N.Y. Executive Law § 911: Definitions

§ 911. Definitions. As used in this article, the following terms shall

have the meaning ascribed to them, unless the context otherwise

requires:

1. "Coastal area" shall mean (a) the state's coastal waters, and (b)

the adjacent shorelands, including landlocked waters and subterranean

waters, to the extent such coastal waters and adjacent lands are

strongly influenced by each other including, but not limited to,

islands, wetlands, beaches, dunes, barrier islands, cliffs, bluffs,

inter-tidal estuaries and erosion prone areas. The coastal area extends

to the limit of the state's jurisdiction on the water side and inland

only to encompass those shorelands, the uses of which have a direct and

significant impact on the coastal waters. The coastal area boundaries

are as shown on the coastal area map on file in the office of the

secretary of state as required in section nine hundred fourteen of this

article.

2. "Coastal area boundaries" shall mean the boundaries prepared by the

secretary of state pursuant to section forty-seven of chapter four

hundred sixty-four of the laws of nineteen hundred seventy-five.

3. "Coastal waters" means 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 von Kull and Arthur Kill, Long

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

bays, harbors, shallows and marshes.

4. "Inland waterways" shall mean (a) the state's major inland lakes

consisting of lakes Baldwin, Ballston, Big Tupper, Black, Brant,

Campfire, Canadarago, Canandaigua, Carmel, Casse, Cazenovia, Cayuga,

Champlain, Charles, Chateaugay, Chautauqua, Chazy, Conesus, Cranberry,

Dean Pond (in the county of Putnam), Drew, East Caroga, Dickiebusch,

Echo (in the county of Westchester), George, Gilead, Glencoma, Great

Sacandaga, Honeoye, Indian, Journeys End, Junior (in the county of

Westchester), Furnace Brook, Katonah, Kentwood, Keuka, Kirk, Kitchawan,

Little Wolf (in the county of Franklin), Lincolndale, Long, Lost (in the

county of Putnam), Meahagh, Mirror, MacGregor, Mahopac, Minerva,

Mohegan, Nimham, Neatahwanta, Northville, Oceola, Oneida, Onondaga,

Oscaleta, Ossi, Otisco, Otsego, Owasco, Palmer, Paradox, Peach,

Peekskill, Placid, Purdys, Putnam, Raquette, Rippowam, Ronkonkoma,

Round, Sacandaga, Saratoga, Schroon, Secor, Seneca, Shenorock,

Skaneateles, Silver (in the county of Wyoming), Sagamore, Saranac, Seven

Hills, Simon (in the county of Franklin), Sparkle, Tibet, Tonetta,

Teakettle Spout, Truesdale, Waccabuc, West Caroga, White (in the county

of Sullivan) and Wixon, and the Fulton chain of lakes; (b) the state's

major rivers comprised of the Allegheny, Ausable, Battenkill, Black,

Boquet, Bronx, Canisteo, Chaumont (including Chaumont bay), Chemung,

Chenango, Cohocton, Delaware, Deer, Genesee, Grasse, Great Chazy,

Hoosic, Hudson north of the federal dam at Troy, Indian, Little (in the

Adirondack park), Little Ausable, Little Salmon (including north and

south branches), Mad, Mettowee, Mohawk, Oswegatchie, Oswego, Pocantico,

Racquette, Sacandaga, Salmon, Saranac, Saw Mill, Schroon, St. Regis,

Susquehanna, Tenmile, Tioga, Tioughnioga, Wallkill and Buffalo rivers,

and the north and middle branches of the Moose river; (c) the state's

major creeks comprised of the 18 Mile Creek located in Erie county,

Chittenango Creek, Bash Bish and Kinderhook Creek located in Columbia

county, Kinderhook Creek located in Rensselaer county, Basher Kill,

Bushkill, Cattaraugus, Cayadutta, North Chuctanunda, Cincinnati, East

Kill, Esopus (including upper and lower branches), Ferguson, Fish

(including east and west branches), Gooseberry, Great Valley, Kennyetto,

Little Sandy, Moodna, Moyer, Mud Creek located in Oneida county,

Ninemile Creek, Onondaga, Oriskany, Peekskill Hollow, Reall, Roeliff

Jansen Kill, Rondout, Sandy, Sauquoit, Schoharie, Shawangunk Kill, Six

Mile Creek, South Sandy, Oatka, Tonawanda, West Kill, Scajaquada,

Wappinger, Webatuck, Wassaic, Willsey in the village of Wurtsboro, Wood

Creek located in Herkimer county, Wood Creek located in Oneida county,

Black Creek located in Monroe county, Black Creek located in Genesee and

Wyoming counties, Ellicott Creek located in Erie county, Wynantskill,

Claverack, Taghkanic, Agawamuck, Wyomanock, and Ley Creek and Butternut

Creek located in Onondaga county, Nanticoke and Sawkill (in Ulster

county), Fishkill Creek, Saw Kill and Fall Kill located in Dutchess

county, Otter Kill Creek located in Orange county, Black Meadow Creek

located in Orange county, and the Silver Lake Outlet located in Wyoming

county; (d) the Barge Canal System as defined in section two of the

canal law; and (e) the adjacent shorelands to the extent that such

inland waters and adjacent lands are strongly influenced by each other

including, but not limited to, islands, wetlands, beaches, dunes,

barrier islands, cliffs, bluffs and erosion prone areas.

5. "State agency" means 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.

6. "Comprehensive harbor management plan" shall mean a plan to address

the problems of conflict, congestion and competition for space in the

use of harbors, surface waters and underwater lands of the state within

a city, town or village or abounding a city, town or village to a

distance of fifteen hundred feet from shore. A harbor management plan

must consider regional needs and, where applicable, must consider the

competing needs of commercial shipping and recreational boating,

commercial and recreational fishing and shellfishing, aquaculture and

waste management, mineral extraction, dredging, public access,

recreation, habitat and other natural resource protection, water

quality, open space, aesthetic values and common law riparian or

littoral rights, and the public interest in such lands underwater.

7. "Water dependent use" means an activity which can only be conducted

on, in, over or adjacent to a water body because such activity requires

direct access to that water body, and which involves, as an integral

part of such activity, the use of the water.