Legislation
SECTION 55-0113
Special groundwater protection areas; Long Island designation
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 55
§ 55-0113. Special groundwater protection areas; Long Island
designation.
1. Nine areas shall be designated for the purposes of this article as
special groundwater protection areas. They are identified as follows:
(a) the North Hills area of the town of North Hempstead, Nassau
county;
(b) the area of the Northeastern villages of the town of Oyster Bay,
Nassau county;
(c) the Woodbury road-West Pulaski road area, town of Huntington,
Suffolk county;
(d) the West Hills area of the town of Huntington, Suffolk county;
(e) the Oak Brush Plains of the towns of Babylon and Huntington,
Suffolk county;
(f) the Setauket Pine Barrens, town of Brookhaven, Suffolk county;
(g) the Central Pine Barrens of the towns of Brookhaven, Riverhead and
Southampton, Suffolk county;
(h) the South Fork Morainal Forest of the towns of Southampton and
East Hampton, Suffolk county; and
(i) the Hither Hills area of the town of East Hampton, Suffolk county.
2. Such areas identified for Long Island in this section shall be
addressed concurrently as a single planning project in order to insure
consistency and uniformity in the development of a management plan that
recognizes the regional importance of the special groundwater protection
areas.
3. The preliminary boundaries of the special groundwater protection
areas designated in subdivision one of this section shall be those
identified in the state groundwater management plan except for said
areas designated in paragraphs (a) and (b) of subdivision one of this
section which shall be the same as those areas adopted by the Nassau
County Board of Health pursuant to article ten of the Nassau County
Public Health Ordinance on December twelfth, nineteen hundred
eighty-four. Final boundaries shall be determined on the basis of
information developed in accordance with the requirements of section
55-0115 of this article.
4. Other areas not identified in this section can be petitioned for
according to the guidelines set forth in section 55-0109 of this
article.
5. The Long Island regional planning board is designated as the
planning entity for the nine special groundwater protection areas herein
identified on Long Island, and is authorized to carry out the planning
work specified in this article.
6. An advisory group to be known as the "special groundwater
protection area advisory council" shall be established. The voting
membership shall consist of representatives of the following
organizations: one member from the Nassau county department of health;
one member from the Nassau county department of public works; one member
from the Nassau county planning commission; two members from the Suffolk
county department of health services; one member from the New York state
department of environmental conservation; one member from the New York
state department of health; two members from the New York state
legislative commission on water resource needs of Long Island; two
members from conservation organizations having property or other
interests in one or more of the special groundwater protection areas;
and a member from each town which contains part or all of a special
groundwater protection area. The special groundwater protection area
advisory council shall serve as an advisory group to the Long Island
regional planning board and shall assist in the development, review, and
implementation of the management plan.
7. The Long Island regional planning board shall submit an outline of
the plan of work designed to complete the requirements of sections
55-0115 and 55-0117 of this article, acceptable to the commissioner and
a budget request, therefor.
8. No municipality located within a special groundwater protection
area designated in paragraph (a) of subdivision one of this section
shall use public funds to acquire land within such special groundwater
protection area being used as a recreational facility or open space at
the time of proposed acquisition unless such land is being offered for
sale or a change of use for such land is proposed by the owner thereof.
designation.
1. Nine areas shall be designated for the purposes of this article as
special groundwater protection areas. They are identified as follows:
(a) the North Hills area of the town of North Hempstead, Nassau
county;
(b) the area of the Northeastern villages of the town of Oyster Bay,
Nassau county;
(c) the Woodbury road-West Pulaski road area, town of Huntington,
Suffolk county;
(d) the West Hills area of the town of Huntington, Suffolk county;
(e) the Oak Brush Plains of the towns of Babylon and Huntington,
Suffolk county;
(f) the Setauket Pine Barrens, town of Brookhaven, Suffolk county;
(g) the Central Pine Barrens of the towns of Brookhaven, Riverhead and
Southampton, Suffolk county;
(h) the South Fork Morainal Forest of the towns of Southampton and
East Hampton, Suffolk county; and
(i) the Hither Hills area of the town of East Hampton, Suffolk county.
2. Such areas identified for Long Island in this section shall be
addressed concurrently as a single planning project in order to insure
consistency and uniformity in the development of a management plan that
recognizes the regional importance of the special groundwater protection
areas.
3. The preliminary boundaries of the special groundwater protection
areas designated in subdivision one of this section shall be those
identified in the state groundwater management plan except for said
areas designated in paragraphs (a) and (b) of subdivision one of this
section which shall be the same as those areas adopted by the Nassau
County Board of Health pursuant to article ten of the Nassau County
Public Health Ordinance on December twelfth, nineteen hundred
eighty-four. Final boundaries shall be determined on the basis of
information developed in accordance with the requirements of section
55-0115 of this article.
4. Other areas not identified in this section can be petitioned for
according to the guidelines set forth in section 55-0109 of this
article.
5. The Long Island regional planning board is designated as the
planning entity for the nine special groundwater protection areas herein
identified on Long Island, and is authorized to carry out the planning
work specified in this article.
6. An advisory group to be known as the "special groundwater
protection area advisory council" shall be established. The voting
membership shall consist of representatives of the following
organizations: one member from the Nassau county department of health;
one member from the Nassau county department of public works; one member
from the Nassau county planning commission; two members from the Suffolk
county department of health services; one member from the New York state
department of environmental conservation; one member from the New York
state department of health; two members from the New York state
legislative commission on water resource needs of Long Island; two
members from conservation organizations having property or other
interests in one or more of the special groundwater protection areas;
and a member from each town which contains part or all of a special
groundwater protection area. The special groundwater protection area
advisory council shall serve as an advisory group to the Long Island
regional planning board and shall assist in the development, review, and
implementation of the management plan.
7. The Long Island regional planning board shall submit an outline of
the plan of work designed to complete the requirements of sections
55-0115 and 55-0117 of this article, acceptable to the commissioner and
a budget request, therefor.
8. No municipality located within a special groundwater protection
area designated in paragraph (a) of subdivision one of this section
shall use public funds to acquire land within such special groundwater
protection area being used as a recreational facility or open space at
the time of proposed acquisition unless such land is being offered for
sale or a change of use for such land is proposed by the owner thereof.