or stream or any body of water having an unimpaired natural connection with the open sea and within which sea water is measurably diluted with fresh-water derived from land drainage, including associated aquatic ecosystems and those portions of tributaries draining into the estuary up to the historic height of migration of anadromous fish or the historic head of tidal influence, whichever is higher. See N.Y. Executive Law 962
  • 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.
  • Plan: shall mean the comprehensive management plan created pursuant to section nine hundred sixty-six of this article. See N.Y. Executive Law 962
  • Reserve: shall mean all the water and underwater lands comprising the South Shore Estuary and the lands which gather and transmit precipitation as either groundwater or run-off into such system and which are designated on a map prepared by a designated planning entity and adopted by the council. See N.Y. Executive Law 962
  • South Shore Estuary: shall mean the Estuary located on the South Shore of Long Island between the western boundary of the Town of Hempstead and the Eastern Boundary of Shinnecock Bay. See N.Y. Executive Law 962

(a) A statement of the public value of the reserve, including its ecological, economic, social, hydrologic and educational values, together with the general goals and objectives of the plan;

(b) A map and written description delineating the boundary of the reserve;

(c) An estimate of the economic value of the commercial and recreational industry and the tourism industry dependent upon the reserve;

(d) An inventory of all public lands and lands available for public use within the reserve specifying use, facilities and trails for public use, and the management agency with jurisdiction over the property;

(e) Identification of inventories compiled by the department pursuant to section nine hundred twenty of article forty-two of this chapter, including significant natural areas, historic sites, agricultural lands and water dependent areas;

(f) An identification and evaluation of existing regulatory and management programs, as well as all agencies having any jurisdiction within the reserve which affect land use and activities within the reserve;

(g) An evaluation of land use and zoning within the reserve and their actual or potential effects on water quality and productivity of the reserve;

(h) An inventory of point sources of pollution and an assessment of nonpoint sources of pollution, including suggested strategies for mitigation;

(i) An identification of areas containing contaminated sediments and sources that are contributing significantly to the decline of water quality and that need special attention;

(j) An assessment of trends in water quality within the reserve;

(k) An assessment of dredging and navigation needs in the South Shore Estuary taking into account environmental impact and public safety;

(l) Management recommendations for the preservation of plant, fish and wildlife and their habitats;

(m) Management recommendations for protection and management of dedicated public land;

(n) Management recommendations for protecting and supporting indigenous economic activities such as aquaculture, finfishing, shellfishing, boating and tourism;

(o) Recommendations for increased enforcement of laws and regulations pertaining to preservation and management of resources;

(p) Identification of environmentally sensitive land suitable for acquisition and dedication for public uses;

(q) Recommendations for institutional arrangements to coordinate and improve management of land and water resources, to maximize efficiency such as coordinating review pursuant to Article 8 of the environmental conservation law and article forty-two of this chapter, and to adopt uniform policies among agencies where appropriate;

(r) Recommendations for land use management as it relates to maintenance or enhancement of surface water quality and the resources within the reserve, including changes in zoning and restrictions on activities where appropriate within the reserve;

(s) Recommendations for best management practices for private and public landowners to minimize chemical pollution, sedimentation and erosion;

(t) Recommendations for management of commercial, recreational and tourism activities that may threaten sensitive habitats;

(u) Strategies to resolve conflicts among competing demands of the resources and to achieve a balance among economic and recreational activities and preservation of natural resources;

(v) An identification of policies, land use controls and management measures that should be incorporated into the state coastal management program and local waterfront revitalization programs adopted pursuant to article forty-two of this chapter; and

(w) A local participation plan, which describes how local citizens, officials and members of the tourism, fishing and marine industries will participate in the implementation of the management plan and which contains a statement identifying support for such program by the participating local governments.

2. Within one hundred eighty days after the appointments to the council have been made, the council shall adopt a statement of goals and objectives; adopt a map and boundaries of the South Shore Estuary Reserve for purposes of this article and develop a work plan which shall include a timetable to guide the progress of its compliance with this article. Within such time period, the council shall also hold two public scoping sessions, one in Nassau county and one in Suffolk county for the development of the plan.

The council shall hold at least two public hearings at different locations, one in Nassau county and one in Suffolk county within the reserve on the draft plan before adoption. The council shall adopt a final plan within four years of the effective date of this article unless insufficient funding is made available or obtained through appropriations, grants or gifts. The adopted plan shall be submitted to each town and village within the reserve, the county executive of the county of Nassau, the county executive of the county of Suffolk, and to the governor and the legislature.

3. The council shall continue to convene to fulfill its duties pursuant to subdivisions eleven, twelve, thirteen and fourteen of section nine hundred sixty-four-b of this article.