Section 27-2513. Exemptions

Notwithstanding  any  inconsistent  provision of law, this title shall
  not apply to:
    1. railroads, as defined in subdivisions twenty-four  and  twenty-nine
  of  section  two of the transportation law or within the scope of titles
  nine and eleven of article five of the public authorities law;
    2. the operation and/or maintenance of railroad and railroad  shipping
  facilities, including but not limited to the right of way, tracks, track
  sidings, team tracks and bridges;
    3.  any  electric  corporation,  as defined by subdivision thirteen of
  section two of the public  service  law,  nor  shall  it  apply  to  the
  operation,  use,  or  maintenance of any new or existing utility pole or
  facilities  owned  or  used,  in  whole  or  in  part,  by  a  telephone
  corporation, utility company, or cable television company, as defined by
  subdivisions  seventeen  and twenty-three of section two and subdivision
  one  of  section  two  hundred  twelve  of  the  public   service   law,
  respectively;
    4.  the  use  of one or more utility poles by any person in connection
  with the suspension or support of power, communications, utility  wires,
  lines  or  cables  and  related  equipment, antennae, lighting, signals,
  electric or electronic devices or similar equipment or apparatus;
    5. any public authority that owns and operates  electric  transmission
  or  distribution  lines, a municipally owned electric utility or a rural
  electric cooperative, nor shall it  apply  to  the  operation,  use,  or
  maintenance  of  any new or existing utility pole or facilities owned or
  used, in whole or in part, by any  such  public  authority,  municipally
  owned electric utility, or rural electric cooperative; and
    6. until January first, two thousand ten, any existing marina or other
  facility  for  berthing  and  mooring  of  pleasure  vessels,  including
  rowboats and canoes, and the storage thereof, and any existing  facility
  that  services  pleasure  vessels other than an existing marina or other
  facility for berthing and mooring of pleasure vessels, or facility  that
  services  pleasure  vessels owned and/or operated by a municipal entity.
  For the purpose of this section, pleasure vessel  shall  have  the  same
  meaning  as  in  paragraph  (c) of subdivision six of section two of the
  navigation law.