The supply of formal, dedicated shoreline public access sites and recreation facilities around the estuary is finite, and opportunities to increase the supply will become fewer as private shoreline development continues. Safety concerns, parking deficiencies, fiscal constraints or residency requirements limit the potential use of many existing recreational facilities. Access to and use of some large public land holdings are necessarily restricted to preserve sensitive natural resources. Informal access opportunities are often irretrievably lost when non-water dependent uses displace water-dependent and water-enhanced uses. At the same time, demand for public access to the estuary is expected to increase with further population growth, especially in the eastern parts of Long Island. Even in areas where population doesn't grow, certain types of shoreline recreation facilities may experience greater demand due to changes in age distributions, median incomes or other characteristics of the population.

While shoreline development commonly precludes access to the estuary's bays and shores, it may also impede the public's right of access to underwater lands held in the public trust. Town officials and others responsible for managing public trust lands need clear policies and accurate information to guide their decision-making in a manner which safeguards the public's rights while treating the rights of littoral owners fairly.

The value of open space is relative: the more intensive the surrounding development, the more priceless it becomes. While generally important for retaining variety and visual interest in the development pattern, open space is critical to the health of the estuary and the coastal character of the Reserve. Key open space lands within the Reserve must be preserved to buffer wetlands, protect sensitive natural habitat, control nonpoint source pollution and retain visual quality in the estuarine setting. All levels of government must work together and in cooperation with private development interests to achieve these ends.

Commercial fishing, island bay houses, recreational boating, marinas, yacht clubs, boat repair shops, ferries and shoreline parks are some of the facilities and activities that manifest the region's maritime heritage and contribute to its present day culture. Nevertheless, some traditional estuarine uses are gradually being displaced by more economically competitive non-traditional uses. Concerted public and private sector efforts will be needed to perpetuate the estuary's historical legacy.

Shoreline properties owned or leased and managed for public use provide formal access to the estuary. A 1996 update of prior inventories identified 245 municipally-owned, 22 State-owned, and 18 federally-owned shoreline public access and recreation sites within the Reserve. The sites range in size from less than one acre to more than 5,000 acres and consist of active and passive recreation areas, environmental education centers and natural habitat preserves. Many of the recreation facilities are subject to residency restrictions that favor local residents; some have physical limitations that affect potential use; and others have lacked adequate maintenance due to fiscal constraints [Technical report: Shoreline Public Access and Recreation (1999)].

Unique to South Shore towns is the extent of underwater land received from colonial patents and held in the public trust by those towns. Derived from English common law, the Public Trust Doctrine applicable to these lands plays an important role in protecting public access to the estuary. In general, the Public Trust Doctrine aims to perpetuate the rights of the public to pass along the foreshore and to use the water for the purposes of commerce, navigation and fishing. Many municipally-held access sites include public trust lands, but such public trust lands may also adjoin privately held uplands.

The conflicts that arise between the rights of littoral owners and those of the public must be viewed from the perspectives of both the property owner and the government as protector of the public trust. For the most part, the South Shore towns have proprietary and regulatory authority over the use of the public trust underwater lands of the estuary's bays, with the exception of the Blue Point Oyster Company holdings. Thus, these local governments are in the best position to make decisions regarding the use of these lands, with the goal of achieving a lasting and practical balance between the public interest and that of the littoral property owner.

Case law in New York clearly upholds the Public Trust Doctrine and its application to the foreshore and publicly-held underwater lands. An exercise of governmental police powers, however, must be reasonable and must serve legitimate public purposes. The management of public trust lands requires the formulation of clear policies based upon comprehensive, accurate databases which define property interests, identify historical uses of the waterways and analyze natural resources and community character values [Technical report: Underwater Lands and the Public Trust Doctrine (1997)].

Open spaces provide variety and visual interest within the built environment of the Reserve, contributing significantly to the region's sense of place. Parks, conservation lands, large estates, public and private institutions, agricultural and undeveloped lands contribute public values associated with open space: opportunities for public access and recreation; aesthetic qualitites that benefit tourism and quality of life; and, preservation and buffering of environmentally sensitive lands with high natural resource values.

Governor george E. Pataki announces the State's aquisition of Open Space at Benton Bay

In the portion of the Reserve west of the Connetquot River most land development took place more than thirty years ago. At the height of this development many of the larger tracts were purchased and retained for recreation and preservation purposes. Some of the more important holdings include: Lido Beach Town Park; Nassau Beach County Park; Point Lookout Town Park; Tobay Beach and the JFK Wildlife Sanctuary; Baldwin Town Park; Cow Meadow County Park; Cedar Creek County Park; Jones Beach State Park; Gilgo State Park; Gardners County Park; Robert Moses State Park; Seatuck National Wildlife Refuge; and, Heckscher State Park. In the eastern portion of the Reserve, the largest protected open space areas include: Wertheim National Wildlife; Fire Island National Seashore; Havens Point State Tidal Wetlands; and Suffolk County's Terrel River, Smith Point, Cupsogue, and Shinnecock parks.

Efforts to identify potential open space lands in the region warranting protection have been reflected in the report Conserving Open Space in New York State: State Open Space Plan (1998), completed as a joint project of the Department of Environmental Conservation and the Office of Parks, Recreation and Historic Preservation. More recently, work has been done for the Reserve through an open space preservation study which identified common objectives, heightened awareness of the value of open space and the pressing need to preserve it, and established a dialogue between various agencies and groups interested in protecting open space. However, there is still little coordination of efforts by municipalities, State and federal agencies, nonprofit organizations and developers to protect open space in the Reserve. Further, there is no strategy to protect open space to ensure that Council goals for water and living resource protection, and public access and recreation enhancement, can be achieved [Technical report: Open Space Preservation Study (2000)].

For centuries the estuary has been a magnet for human activities. From an early period of subsistence farming, oyster harvesting, and near shore whaling to present day commercial fishing, recreational boating and intensive shoreline development, generations have depended upon the resources of the estuary and enjoyed a unique quality of life on the South Shore. From those generations arose a cultural legacy and maritime character that cannot be replaced. Yet, new shoreline development is gradually eroding the South Shore's maritime heritage as more economically competitive non-traditional uses displace traditional uses.

This section presents recommendations that build upon those contained in the pertinent technical reports and address the issues confronting use and enjoyment of the estuary.

1. Expand public shoreline access opportunities by increasing the amount of land dedicated to physical and visual access.

To meet growing demand, public access opportunities should be expanded at existing underutilized sites and increased by acquisition of additional sites. Where feasible, linear connections should be developed to physically link both existing and new sites. Where practical, shoreline barriers should be removed.

Priority should be given to those thirty-seven sites already identified as having the potential to accommodate increased public access, especially those that address specific geographic and demographic access needs and that are proposed in communities with a plan and commitment to meet regional as well as local demands for access.

New water-related recreational facilities should be developed to meet anticipated increases in the demand for recreation opportunities around the estuary, especially during peak periods. Care in the selection of sites and in the design and construction of facilities will be critical to increasing public use and enjoyment of the estuary without degrading natural resource values.

A "no net loss" policy toward access to the estuary should be implemented at existing public access sites. Bulkheads, parking lots and other essential infrastructure at existing recreation facilities should be improved when necessary and maintained to allow sustained recreational use. Continued informal access at public and private locations should be ensured through easements, tax incentives, and other voluntary means.

4. Develop management plans for underwater lands.

The six towns should develop management plans to guide decision-making regarding shoreline development and the use of underwater lands. Each management plan should be based on a complete and compelling base of information to distinguish existing littoral and public rights. Each plan should set forth policies that provide the basis for reasonable the regulation of underwater lands.

5. Increase acquisition and preservation of open space.

Additional open space lands should be acquired or otherwise protected to achieve the following objectives: protect areas with high natural resource values; minimize additional flows of polluted runoff into the rivers, streams and bays of the estuary; enhance physical and visual public access to the water; establish physical linkages between protected open space lands; and protect community character and historic resources. Open space preservation should consider large parcels as well as small parcels that would have cumulative open space benefits in a region characterized as heavily developed or under significant development pressure.

Currently there is no single entity focusing on open space preservation throughout the Reserve. The Peconic Land Trust, known for its efforts to preserve agricultural lands along the north and south forks of Long Island, is currently unable to expand its efforts to the Reserve area. A land trust can facilitate open space preservation with private land owners outside the framework of government. A land trust's expertise could include: matching the appropriate tax benefits to the needs of potential land donors; executing land conservation easements; acquiring land; assessing land's open space values; and monitoring and enforcing easement restrictions. The creation of a Reserve-wide land trust to facilitate open space preservation is a necessary element for a successful open space preservation program. Initial financial support through the Environmental Protection Fund could help in the creation of a land trust to assist in achieving the open space preservation goals within the Reserve.

An open space plan should be developed for the acquisition, protection, and management of open space lands in the Reserve. The plan should include criteria for determining priority lands for acquisition and protection to meet regional objectives. Also, the Council should facilitate and coordinate the protection and long term management of open space. The committee should be given the following responsibilities: advise the full Council regarding open space planning; identify lands to be recommended for inclusion in the 2001 State Open Space Plan; sponsor workshops on open space preservation for interested parties within the Reserve; and give periodic progress reports to the Council on open space activities.

The Council should foster development of a Geographic Information System (GIS) data base to achieve the following objectives: maintain pertinent information on open space sites already identified for acquisition; analyze the landscape's vulnerability to potential development in relation to its open space values warranting protection; maintain data on lands protected by conservation easements; and monitor protected lands for long-term management.

State agencies should coordinate efforts to provide technical assistance to local governments and nonprofit organizations to protect and manage open space.

Funds from federal, State and local sources should be allocated to facilitate open space acquisition and associated monitoring and management activities. Dedicated funds should be matched with local, non-profit, and private revenues available for open space acquisition and preservation.

The success of open space protection within the Reserve is largely dependent on the commitment of Reserve communities to implement an open space protection program at the local level. Local governments should develop comprehensive open space assessments and protection strategies. Community open space plans should be developed as a component of a Local Waterfront Revitalization Programs or other planning processes such as a coastal/waterfront open space study. Examples of successful programs include the Suffolk County Greenways Program and the Southampton Community Preservation Project Plan.

A system of land and water routes should be developed across the Reserve to link open spaces with recreational lands and heritage areas in order to increase opportunities for appropriate public use and appreciation of open space.

13. Promote and preserve the cultural resources that contribute to the Estuary's unique character and sense of place.

Museums and education centers in the Reserve need increased levels of support so that they can play a leading role in interpreting, celebrating and promoting the present culture and maritime heritage of the Reserve. There is a need also to document and recognize historic and cultural resources that epitomize the rich maritime heritage of the region. Additionally, efforts should be made to encourage sailing as a traditional activity; protect the cultural values of "gunning" and other hunting activities; and promote better understanding of the relationships between Native Americans, early European settlers and the estuary.

In order to preserve an important link with the South Shore's past and to maintain the traditional uses dependent on bay houses, lease agreements should be facilitated between the towns and bay house owners to ensure the continued existence and use of the houses while still protecting the bay island environment. The legacy of each bay house should be researched and documented, and interpretive programs on the cultural value of the bay houses and their traditional uses should be prepared. Endangered bay houses should be conveyed to local museums or historical societies for protection and interpretive use.

Historic resources that reflect the estuary's influence on settlement patterns should be designated and protected through historic resource protection programs, local historic preservation districts and laws, the transfer of development rights, acquisition, and other available means. A Reserve-wide survey is needed to document important historic resources and to identify potential threats to their existence. Historic features of the State, federal, and local park systems should be protected through designation as State and National Register landmarks, especially those in the State ocean beach park system. Monuments and commemorative features that recognize and celebrate the maritime history of the estuary should be installed at waterfront parks and bay access sites. A maritime heritage program should be established and coordinated with local tourism programs. The heritage program should promote local design standards for new construction that reflect the character of the local maritime heritage.

Valuable scenic resources of the Reserve should receive recognition through designations of Scenic Areas of Statewide Significance. To provide the basis for such designations, a comprehensive assessment of the estuary's visual elements should be conducted. The assessment should focus on the uniqueness and quality of the visual elements and the public recognition they receive. Particular emphasis should be given to areas where the scenic values are enhanced by associated cultural and historic resources.

A number of large estates formerly played important roles in the estuary's naturalist movement. Those that remain should be identified, recognized, and protected for their historic, scenic and natural resource values through acquisition.