Section 349-CC. New York state scenic byways advisory board  


Latest version.
  • 1. An advisory
      board of state agencies with responsibilities related to the designation
      and management of scenic byways and not-for-profit organizations related
      to the promotion and development of scenic byways is  hereby  formed  to
      advise  and  assist the department in the operation of its scenic byways
      program. The advisory board shall consist of one member appointed by the
      temporary president of the senate, one member appointed by  the  speaker
      of  the  assembly,  the secretary of state, and the commissioners of the
      department of  agriculture  and  markets,  the  department  of  economic
      development,  and  the department of environmental conservation, and the
      office of parks, recreation and  historic  preservation  or  their  duly
      designated representatives. The commissioner shall appoint as members of
      the  advisory  board  the  chief  executive  officer, or his or her duly
      authorized representative, of not-for-profit  organizations  related  to
      the  promotion  and development of a scenic byway designated pursuant to
      this article, three representatives of organizations concerned with  the
      preservation  of  scenic  qualities,  the  motoring  public  and tourism
      development and members or  representatives  of  the  upstate  New  York
      tourism  council  and  of  the  downstate  New York tourism council. The
      commissioner, or his or her duly designated representative, shall  serve
      as  chair. Members of the advisory board shall receive no pay, but shall
      be  eligible  to  receive  actual  and  necessary  expenses  from  their
      respective   agencies,   or  for  the  expenses  of  representatives  of
      organizations related to the  promotion  and  development  of  a  scenic
      byway,  the  preservation  of  scenic qualities, the motoring public and
      tourism development, from  the  department.  The  advisory  board  shall
      consult  with  the Adirondack Park Agency regarding scenic byways within
      the Adirondack Park. The advisory board  shall  also  consult  with  the
      Hudson  River  Valley Communities Council regarding scenic byways within
      the Hudson River Valley Greenway as defined in article forty-four of the
      environmental conservation law. The advisory board  shall  consult  with
      the Niagara River Greenway Commission regarding scenic byways within the
      Niagara  River  Greenway as defined in article thirty-nine of the parks,
      recreation and historic  preservation  law.  The  advisory  board  shall
      consult  with  the  upstate  New  York  tourism council regarding scenic
      byways in the upstate New York region, and with the downstate  New  York
      tourism  council  regarding  scenic  byways  in  the  downstate New York
      region.
        2. The New York state scenic byways  advisory  board  shall  have  the
      following duties:
        (a)  To  develop  and  make recommendations to the commissioner on the
      organization  and  operation  of   a   scenic   byways   program.   Such
      recommendations shall include recommendations on the following:
        (i)  consideration  of  the scenic beauty and historic significance of
      highways proposed  for  designation  as  scenic  byways  and  the  areas
      surrounding such highways;
        (ii)  operation  and  management  standards for highways designated as
      scenic byways, including strategies for  maintaining  or  improving  the
      qualities  for  which  a  highway  is  designated as a scenic byway, for
      protecting and enhancing the landscape and  view  corridors  surrounding
      such a highway, and for minimizing traffic congestion on such a highway;
        (iii)  standards for scenic byway related signs, including those which
      identify highways as scenic byways;
        (iv) standards for maintaining highway  safety  on  the  scenic  byway
      system;
        (v) measures to safely accommodate the largest variety of scenic byway
      users  including,  but not limited to, persons travelling by automobile,
    
      recreation vehicle, motor coach, bicycle, snowmobile, watercraft,  horse
      and by foot;
        (vi)  design  review  procedures  for  location of highway facilities,
      landscaping, and travellers facilities on the scenic byway system;
        (vii) procedures for reviewing and terminating the  designation  of  a
      highway designated as a scenic byway;
        (viii)  such other matters as may be necessary or desirable to further
      the purposes of this program.
        (b) To evaluate and recommend to the commissioner and the  legislature
      amendments  of  the statutes and regulations relevant to the furtherance
      of a cohesive system of scenic byways.
        3. The advisory board shall report to the governor and the legislature
      within one year of the effective date of this article,  and  by  January
      first each year thereafter on the implementation of this program. In the
      first  report  required  by  this  subdivision, the advisory board shall
      provide  a  scenic  byways  program  implementation   plan   identifying
      essential  components  for  the New York state scenic byways system, and
      recommending actions  by  the  legislature  that  may  be  necessary  to
      implement  a  cohesive  and  coordinated scenic byways program that will
      serve  the  goals  of  preserving  and  protecting   scenic,   historic,
      recreational,    cultural   and   archeological   resources,   enhancing
      recreation, economic development through tourism and  education  in  the
      history and culture of New York state.