§ 15-1103. Petition; proceedings; exclusion of certain counties.\n 1. Any county, city, town or village, when duly authorized to do so,\nor any combination thereof, except as provided in subdivision 7 hereof,\nmay submit to the department a verified petition requesting the\ndepartment to consider a proposal for a survey and study of the water\nresources of a specified region of which the petitioning municipality is\na part, for the purpose of preparing and providing a comprehensive plan\nor plans for the protection, conservation, development and beneficial\nuse of such resources. Any such petition, prior to its submission to the\ndepartment, must be approved by the county legislative body of each\ncounty wholly or partly within the specified region. The petition shall\nset forth the facts upon which the petitioner or petitioners rely to\nshow that it is necessary and would be in the public interest and\nbenefit to undertake such survey, study and comprehensive planning. The\npetition shall list the persons, public corporations and state agencies\nengaged in receiving, collecting, storing, transmitting, distributing,\nprocessing or otherwise dealing with water for a public purpose, within\nthe region set forth in the petition, and the names and addresses of the\nclerks or other executive officers thereof. There shall be attached to\nthe petition a certified copy of the resolution, ordinance or other\nevidence of authority authorizing the execution of the petition.\n 2. Upon receipt of a petition, the department with reasonable\ndiligence shall cause public notice to be given that on a day therein\nnamed it will hold a public hearing at such place, within the region\nspecified in the petition, as is designated in the notice for the\npurpose of hearing all persons, public corporations and state agencies\nin favor of or opposed to the proposal. Such public notice shall be\ngiven by publication as provided in subdivision 1 of section 15-0903.\n 3. In addition to such public notice, the department shall give notice\nof the time and place of the public hearing in writing, at least fifteen\ndays prior to the date thereof, to the state Departments of Agriculture\nand Markets, Commerce, Health and Transportation, and the State Soil\nConservation Committee; also to the clerks or other executive officers\nof the public corporations and state agencies, persons and other\nagencies as listed in the petition. The department may also give similar\nwritten notice to any other person, body or agency it may deem would\nhave an interest in or would be affected by any comprehensive planning.\nAny public corporation, acting through any executive office authorized\nto take such action by its governing body or board, may file with the\ndepartment a written request that such public corporation be notified in\nwriting of any hearing under title 11 of this article in relation to any\nregion embraced in whole or in part within any area or areas of the\nstate designated by such public corporation in its written request.\nAfter the filing of such request, where any petition shall be filed with\nthe department setting forth any such region, but not listing such\npublic corporation, the department shall give notice to such public\ncorporation of any hearing on such petition, in the same manner as if it\nhad been listed in the petition pursuant to subdivision 1 of this\nsection. For the purpose of any hearings or proceedings under title 11\nof this article or to review a decision in the manner provided by\narticle seventy-eight of the Civil Practice Law and Rules relating to\nany region embraced within the area or areas designated in such request,\nany public corporation entitled to notice by reason of having filed such\nrequest shall be deemed to be and shall have all of the rights of a\nparty to the same extent as if such public corporation had been listed\nin the petition pursuant to subdivision 1 of this section. A\nmodification or withdrawal of any suc
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.