N.Y. Executive Law § 915: Optional local government waterfront revitalization programs for coastal areas and inland waterways

§ 915. Optional local government waterfront revitalization programs

for coastal areas and inland waterways. 1. It is the intention of this

article to offer the fullest possible support by the state and its

agencies to those local governments that desire to revitalize their

waterfronts. Accordingly, any local government or two or more local

governments acting jointly which has any portion of its jurisdiction

contiguous to the state's coastal waters or inland waterways and which

desires to participate may submit a waterfront revitalization program to

the secretary as herein provided.

2. The secretary may provide technical and financial assistance as

provided in sections nine hundred seventeen and nine hundred eighteen to

any local government for the preparation of a waterfront revitalization

program for the purposes of this article.

3. A local government or two or more local governments acting jointly

which intends to submit a waterfront revitalization program for the

purposes of this article is strongly encouraged to consult, during its

preparation, with other entities that may be affected by its program,

including local governments, county and regional agencies, appropriate

port authorities, community based groups and state and federal agencies.

On request by the local government, the secretary shall take appropriate

action to facilitate such consultation.

4. The secretary shall prepare and distribute guidelines and

regulations for local governments desiring to prepare, or cause to be

prepared, a waterfront revitalization program (hereinafter referred to

as the "program"). Such guidelines shall provide that the program will

be consistent with the policies and purposes of this article generally

and shall include, but not be limited to:

a. Boundaries of the waterfront area;

b. An inventory of natural and historic resources of the waterfront

area to be protected;

c. A statement of the goals and objectives of the program;

d. Identification of the uses and projects, public and private, to be

accommodated in the waterfront area;

e. Description of proposed means for long-term management and

maintenance of waterfront development and activities including

organizational structures and responsibilities and appropriate land use

controls;

f. Description of necessary and appropriate state actions for

successful implementation of the program; and

g. Specification of the adequate authority and capability of the local

government to implement the program.

5. The secretary shall approve any local government waterfront

revitalization program as eligible for the benefits set forth in section

nine hundred sixteen of this article if he finds that such program will

be consistent with coastal policies and will achieve the waterfront

revitalization purposes of this article. In making such determination,

the secretary shall find that the program incorporates each of the

following to an extent commensurate with the particular circumstances of

that local government:

a. The facilitation of appropriate industrial and commercial uses

which require or can benefit substantially from a waterfront location,

such as but not limited to waterborne transportation facilities and

services, and support facilities for commercial fishing and aquaculture.

b. The increased use of and access to coastal waters and the

waterfront for water-related activities such as boating, swimming,

fishing, walking and picnicking.

c. The promotion and preservation of scenic, historic, cultural and

natural resources as community amenities and tourist designations.

d. The strengthening of the economic position of the state's major

ports and small harbors.

e. The redevelopment of deteriorated or formerly developed waterfronts

through the re-use of existing infrastructure and building stock and the

removal of deteriorated structures and unsightly conditions that have

negative effects upon the waterfront area and adjacent neighborhoods,

and appropriate new development.

f. The application of local aesthetic considerations in the design of

new structures and the redevelopment of waterfront sites.

g. The protection of sensitive ecological areas, including but not

limited to dunes, tidal and freshwater wetlands, fish and wildlife

habitats, and the protective capability of coastal land features. Such

protection will assure that land use or development will not affect such

areas.

h. A statement identifying those elements of the program which can be

implemented by the local government, unaided, and those that can only be

implemented with the aid of other levels of government or other

agencies. Such statement shall include those permit, license,

certification or approval programs, grant, loan, subsidy or other

funding assistance programs, facilities construction and planning

programs which may affect the achievement of the waterfront

revitalization program.

i. The establishment of a comprehensive harbor management plan and the

means for its implementation.

* 5-a. Nothing herein shall preclude the secretary from approving a

portion or component of a local waterfront revitalization program

provided such portion or component constitutes a discrete and cohesive,

yet comprehensive, treatment of the subject or subjects addressed, which

may be related to environmental, social, regional growth management or

economic considerations.

* NB Effective upon approval by the secretary of commerce

6. Before approving any such waterfront revitalization program, or any

amendments thereto, as eligible for the benefits of this article, the

secretary shall consult with potentially affected state and federal

agencies; the secretary shall not approve any such program if he finds

after such consultation that there is a conflict with any state or

federal policies.

7. Where there is a conflict between a submitted waterfront

revitalization program and any state or federal policy, at the request

of the local government or the state or federal agency affected, the

secretary shall attempt to reconcile and resolve the differences between

the submitted program and such policies and shall meet with the local

government and involved state and federal agencies to this end.

8. Subsequent to approval of the local program by the secretary, state

agency actions shall be consistent to the maximum extent practicable

with the local program. Provided, however, that nothing in this article

shall be construed to authorize or require the issuance of any permit,

license, certification, or other approval or the approval of any grant,

loan or other funding assistance which is denied by the state agency

having jurisdiction, pursuant to other provisions of law or which is

conditioned by such agency pursuant to other provisions of law until

such conditions are met.

Where implementation of an approved local program depends upon the

availability of other than local funds and program actions, the

secretary shall meet with the involved state and federal agencies to

explore the possibility of programming of such assistance, including

pre-permitting of sites for waterfront redevelopment, in a manner that

would provide the maximum practicable assistance toward the

implementation of the local program.

9. Before undertaking any action pursuant to any programs identified

pursuant to paragraph (h) of subdivision five of section nine hundred

fifteen of this article the affected state agency shall submit, through

appropriate existing clearing house procedures including but not limited

to the state environmental quality review law, information on the

proposed action to local government. The local government shall identify

potential conflicts and so notify the secretary. Upon notification of

the conflict, the secretary will confer with the affected state agency

and the local government to modify the proposed action to be consistent

with the local plan.

10. Any local government which has had a waterfront revitalization

program approved pursuant to this section may withdraw its program at

any time by filing with the secretary a copy of a resolution of its

legislative body providing for such withdrawal. Upon receipt of such

resolution, the secretary shall immediately notify all affected state

agencies.