N.Y. Navigation Law § 35: Aids to navigation

§ 35. Aids to navigation. The commissioner may authorize, through the

issuance of a revocable permit, the placing of aids to navigation in the

navigable waters of the state, and any tidewaters bordering on or lying

within the boundaries of Nassau and Suffolk counties, to mark

obstructions to navigation, or for any other purpose, if, in his

judgment, it will promote safety of navigation. Any person interested in

the navigation of the navigable waters of the state, and any tidewaters

bordering on or lying within the boundaries of Nassau and Suffolk

counties, who may desire to place such aids to navigation therein,

without expense to the state, may make application to the commissioner

and submit a map suitable for blue print reproduction showing the

proposed location of such aids to navigation and their color and

meaning. The commissioner shall make rules and regulations establishing

the size, shape, color and significance of such aids to navigation. When

authorization has been granted the said aids to navigation shall be

deemed lawfully placed. If, in the judgment of the commissioner, aids to

navigation authorized by him are found to be improperly placed or that

the reason for their placement no longer exists, he may revoke the

permit authorizing their placement by written notice mailed to the

person to whom the permit was issued directing their removal within a

specified time. The person to whom such notice is directed shall

thereupon remove the aids to navigation in accordance with such

instructions. In case of failure by the person so directed to remove the

aids to navigation within the specified time, the commissioner may cause

their removal. The cost and expense of such removal shall be a charge

against the person authorized to place the aids to navigation and it

shall be recoverable through action in any court of competent

jurisdiction. Each aid to navigation lawfully placed shall bear in a

conspicuous place and in legible condition the letters "NYS". Any person

placing such designating letters on an aid to navigation not lawfully

placed, in accordance with this section, shall be guilty of a

misdemeanor and upon conviction by a court of competent jurisdiction

shall be subject to a fine of not more than twenty-five dollars for each

and every offense. Any person who shall moor or fasten a vessel to a

lawfully placed aid to navigation or shall wilfully damage, alter the

location of, or otherwise render ineffective a lawfully placed aid to

navigation shall be guilty of a misdemeanor and upon conviction before a

court of competent jurisdiction shall be subject to a fine of not more

than fifty dollars for each and every offense.