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19 NYCRR 603.1 - Authority, intent and purpose

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(a)This Part is adopted under authority of sections 913, 915, 915-b and 922 of article 42 of the Executive Law to implement the provisions of the Waterfront Revitalization of Coastal Areas and Inland Waterways Act.

(b)In chapter 791 of the Laws of 1992, the Legislature emphasized the importance of New York State's navigable waters and underwater lands, and acknowledged the need to control uses, projects and structures in or over these areas. The Legislature specifically identified the regulation of such projects and structures as necessary to meet the State' s obligations, founded principally on the Public Trust Doctrine, to responsibly manage the State's proprietary interests, protect vital assets held in the name of the People of the State, and guarantee common law and sovereign rights. To this end, the Legislature declared that the reasonable exercise of riparian or littoral rights by waterfront owners shall be consistent with the public interest in reasonable use and responsible management of navigable waters and lands underwater for purposes of navigation, commerce, fishing, bathing, recreation, environmental and aesthetic protection, and access. Along with recognizing the importance of State agency actions in fulfilling these obligations, the Legislature also recognized the significant role New York's cities, towns and villages are capable of taking in the regulation and management of activities in or over the State's navigable waters and underwater lands if granted clear authority to regulate these areas. Accordingly, the Legislature has provided for the development and approval of local comprehensive harbor management plans (HMPs) and the local laws or ordinances necessary to implement these plans. It is the intention of this Part to enable cities, towns and villages to exercise this new authority in a manner which meets local needs while accommodating the significant interest of the State, on behalf of the public, in lands underwater and navigable waters. It is the purpose of this Part to provide the procedural and substantive requirement for approval of HMPs and local laws and ordinances necessary to implement these plans.

19 NYCRR 603.2 - Eligibility and authority

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Subject to review and approval by the Secretary of State:

(a)

(1)A city, town or village may adopt an HMP to regulate the surface waters and underwater lands within the city, town or village, or bounding it to a distance of 1,500 feet from shore, whichever is greater.

(2)Determination of the line from which the 1,500 feet shall be measured shall be made as follows:

(i)where the shore is generally even, the 1,500 feet shall be measured from the mean low water line;

(ii)where the shore is uneven because of indentations such as coves, small bays, inlets or similar conditions, the 1,500 feet shall be measured from a straight line drawn across the indentation from the two points representing the furthest waterward extent of the mean low water line on either side of the indentation. Any water area and underwater lands landward of this line will, however, be subject to harbor management planning and regulation pursuant to this Part;

(iii)where an offshore island is part of a municipality, the 1,500 feet shall be measured from the mean low water line surrounding the island;

(iv)in all instances, the area between the mean low water and mean high water lines shall also be subject to HMP coverage; and

(v)whenever necessary the Secretary shall make a determination of the bounds of an HMP area, based upon written findings which take into account the size of the waterbody; existing municipal regulation of waters and underwater lands; the avoidance of conflicts among local, State and Federal governments; and other relevant considerations.

(b)Subject to the written approval of the Secretary of State, the local legislative body of such city or town may adopt, amend and enforce local laws or ordinances, and a village may adopt, amend and enforce local laws to implement the HMP. Such local laws or ordinances may provide fees for reasonable expenses incurred in carrying out this authority. Proposed local laws and ordinances to implement the HMP shall be submitted to the Secretary of State for approval in accordance with the provisions of section 922 of the Executive Law and section 603.5 of this Part.

(c)

(1)Municipalities on lakes, excepting those on lakes identified in section 911(4) of the Executive Law, may develop cooperative lakewide LWRPs and HMPs, and may adopt, amend and enforce local laws or ordinances to implement such plans.

(2)In the absence of a cooperative lakewide LWRP and HMP prepared by all of the municipalities on such lake, a municipality may still adopt and have approved an LWRP and HMP, and may adopt, amend and enforce local laws or ordinances to implement the HMP, provided the Secretary of State finds, in approving such local laws or ordinances, that it is consistent with the management of the lake by, and the interests of, the lake residents and its municipalities as a whole.

(3)Such local laws or ordinances shall also be consistent with the plans of any organization created by statute to provide lakewide planning or regulation.

(d)As provided in section 119-o of the General Municipal Law, other municipalities may adopt cooperative HMPs and may adopt, amend and enforce local laws or ordinances to cooperatively implement such plans.

19 NYCRR 603.3 - Contents

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At a level of detail and to the extent commensurate with the particular circumstances of the local government(s), an HMP shall contain the following, either in a separate document prepared to augment an LWRP, or integrated into an LWRP in an identifiable manner:

(a)identification of the HMP boundary area;

(b)an inventory and analysis of existing uses, features and conditions in this area;

(c)identification and discussion of issues of local importance;

(d)identification and discussion of issues of regional importance;

(e)discussion of opportunities, long and short-term goals and objectives;

(f)identification of conditions which operate as constraints on utilization of underwater lands and navigable waters by the public;

(g)discussion of water dependent uses;

(h)identification and discussion of economic, cultural and social considerations fundamental to responsible management of underwater lands and navigable waters;

(i)a water use plan;

(j)specification of policies concerning present and future use and management of such areas;

(k)identification of capital projects necessary to implement the HMP;

(l)specification of existing and proposed techniques and authorities to implement the HMP; and

(m)to the extent commensurate with the particular circumstance of the city, town or village, an HMP shall address the following considerations:

(1)conflict and competition for space among the uses and users of harbors, surface waters and underwater lands;

(2)regulation of the construction, size and location of wharves, docks, moorings, piers, jetties, platforms, breakwaters or other structures, whether temporary or permanent;

(3)regional needs for any of the various uses or users likely to be attracted to the particular qualities of the area; and

(4)where applicable:

(i)commercial shipping;

(ii)recreational boating;

(iii)commercial and recreational fishing and shellfishing;

(iv)aquaculture and mariculture;

(v)waste management;

(vi)mineral extraction;

(vii)dredging;

(viii)public access;

(ix)recreation;

(x)habitats and other natural resource protection;

(xi)water quality;

(xii)open space;

(xiii)aesthetic values;

(xiv)water dependent uses;

(xv)common law riparian or littoral rights; and

(xvi)public interests, including interest under the Public Trust Doctrine; and

(n)HMPs shall also consider other circumstances determined to be of significance by the Secretary of State, and HMPs may also consider those determined to be of significance by the city, town or village.

19 NYCRR 603.4 - Development

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(a)HMPs shall be developed with the participation of the public, and Federal, State and local governments and agencies.

(b)Within the limits of appropriated funds, the Department of State will be available for guidance and assistance.

(c)A schedule for incremental completion, submission of work products and final adoption and submission of the HMP shall be agreed to between the participating city, town or village and the Department of State.

19 NYCRR 603.5 - Review and approval

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(a)HMPs shall be reviewed and approved in accordance with Part 601 of this Title.

(b)

(1)Local laws or ordinances to implement the HMP shall be developed with the secretary, and shall be submitted for review and comment a reasonable time prior to the scheduling of any public hearing on any such local law or ordinance.

(2)In order to ensure the effectiveness of such local laws or ordinances under section 922 of the Executive Law and whatever general or specific authority pursuant to which they are enacted, the secretary shall approve and the municipality shall adopt any local laws or ordinances in a coordinated manner.

19 NYCRR 603.6 - Participation by municipalities with approved LWRPs or LWRPs near approval

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(a)Cities, towns or villages with approved LWRPs on the effective date of this Part may develop and submit an HMP for review and approval. However, any city, town or village which seeks to amend an approved LWRP must include a HMP for approval in any such amendment. This requirement may be waived by the secretary to the extent commensurate with the particular circumstances of the local government proposing the LWRP amendment.

(b)Cities, towns or villages which have completed the review period provided in section 601.4(b) of this Title before July 1, 1994 shall not be required to submit an HMP as a precondition to approval of an LWRP.

19 NYCRR 603.7 - Practical considerations

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(a)A number of cities, towns and villages in the coastal area of New York State possess either several distinctive harbor areas, or have the clear need to engage in some level of cooperative intermunicipal HMP development and implementation, or both. Resources, public access and other interests may suffer unless the planning process engaged in by these municipalities results in expeditious measures to address significant existing and projected conditions in or over navigable waters and underwater lands.

(b)To accommodate the realities of size, complexity, location or other uniqueness and the need for action, such a municipality may submit a written request to the secretary for permission to prepare an expedited HMP. Any request shall specify those circumstances which justify approval of such a request.

(c)The secretary shall advise the appropriate municipal officials in writing of his or her decision on the request, and of the terms and conditions applicable to the permission to develop an expedited HMP. The secretary shall also specify any additional requirements for approval of the program and implementing laws.

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