New York regulations
Title 19 Part 602
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This Part is adopted pursuant to sections 913(6) and 914(2) of the Executive Law. Its purpose is to implement the coastal area boundary amendment provisions of the waterfront revitalization and coastal resources act, and to establish the procedures and criteria which the Secretary must follow when making designations of significant habitat, agricultural or scenic areas for purposes of Part 600 of this Title. It includes:
(a)procedural requirements for petitioning the Secretary to amend the coastal area boundary;
(b)criteria for amending the coastal area boundary;
(c)procedural requirements for designation of significant coastal fish and wildlife habitat areas, scenic areas of statewide significance and important agricultural lands; and
(d)criteria for designating significant coastal fish and wildlife habitat areas, scenic areas of statewide significance and important agricultural lands.
19 NYCRR 602.2 - Coastal area boundary amendment procedures
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(a)Any city, town or village may petition the Secretary to amend the coastal area boundary. Said petition shall be in the form of either:
(1)a resolution of the legislative body of the local government within whose geographic jurisdiction the boundary change is located; or
(2)an element of a final LWRP submitted pursuant to Part 601 of this Title.
(b)Any State agency may petition the Secretary to amend the coastal area boundary. Said petition shall be in the form of a letter from the commissioner or other head of the petitioning State agency.
(c)The Secretary may amend the coastal area boundary on the Secretary's own initiative.
(d)The Secretary shall amend the coastal area boundary whenever the Secretary determines that the criteria of section 602.3 of this Part have been met. The Secretary shall prepare a written determination with findings in support of each boundary amendment.
(e)Whenever petitioned pursuant to paragraph (a)(1) or (b) of this section, or acting pursuant to subdivision (c), public notice shall be provided by the Secretary in the
State Register and a paper of general circulation in the immediate area to be affected by the proposed boundary change. A public hearing in the vicinity of the proposed boundary change may be held at the Secretary's discretion. The need for a public hearing shall be based upon the likely public interest because of:
(1)the uniqueness of the geographic area affected; or
(2)the potential impact on coastal resources.
(f)Whenever the Secretary is petitioned to amend the coastal area boundary, and that petition qualifies under paragraph (a)(1) or (b) of this section, a determination shall be rendered within 120 days of receipt of said petition. Reasons for the denial of any petition request shall be communicated in writing by the Secretary to petitioners.
(g)Whenever the Secretary determines to amend the coastal area boundary, the Secretary shall make the appropriate changes in the coastal area map and file copies of the amended map with the clerk of each county and local government within whose jurisdiction any of the affected area is located. The Secretary shall also provide a copy of the amended coastal area map to each adjacent local government with any portion of its jurisdiction within the boundaries of the coastal area, and to each appropriate State and Federal agency.
(h)The boundary change shall take effect on the 15th day of the month following the month during which the amended map shall have been filed in the office of the clerk of the situs city, town or village.
19 NYCRR 602.3 - Boundary amendment criteria
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The secretary shall amend the coastal area boundary whenever the Secretary finds that:
(a)an amendment would correct an error in the existing boundary; or
(b)an amendment would be in furtherance of the policies and purposes of article 42 of the Executive Law.
19 NYCRR 602.4 - Significant resource area identification, mapping and designation procedures
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(a)After consultation with appropriate State agencies, the Secretary shall identify and designate on the coastal area map those significant coastal fish and wildlife habitat areas, scenic areas of statewide significance and important agricultural lands which the Secretary finds satisfy the criteria of section 602.5 of this Part. The Secretary shall prepare a written determination with findings in support of each area to be designated.
(b)Before any significant coastal fish and wildlife habitat area, scenic area of statewide significance or important agricultural land is designated, timely public notice shall be provided and one or more public hearings held. Notice shall appear in a paper of general circulation in the area of site designation at least 10 days prior to the hearing date. Said hearings shall be held at a location convenient to those who are likely to be affected by or have an interest in such designations. Public notice shall include the time and location of the hearing, identify the areas proposed for designation, facilitate public comment by announcing the availability for inspection of the documentation supporting the nomination of any site proposed for designation, and by requesting public comment and participation at the hearing.
(c)A significant coastal fish and wildlife habitat area shall be eligible for designation only if it has been identified and recommended for designation by the New York State Department of Environmental Conservation (DEC). The Secretary shall designate all areas identified and recommended by DEC, unless the Secretary finds, after the public review process:
(1)that there was an error in the evaluation of the area pursuant to the significant coastal fish and wildlife habitat area criteria of section 602.5(a) of this Part; or
(2)that designation would not lead to the achievement of the purposes of the significant habitat policy found at section 600.5(b)(1) of this Title.
(d)Whenever the Secretary, after public notice, hearing and comment pursuant to subdivision (b) of this section, shall determine to designate one or more areas, the Secretary shall make the appropriate significant area identifications on the coastal area map, and file copies of the amended map with the clerks of each county and local government within whose jurisdictions the identified areas are situated. The Secretary shall also provide a copy of the amended coastal area map to each adjacent local government with any portion of its jurisdiction within the boundaries of the coastal area, and to each appropriate State and Federal agency.
(e)The designation of significant areas shall take effect on the 15th day of the month following the month during which the amended maps are filed in the office of the clerk of the situs city, town or village.
(f)After consultation with appropriate State agencies, the Secretary may repeal or modify an existing significant area designation, but only after repeating the notice procedure for designation found in subdivision (b) of this section, and only upon a finding that repeal or modification is justified by changes to the characteristics of the area which were the basis for the original or subsequent designation.
19 NYCRR 602.5 - Significant resource area criteria
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(a)Significant coastal fish and wildlife habitat areas are those habitat areas which:
(1)exhibit to a substantial degree one or more of the following characteristics:
(i)the habitat is essential to the survival of a large portion of a particular fish or wildlife population (
e.g.,
feeding grounds, nursery areas);
(ii)the habitat supports a species which is either endangered, threatened or of special concern as those terms are defined at 6 NYCRR Part 182;
(iii)the habitat supports fish or wildlife populations having significant commercial, recreational or educational value; or
(iv)the habitat is of a type which is not commonly found in the State or a coastal region of the State; and
(2)are to varying degrees difficult or even impossible to replace in kind.
(b)Important agricultural lands shall meet all of the following criteria:
(1)the lands have soils classified by the New York State Department of Agriculture and Markets as being within soil group 1, 2, 3 or 4 of their Land Classification System found at (section filed February 2, 1981, effective February 2, 1981); are unique farmland as defined by the United States Department of Agriculture, Soil Conservation Service, at 7 CFR 657.5(b) (revised as of January 1, 1983; available from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402); or are within an agricultural district created pursuant to article 25AA of the Agriculture and Markets Law and actively used for agricultural purposes;
(2)the lands are located outside of any city or the County of Nassau, Westchester, Rockland or Erie;
(3)the lands are part of a parcel of at least 25 acres, or are less than one mile from an area of active farming; and
(4)the lands are located outside of any intensely developed area, as those areas are delineated on New York State Department of Transportation's 7½-minute series quadrangle maps as filed with the New York State Department of State on July 3, 1984.
(c)Scenic areas of statewide significance shall be those areas which the Secretary, upon consideration of the following factors, determines to be of statewide aesthetic significance to the coastal area:
(1)the area exhibits, alone or in combination, the following characteristics:
(i)unusual variety of major components;
(ii)unusual unity of major components;
(iii)striking contrasts between lines, forms, textures and colors; or
(iv)an area generally free of discordant features which, due to siting, form, scale or materials, visually interrupt the overall scenic quality of the resource;
(2)the area is unique in the region or the State's coastal area;
(3)the area is visually and physically accessible to the general public; or
(4)the area is widely recognized by the general public for its visual quality.