N.Y. Environmental Conservation Law § 34-0104: Identification of coastal erosion hazard areas

§ 34-0104. Identification of coastal erosion hazard areas.

1. The commissioner shall as soon as practicable, but no later than

thirty months after the effective date of this article, after the

adoption of rules and regulations pursuant to subdivision one of section

34-0108 of this article, and in full cooperation with and consultation

with local governments in which such land is located prepare a

preliminary identification of the erosion hazard areas of the state's

coastline. The identification may, in the discretion of the

commissioner, be carried out on a regional basis, with priority given to

the identification of critical erosion areas. Such preliminary

identification shall include, for each such area, a map showing the area

subject to erosion, a statement of the long-term average annual rate of

loss of land in such area from erosion, if applicable, and an

identification of any land areas containing or comprising 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.

2. Upon completion of a preliminary identification of an erosion

hazard area, the commissioner or his designated hearing officer shall

hold a public hearing in a place reasonably accessible to residents of

the affected area in order to afford an opportunity for any person to

propose changes in such preliminary identification. The commissioner

shall give notice of such hearing to each owner of record, as shown on

the latest completed tax assessment rolls, of lands included within such

area, and also to the chief executive officer and clerk of each local

government within the boundaries of which any portion of such area may

be located, by certified mail at least thirty days prior to the date set

for such hearing, and shall insure that a copy of the preliminary

identification is available for public inspection at a convenient

location in such local government. The commissioner shall also cause

notice of such hearing to be published at least once, not more than

thirty days nor fewer than ten days before the date set for such

hearing, in at least one newspaper having general circulation in the

area involved and in the environmental notice publication provided for

under section 3-0306 of this chapter.

3. After considering the testimony given at such hearings and the

potential erosion hazard in accordance with the purposes and policies of

this article, and after consultation with affected local governments,

the commissioner shall issue the final identification of the erosion

hazard areas. Such final identification shall not be made less than

sixty days from the date of the public hearing required by subdivision

two hereof. A copy of such final identification shall be filed in the

office of the clerk of each local government in which such area or any

portion thereof is located. Notice that such final identification has

been made shall be given each owner of lands included within the erosion

hazard area, as such ownership is shown on the latest completed tax

assessment rolls, by certified mail in any case where a notice by

certified mail was not sent pursuant to subdivision two of this section,

and in all other cases by first class mail. Such notice shall also be

given at such time to the chief executive officer of each local

government within the boundaries of which such erosion hazard area or

any portion thereof is located.

4. The commissioner shall review the boundaries of each erosion hazard

area identified pursuant to this section ten years from the date of its

identification and every ten years thereafter. The commissioner may

revise erosion hazard area maps not sooner than twelve months after the

occurrence of a major man made or natural event or a major coastal storm

if he determines that topographical changes or loss of structural

protection at the end of such a twelve month period and as a result of

such event or such storm justify, pursuant to the regulations of the

department, adjustment of the erosion hazard area boundary by

twenty-five feet or more. Following such review, the commissioner shall

adjust the boundaries of such erosion hazard area to effect any

additions, deletions or technical changes, or to reflect any changes due

to erosion, accretion or other natural or man-made changes. The

commissioner shall follow the procedures set forth in subdivisions two

and three of this section with respect to any lands which are proposed

to be added to or deleted from an erosion hazard area because of an

adjustment of the boundaries of such erosion hazard area pursuant to

this subdivision.

5. The commissioner shall maintain a current file of maps or

descriptions of all erosion hazard areas pursuant to this article, which

shall be available to the public for inspection and examination at the

regional office of the department in which the area is wholly or partly

located and in the office of the clerk of each local government in which

each such area or part thereof is located.