N.Y. Environmental Conservation Law § 34-0103: Definitions

§ 34-0103. Definitions.

1. "Activities or development" shall mean any land use, construction

or placement by any person of a structure, or any action which

materially alters the condition of land, including grading and

excavating or other disturbance of soil. The term shall include the

division of land into lots, parcels or sites.

2. "Coastal erosion" or "erosion" shall mean loss or displacement of

land along the coastline due to the action of waves, currents running

along the shore, tides, wind-driven water or water-borne ice or other

impacts of coastal storms. It shall also mean loss or displacement of

land along the coastline due to the action of wind, runoff of surface

waters, or groundwater seepage.

3. "Coastal erosion hazard area" or "erosion hazard area" shall mean

those areas of the coastline:

(a) Which are determined as likely to be subject to erosion within a

forty-year period. The inland boundary of such areas shall be determined

on the basis of shoreline recession analysis and other pertinent studies

and surveys by starting at the bluff edge or most landward point of

active erosion and measuring along a line which is normal to the line of

mean high water a distance which is forty times the long-term average

annual rate of shoreline recession, where such average annual recession

rate is at least one foot; or

(b) Which constitute natural protective features, the alteration of

which might reduce or destroy the protection afforded other lands

against erosion, or lower the reserves of sand or other natural

materials available to replenish storm losses through natural processes.

The erosion hazard area is to be identified as provided in section

34-0104 of this article and shall be the area within which new

activities or development shall be reviewed to effectuate the policies

and purposes of this article to minimize damage caused by erosion to

structures and to prevent damage to natural protective features caused

by activities or development, as provided for in section 34-0108 of this

article.

4. "Coastline" shall mean the lands adjacent to the state's coastal

waters, including lakes Erie and Ontario, the St. Lawrence and Niagara

rivers, the Hudson river south of the federal dam at Troy, the East

river, the Harlem river, the Kill van Kull and Arthur Kill, Long Island

sound and the Atlantic ocean, their connecting water bodies, bays,

harbors, shallows and marshes.

5. "Erosion protective structure" shall mean a structure specifically

designed to reduce or prevent erosion including man made protection

features created by landfill or deposition.

6. "Land" shall mean the earth, on or below the surface of the ground,

including water and air above.

7. "Local government" shall mean a village, town (outside the area of

any incorporated village), city or county.

8. "Natural protective features" shall mean without limitation,

beaches, dunes, shoals, bars, spits, barrier islands, bluffs and

wetlands; associated natural vegetation shall also be considered as part

of such natural protective features.

9. "Person" shall mean any individual, public or private corporation,

political subdivision, government agency, partnership, association,

firm, trust, estate or any other legal entity whatsoever.

10. "State agency" shall mean any department, bureau, commission,

board, public authority or other agency of the state, including any

public benefit corporation, any member of which is appointed by the

governor.

11. "Structure" shall mean any object constructed, installed or placed

on land or in water, including, but not limited to, buildings, permanent

sheds, mobile homes, tanks, bulkheads, piers, docks, groins, jetties and

any additions or alterations thereto.

12. "Significant fish and wildlife habitat" shall mean habitats which

are essential to the survival of a large portion of a particular fish or

wildlife population, support rare or endangered species, are found at a

very low frequency within a geographic area, support fish or wildlife

populations having significant commercial or recreational value or would

be difficult or impossible to replace.