N.Y. Executive Law § 922: Comprehensive harbor management plans

§ 922. Comprehensive harbor management plans. 1. In order to implement

a comprehensive harbor management plan the local legislative body of a

city, town or village may adopt, amend and enforce local laws or

ordinances, not inconsistent with the laws of this state or the United

States, to regulate the construction, size and location of wharves,

docks, moorings, piers, jetties, platforms, breakwaters or other

structures, temporary or permanent, in, on or above waters and the use

of surface waters and underwater lands within a city, town or village or

bounding a city, town or village to a distance of fifteen hundred feet

from the shore. Such local laws or ordinances may provide for the

imposition of fees for reasonable expenses incurred by the city, town or

village in carrying out this regulatory authority.

2. No 1oca1 1aw or ordinance adopted pursuant to the powers granted by

this section shall take effect until it shall have been submitted to and

approved in writing by the secretary of state, nor shall such 1oca1 1aw

or ordinance affect projects and facilities undertaken or constructed by

public authorities for which a statutory exemption has been provided or

public authorities formed by compact with another state or any

subsidiary thereof formed pursuant to bi-state legislation. The

secretary of state shall not approve any local law or ordinance without

first consulting with the commissioner of general services and other

interested state agencies administering state-owned lands underwater,

nor shall the secretary approve any local law or ordinance not in

accordance with any comprehensive harbor management plan adopted as part

of a local waterfront revitalization program by the local legislative

body of the city, town or village and approved by the secretary pursuant

to this article.

3. (a) Municipalities on lakes, other than those lakes identified in

subdivision four of section nine hundred eleven of this article, may,

pursuant to this section, develop cooperative lakewide local waterfront

revitalization programs and harbor management plans.

(b) Where no local waterfront revitalization program and harbor

management plan exists which has been cooperatively prepared by all of

the municipalities which border the shores of such a lake, no local law

or ordinance adopted by one such municipality pursuant to a harbor

management plan shall be approved without a finding by the secretary of

state that the local law or ordinance is consistent as well with the

management of the lake by, and interests of, the lake residents and its

municipalities as a whole.

(c) Where an organization or entity has been created by statute to

provide lakewide planning or regulation, such local laws or ordinances

shall be consistent with the plans developed by such organization or

entity pursuant to the procedures required in such statute.

4. No provision of this chapter shall be deemed to diminish the

authority of any city, town or village pertaining to the regulation of

harbors, surface waters and underwater lands granted by any other law,

charter, patent or other instrument. Nor shall it be read to authorize

local harbor management plans displacing conforming water-dependent

businesses in existence on the effective date of this section.

5. Any conveyances of interests pursuant to subdivision seven of

section seventy-five of the public lands law and any permits issued

pursuant to subdivision one of section 15-0503 of the environmental

conservation law shall be consistent, insofar as possible, with approved

comprehensive harbor management plans adopted pursuant to this section.