N.Y. Public Lands Law § 22: Management of sand and gravel resources

§ 22. Management of sand and gravel resources. 1. The commissioner of

general services is authorized to manage, license and regulate the

removal of sand, gravel or other material by dredging or otherwise from

state owned land now or formerly under water, except such lands

specified in subdivision two of this section, and to collect rents,

royalties or other fees in connection therewith. The commissioner is

also authorized to manage the use of such lands under water, including

but not limited to the filling in thereof, in any way and to collect

rents and fees in connection therewith, subject to applicable regulatory

statutes.

2. There are excluded from the commissioner's authorization by

subdivision one of this section the following functions and actions:

a. The taking of sand, gravel or other materials from lands of the

state under the waters of Lake Erie bordering upon Chautauqua county,

except that the commissioner may license and regulate the taking of

sand, gravel and other materials from lands of the state under the

waters of Lake Erie at the mouths of Walnut creek, Silver creek and

Cattaraugus creek, in the town of Hanover, Chautauqua county, and may

prescribe the terms and conditions under which the same may be taken,

including the amount of license fees.

b. The taking of sand, gravel or other materials from the lands in, on

or bordering upon Long Island, except that when in the opinion of the

United States government, as evidenced by the recommendation of the

corps of engineers of the United States army and authorized by the

secretary of the army, removal of such sand, gravel or other materials

becomes necessary for the improvement of navigation, the commissioner

may license and regulate the removal of such materials upon such terms

and conditions as he may deem advisable, including the amount of license

fees therefor.

c. The management and use of any such lands under water appropriated

to any department or agency except upon written consent of the head of

that department or agency.

3. License fees shall not be discriminatory, but this provision shall

not require the fixing of a uniform license fee throughout the state.

After the adoption of regulations by the commissioner, it shall be

unlawful to take or remove from lands of the state under water any sand,

gravel or other material without license issued pursuant to this

section.

4. The commissioner may, in his discretion and upon such terms and

conditions, including consideration, as to him shall seem just and

proper, authorize the taking of soil from state land under water where

such soil is to be taken by an upland owner bordering on state land

under water for the improvement or the protection of his upland from the

action of the water, or for the restoration, in whole or in part, of his

upland where there has been sudden washing away and loss of soil thereof

by violent storm and consequent avulsion, but where the title to his

land has not been lost, the boundary line remaining the same. The

preceding provisions of this section, respecting the management,

regulation, licensing or taking of sand, gravel or other material from

state land under water, are not affected by the provisions hereof

respecting the taking of soil by the upland owner.