N.Y. Highway Law § 349-CC – New York state scenic byways advisory board

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 and three representatives of organizations concerned with the preservation of scenic qualities, the motoring public and tourism development. 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.
2. The New York state scenic byways advisory board shall have the following duties:
1. (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:
  1. (i) consideration of the scenic beauty and historic significance of highways proposed for designation as scenic byways and the areas surrounding such highways;
  2. (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;
  3. (iii) standards for scenic byway related signs, including those which identify highways as scenic byways;
  4. (iv) standards for maintaining highway safety on the scenic byway system;
  5. (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;
  6. (vi) design review procedures for location of highway facilities, landscaping, and travellers facilities on the scenic byway system;
  7. (vii) procedures for reviewing and terminating the designation of a highway designated as a scenic byway;
  8. (viii) such other matters as may be necessary or desirable to further the purposes of this program.
2. (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.