N.Y. Navigation Law § 32: Location of structures in or on navigable waters

§ 32. Location of structures in or on navigable waters. 1.

Notwithstanding the provisions of subdivision two of section forty-six-a

of this chapter, no wharf, dock, pier, jetty, platform or other

structure built on floats, columns, open timber, piles or similar

open-work supports, temporary or permanent, shall be constructed,

installed, repaired, modified, expanded or otherwise placed by any

person in the navigable waters of the state or in a navigable channel or

replaced by any person in such waters or channel on or after the

effective date of this section after having been removed from such

waters or channel for a period in excess of thirty days so as to

interfere with the free and direct access to such waters from the

property, wharf, dock or similar structure of any other person unless

written permission is obtained therefor from such other person.

2. In case any written complaint shall be filed with the commissioner

of general services and he shall have cause to believe, or in case the

commissioner himself shall have cause to believe, that any person is

violating the provisions of this section or any rule or regulation

promulgated pursuant to this section, the commissioner shall cause a

prompt investigation to be made.

3. The commissioner shall have the power, after hearing on due notice,

to make and serve an order, setting forth the findings of fact and

conclusions therefrom, directing any person constructing, installing,

repairing, modifying, expanding or otherwise placing or using any such

structure to either move or remove the said structure or to reconstruct,

repair or modify the same within such reasonable time and in such manner

as shall be specified in said order, and it shall be the duty of every

such person to obey, observe and comply with such order and the

conditions therein prescribed. The commissioner is authorized to adopt,

amend, repeal and enforce such rules and regulations as he may deem

necessary to govern administrative procedures applicable to hearings

under this section.

4. It shall be unlawful for any person to fail, omit or neglect to

comply with such order or to fail to move, remove, reconstruct, repair

or modify said structure as provided in the order within a reasonable

time as designated by the commissioner.

5. Any person who fails, omits or neglects to comply with or otherwise

violates any such order shall be liable for a civil penalty of not more

than one hundred dollars for such violation and an additional civil

penalty of not more than one hundred dollars for each day during which

such violation continues, to be assessed by the commissioner.

6. The commissioner is hereby authorized to commence an action or

proceeding in a court of competent jurisdiction to compel compliance

with any order made and to recover any penalty assessed pursuant to the

provisions of this section.

7. Any civil penalty or order issued by the commissioner under this

section shall be reviewable in a proceeding under article seventy-eight

of the civil practice law and rules.

8. The provisions of this section shall not apply to marine terminals

including piers, wharves, docks, bulkheads, slips, basins and other

structures or facilities used in the transportation of waterborne cargo

or passengers in interstate or foreign commerce.