N.Y. Navigation Law § 35-a: Floating objects other than aids to navigation

§ 35-a. Floating objects other than aids to navigation. 1. The

commissioner may authorize, through the issuance of a revocable permit,

the placing in the navigable waters of the state, of mooring buoys,

bathing beach markers, swimming floats, speed zone markers, or any other

floating object having no navigational significance, if in his opinion

the placing of such floating object will not be a hazard to navigation.

2. The commissioner is hereby authorized to make rules and regulations

for the issuance of such permits and he shall establish a uniform system

of marking all floating objects that he authorizes to be placed.

3. Adjacent upland owners may place one mooring buoy and one swimming

float of not more than one hundred square feet of surface area, in the

waters adjacent to and within the boundaries of their shoreline,

provided however, that no floating object and no vessel or part thereof

which is secured to a mooring buoy shall at any time extend more than

one hundred feet from shore and further provided that no floating object

may be placed in a navigable channel or in any location in which it will

interfere with free and safe navigation or free access to another

person's property. The commissioner shall have the right to remove or

alter the location of any such buoy or float in the interest of

navigation.

4. The commissioner may, by rule, regulation, or order, designate

lakes, or areas within lakes, in which fishing buoys may be placed. The

commissioner shall specify the size, shape, color and material of

construction for such buoys, the manner of placing same and the type of

ground tackle to be used. No fishing buoys may be placed in the

navigable waters of the state except as specified by the commissioner in

rules and regulations authorized herein.

5. The commissioner may prescribe a reasonable service charge to cover

the cost of issuance of permits authorized by this section. Revenues

from such service charges shall be deposited into the "I love NY

waterways" boating safety fund established pursuant to section

ninety-seven-nn of the state finance law.

6. The provisions of this section which pertain to the mooring of

vessels shall not apply to areas in which local ordinances so pertaining

have been duly approved by the commissioner or in which areas federal

laws or rules and regulations regulate the anchoring or mooring of

vessels.

7. A violation of this section or the rules and regulations authorized

herein shall constitute an offense punishable by a fine of not to exceed

fifty dollars.