Bill Text: NY A10119 | 2023-2024 | General Assembly | Amended
Bill Title: Creates the "Great Swamp protection act" for lands in Dutchess and Putnam counties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-06-04 - print number 10119a [A10119 Detail]
Download: New_York-2023-A10119-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 10119--A IN ASSEMBLY May 6, 2024 ___________ Introduced by M. of A. SLATER -- read once and referred to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to enacting the "Great Swamp protection act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The environmental conservation law is amended by adding a 2 new article 59 to read as follows: 3 ARTICLE 59 4 GREAT SWAMP PROTECTION ACT 5 Section 59-0101. Short title. 6 59-0103. Legislative declaration. 7 59-0105. Legislative findings and intent. 8 59-0107. Definitions. 9 59-0109. Great Swamp reserve commission. 10 59-0111. Duties of the commission. 11 59-0113. Great Swamp protection land use and management plan. 12 59-0115. Dedications to the Great Swamp preserve; legislative 13 protection. 14 59-0117. Limitations on regulation of hunting, fishing and 15 recreational activities; nonregulation of federal 16 conservation activities. 17 59-0119. Effect on other laws. 18 59-0121. Severability. 19 § 59-0101. Short title. 20 This article shall be known and may be cited as the "Great Swamp 21 protection act". 22 § 59-0103. Legislative declaration. 23 The legislature hereby declares it to be in the public interest to 24 protect and manage the Great Swamp, in the counties of Dutchess and 25 Putnam, by establishing the Great Swamp reserve. It is further in the 26 public interest to establish a commission made up of representatives of 27 state, county, and local governments to prepare a Great Swamp protection EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09985-09-4A. 10119--A 2 1 land use and management plan and make recommendations to preserve, 2 protect and enhance the natural, recreational, economic and educational 3 values of the region, which the state and local governments may adopt. 4 § 59-0105. Legislative findings and intent. 5 The legislature hereby finds that the counties of Dutchess and Putnam 6 contain a wetland ecosystem of statewide importance known as the Great 7 Swamp. 8 The legislature finds that within the Great Swamp the federal, state, 9 county and local governments own and manage significant properties in 10 the form of parks, preserves, historic sites and protected open space, 11 where there is an interdependent and reciprocal relationship between 12 human activities and natural processes, and where fishing, agriculture 13 and tourism have been the dominant industries for more than three 14 hundred fifty years. 15 The legislature finds that the Great Swamp, an area encompassing over 16 six thousand acres in the counties of Dutchess and Putnam, is of crit- 17 ical importance to the state because it is a wetland comprised of two 18 critical watersheds. The Great Swamp is interconnected by the Swamp 19 River and the East Branch Croton River, and the ecologic and hydrologic 20 integrity of this system must be protected. 21 The legislature also finds that the Great Swamp contains one of the 22 greatest concentrations and diversities of endangered, threatened and 23 special concern species of plants and animals to be found in the state, 24 and that protection of their habitats is in the best interest of the 25 people of New York. The legislature further finds that the Great Swamp 26 contains many other unique natural, agricultural, historical, cultural 27 and recreational resources that are mutually supportive and ultimately 28 dependent upon maintenance of the hydrologic and ecologic integrity of 29 this region. 30 Therefore, the legislature finds that the purpose of this article is 31 to authorize and direct the state and local governments to protect, 32 preserve and properly manage the unique natural resources of the Great 33 Swamp and to encourage coordination of existing programs and studies 34 affecting land and water resources in the region and to protect the 35 value of the existing public and private investment that has already 36 been made to acquire land in the region. 37 The legislature further finds that a portion of the system known as 38 the Great Swamp area requires the preparation and implementation of a 39 state supported Great Swap protection land use and management plan that 40 will assist in the preservation of the core preservation area, 41 protection of the Great Swamp area and for the designation of compatible 42 growth areas to accommodate appropriate patterns of regional growth with 43 recognition of the rights of private land owners and the purpose of 44 preservation of the core area. 45 § 59-0107. Definitions. 46 As used in this article, the following terms shall mean and include: 47 1. "Commission" shall mean the Great Swamp reserve commission created 48 by section 59-0109 of this article. 49 2. "Great Swamp preserve" or "preserve" shall mean lands within the 50 Great Swamp reserve that are critical to the protection of the hydrolog- 51 ic and ecologic integrity of the region including land characterized by 52 a group of threatened species which are dedicated for protection and 53 beneficial public use pursuant to section 59-0115 of this article. Lands 54 which are not deemed critical may be dedicated pursuant to section 55 59-0115 of this article as a protective or buffer zone for other dedi- 56 cated lands, or to otherwise support the management of the preserve.A. 10119--A 3 1 3. "Plan" shall mean the Great Swamp protection land use and manage- 2 ment plan created pursuant to section 59-0113 of this article. 3 4. "Reserve" shall mean a region in which there is a combination of 4 publicly and privately owned lands and land uses, within a defined area 5 where there are traditional cultural patterns including agriculture, 6 tourism and general commercial and residential uses which due to their 7 pattern and configuration, and because of the need for sustained produc- 8 tivity could best be protected and managed through the development of a 9 Great Swamp protection management plan around a preserve of protected, 10 publicly owned lands and/or privately owned land dedicated for such 11 purposes. 12 5. "Agriculture" or "horticulture" shall mean any production of plants 13 or animals useful to man, including but not limited to: forage or sod 14 crops; grains and feed crops; dairy animals and dairy products; poultry 15 and poultry products; livestock, including beef cattle, sheep, swine, 16 horses, ponies, mules or goats, and including the breeding and grazing 17 of any or all of such animals; bees and apiary products; fur animals; 18 trees and forest products; fruits of all kinds including wineries; vege- 19 tables; nursery, floral, ornamental and greenhouse products and farm- 20 stands for selling products raised or produced on site and other associ- 21 ated structures required for their production. 22 § 59-0109. Great Swamp reserve commission. 23 1. The Great Swamp reserve commission shall be established within the 24 department to help local governments and the state coordinate the 25 efforts of all municipal, county, state and federal agencies involved in 26 the management of the preserve and to oversee the Great Swamp protection 27 land use and management plan for the Great Swamp reserve that state and 28 local governments may adopt. 29 2. The commission shall be composed of thirteen voting members. The 30 governor shall appoint two members. The county executive of the county 31 of Putnam, with the advice and consent of the county legislature, shall 32 appoint two members and the county executive of the county of Dutchess 33 with the advice and consent of the county legislature shall appoint two 34 members. All aforementioned appointed members shall have demonstrated 35 expertise in at least one of the fields of biology, ecology, and water 36 quality science. Expertise in such fields shall be evidenced by, but not 37 limited to, participation in academic conferences, participation in 38 scientific research, lecturing, or receipt of awards in these fields. 39 Preference shall be given to members of Friends of the Great Swamp, 40 Putnam County Land Trust, the Nature Conservancy, and Dutchess Land 41 Conservancy. The town supervisors of the towns of Dover, Pawling, 42 Patterson and Southeast or such town supervisors' designees shall serve 43 as members. The commissioner or their designee, the secretary of state 44 or their designee, and the commissioner of economic development or their 45 designee for purposes of tourism shall serve as ex-officio members. All 46 members, except ex-officio members shall be residents of the counties of 47 Dutchess and Putnam and shall have demonstrated expertise in the func- 48 tional areas to be addressed by the commission. All initial appointments 49 shall be made within sixty days of the effective date of this article. 50 The chief executive officer of any other state agency may be called to 51 serve as an ex-officio member if deemed necessary by the department. 52 3. Members of the commission shall serve for a term of two years or 53 thereafter until a successor is appointed. A chairperson shall be desig- 54 nated by the governor. The commission shall elect a vice-chairperson and 55 such other officers as it may determine are necessary for the conduct of 56 its duties.A. 10119--A 4 1 4. Ten members of the commission shall constitute a quorum. An affir- 2 mative vote of seven or more members shall be required to pass a resol- 3 ution or otherwise exercise any functions or powers of the commission. 4 5. The members of the commission shall serve without compensation. 5 6. Every local or regional agency with activities relating to the 6 Great Swamp area may offer assistance to the commission in carrying out 7 the provisions of this article. 8 § 59-0111. Duties of the commission. 9 The commission shall have the following powers and duties: 10 1. to enforce and ensure implementation of the Great Swamp protection 11 land use and management plan; 12 2. to conduct scientific and environmental studies; 13 3. to make and execute contracts and all other instruments necessary 14 or convenient for the exercise of its powers and functions under this 15 article; 16 4. to establish and maintain such facilities as may be necessary for 17 the transacting of its business; 18 5. to appoint an executive officer, officers, agents, employees, and 19 prescribe their duties and qualifications and fix their compensation; 20 6. if any appointed member position becomes vacant, another member 21 shall be appointed to fill the unexpired term within ninety days of the 22 date of the vacancy; 23 7. to review and approve proposed dedications of lands to the Great 24 Swamp preserve and recommend additional dedications to such preserve; 25 8. to utilize to the fullest extent practicable, the staff and facili- 26 ties of state agencies, subject to the approval of the director of the 27 budget, and local agencies to carry out the provisions of this article; 28 9. to hold public hearings in the exercise of its powers, functions, 29 and duties provided for by this article; 30 10. to contract within amounts appropriated for or otherwise available 31 for professional and technical assistance or advice; 32 11. to meet no less than quarterly beginning thirty days after the 33 enactment of this section, following public notice by the counties of 34 Dutchess and Putnam, and to encourage the attendance at such meetings of 35 representatives of local governments and interested parties affected by 36 the deliberations of the commission. After the adoption of the Great 37 Swamp protection and land use plan, the commission shall meet no less 38 than twice annually; 39 12. to send copies of the minutes of each meeting to each town and 40 village within the Great Swamp reserve, the members of the assembly and 41 senators representing such area and any other interested party upon 42 request; 43 13. to establish and maintain an education and outreach program, and 44 including but not limited to maintaining a public website relating to 45 the commission's work; 46 14. to encourage individuals, corporations, associations and public 47 entities to protect and preserve the unique resources of the reserve 48 including the preserve; 49 15. to contract for and to accept assistance, including but not limit- 50 ed to gifts, easements or loans of funds or real property or personal 51 property from the federal government or any agency or instrumentality 52 thereof, or from any agency or instrumentality of the state, or from any 53 other public or private source and to comply, subject to the provisions 54 of this article, with the terms and conditions thereof, subject to the 55 approval of the division of the budget. Notwithstanding the provisions 56 of section eleven of the state finance law, the commission may acceptA. 10119--A 5 1 gifts, grants, devises and bequests, whether conditional or uncondi- 2 tional, with the approval of the director of the budget; 3 16. to sue and be sued; 4 17. to assist local, county, and state government in prioritization 5 and negotiation with private landowners whose property is affected by 6 the land use plan, to evaluate the impact of any restrictions and devel- 7 op a package of benefits; 8 18. to adopt, amend and repeal, after public hearing, except in the 9 case of rules and regulations that relate to the organization or inter- 10 nal management of the commission, such rules and regulations, consistent 11 with this article, as it deems necessary to administer this article and 12 exercise powers granted by law; 13 19. to provide scientific and technical assistance or to make grants 14 to municipalities, towns, and counties for revisions of local plans, or 15 the relevant ordinances designed to bring such plans into conformance 16 with the Great Swamp protection land use and management plan. The 17 commission may make such grants from any funds which may be appropriated 18 or otherwise made available to it for such purpose; 19 20. to convene conferences, seminars, meetings, and technical sessions 20 on its own or in coordination with federal, state, county, town, or 21 private organizations as deemed necessary relative to its responsibil- 22 ities; 23 21. to report periodically to the governor and the legislature on the 24 conduct of its activities not less than once a year, furnishing a copy 25 of each such report to the legislative bodies of Dutchess and Putnam 26 counties and the towns and villages in whole or in part within the Great 27 Swamp area; and 28 22. to have and exercise such other incidental and usual powers as are 29 necessary and appropriate to carry out its duties. 30 § 59-0113. Great Swamp protection land use and management plan. 31 1. The department shall, after holding public hearings, prepare and 32 adopt a Great Swamp protection land use and management plan for the 33 Great Swamp reserve, which the state and local governments may adopt. 34 Such plan shall be drafted in consultation with appropriate officials of 35 any regional, state, or federal agency which has jurisdiction over lands 36 and waters within the Great Swamp area, and any additional interested 37 professional, scientific, and citizens' organizations. Such plan shall 38 include, but not be limited to: 39 (a) a statement of the public values of the area, including their 40 educational, ecological and hydrological values, together with the 41 general goals and policies which will best protect and enhance such 42 values; 43 (b) a map of the area, delineating the boundaries of the Great Swamp 44 reserve; 45 (c) a brief and general historical overview regarding the lands of the 46 Great Swamp reserve; 47 (d) an inventory of all public lands and lands available for public 48 use within the Great Swamp reserve specifying use, facilities for public 49 use, and the management agency with jurisdiction over the property; 50 (e) management guidelines for the preservation, recreational and 51 educational use of resources of the Great Swamp reserve; 52 (f) management guidelines for protecting and supporting indigenous 53 economic activities like agriculture, recreation and tourism; 54 (g) a plan for protection and management for dedicated land in the 55 Great Swamp preserve including:A. 10119--A 6 1 (1) A survey or inventory of the following, together with the estab- 2 lishment of management priorities therefor: 3 (i) natural plant and wildlife resources; 4 (ii) historic resources; 5 (iii) erosion control needs, stream and wetlands protection; 6 (iv) trails, trail development and use; and 7 (v) other recreational uses. 8 (2) Recommendations for incentives pertaining to public use activ- 9 ities, which can be implemented by rules and regulations for the admin- 10 istration and use of lands dedicated to the preserve. 11 (3) Recommendations for acquisition of open space suitable for dedi- 12 cation in the preserve. 13 (4) Recommendations for institutional arrangements to coordinate 14 management of dedicated land held by separate owners; 15 (h) a local participation plan, which describes how local citizens, 16 officials and members of the tourism and agricultural industries will 17 participate in the planning and implementation of the management program 18 and which contains a statement identifying support for such program by 19 the participating local governments; and 20 (i) a financial statement estimating the necessary costs and potential 21 funding sources to carry out recommendations in the study over a five- 22 year period and the benefits therefrom. 23 2. A draft plan shall be prepared and made available to the public 24 digitally and upon request and the local governments within the Great 25 Swamp reserve within twelve months of the effective date of this section 26 and prior to adopting the plan, the department shall hold public meet- 27 ings in the towns of Dover, Pawling, Patterson, and Southeast and at 28 least one meeting within the Great Swamp reserve. Within two months of 29 the department recommending the plan to the respective town boards, the 30 town boards shall perform a comprehensive review of the plan and shall 31 provide final comments to the department. The department at its 32 discretion may modify the plan as requested by the town representatives. 33 After modifying the plan as necessary, the department shall prepare a 34 draft supplemental generic environmental impact statement and a final 35 generic environmental impact statement, and the towns and department 36 shall adopt the necessary statement of findings pursuant to article 8 of 37 this chapter. Ratification and adoption of the plan by the town boards 38 of Dover, Pawling, Patterson, and Southeast shall represent commitment 39 to implementation of the provisions contained therein. Upon ratification 40 and adoption by such four towns, the department itself will formally 41 adopt the plan and its provisions shall be in full force. 42 3. Not less than once every five years after the land use plan has 43 become effective, the commission, in consultation with the department, 44 shall review and, if appropriate, make amendments to the land use plan 45 and update the generic impact statement. Within each such period, the 46 commission shall hold a public hearing and shall receive comments on the 47 effectiveness of implementation of the plan. Not less than thirty days 48 before voting on an amendment to the land use plan, the commission shall 49 publish notice thereof in a newspaper of general circulation in the 50 Great Swamp area. 51 § 59-0115. Dedications to the Great Swamp preserve; legislative 52 protection. 53 1. The commissioner shall maintain a record of the boundaries of the 54 lands which have been dedicated to the Great Swamp preserve in text and 55 depicted on a map.A. 10119--A 7 1 2. Land owned by the state within the Great Swamp reserve may be dedi- 2 cated to be part of the Great Swamp preserve by the action of the 3 commissioner or the commissioner of parks, recreation and historic pres- 4 ervation, or by action of the legislature. 5 3. Land owned by a local government within the Great Swamp reserve may 6 be dedicated to the Great Swamp preserve by the action of its local 7 legislative body. 8 4. Land owned by private individuals within the Great Swamp reserve 9 may be dedicated to be part of the Great Swamp preserve by the execution 10 of a conservation easement. 11 5. Land in the core preservation area which come in the public domain 12 shall be deemed to be dedicated to the Great Swamp preserve. 13 6. Except for the core preservation area which shall be deemed to be 14 dedicated to the preserve, the commission shall review and must approve 15 each dedication of land to the preserve. 16 7. No publicly owned real property, dedicated to the Great Swamp 17 preserve, shall be alienated except by law enacted by two successive 18 regular sessions of the legislature, but easements for public water 19 supply purposes may be maintained consistent with local ordinances. 20 8. The commission shall have no authority to manage any private land 21 unless such land has been voluntarily dedicated pursuant to this article 22 or the owner has executed a voluntary written agreement with the commis- 23 sion authorizing the specific management actions taken. 24 9. Nothing contained in this article shall affect any previous dedi- 25 cation of state land to the State Nature and Historic preserve. Any 26 state land dedicated to the Great Swamp preserve may also be dedicated 27 to the State Nature and Historic preserve. 28 § 59-0117. Limitations on regulation of hunting, fishing and recreation- 29 al activities; nonregulation of federal conservation activ- 30 ities. 31 Nothing in this article shall be interpreted to authorize the regu- 32 lation of hunting, fishing, trapping, possession of wildlife or other 33 recreational activities in the Great Swamp reserve, except as otherwise 34 provided by law. This article shall not apply to any action undertaken 35 by any federal agency or federal department in fulfillment of its obli- 36 gations or duties pursuant to any federal law, federal regulation, 37 federal agency policy, or federal management activity relating to wild- 38 life, game or nongame species management, habitat protection, or migra- 39 tory species protection. 40 § 59-0119. Effect on other laws. 41 Except as otherwise provided in the provisions of this article, this 42 article shall not affect: 43 1. the police powers, local planning powers, zoning powers or authori- 44 ty to regulate land uses by villages and towns within the Great Swamp 45 reserve; or 46 2. the police power of the state to regulate any activity carried out 47 upon any lands, in the Great Swamp reserve; or 48 3. the authority of any state or public agency in the management of 49 any state or public lands in the Great Swamp reserve. 50 § 59-0121. Severability. 51 The provisions of this article shall be severable and if any portion 52 thereof or the applicability thereof to any person or circumstances 53 shall be held invalid, the remainder of this article and the application 54 thereof shall not be affected thereby. 55 § 2. This act shall take effect immediately.
