Section 54-1107. State assistance application procedure and standards  


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  • In  the  case  of  coastal  rehabilitation projects, a municipality or
      not-for-profit corporation, upon the approval of its governing body, may
      submit an application to the commissioner, in such form  and  containing
      such  information  as the commissioner may require, for state assistance
      payments toward the cost of a project which is within the state  of  New
      York  and which is eligible for state assistance pursuant to this title.
      The commissioner shall review such project application and may  approve,
      disapprove or recommend modifications thereto consistent with applicable
      law,  criteria,  standards  or  rules  and  regulations relative to such
      projects. Such criteria and standards shall include, but not be  limited
      to: the consistency of the project with the Coastal Erosion Hazard Areas
      Act,  article  34  of  this  chapter,  notwithstanding  paragraph  d  of
      subdivision three of section  34-0108  of  this  chapter;  the  official
      coastal  policies  of  the state pursuant to article 42 of the executive
      law; the  extent  of  natural  damages  to  the  coastal  area  and  the
      suitability  and  feasibility  of the project in relation to maintaining
      natural resource features and functions; the importance of  the  coastal
      area  to  recreational  resources,  fish  and wildlife resources, and/or
      endangered or  threatened  species  habitat;  and  the  public  benefits
      provided by the project.
        Upon   approval   of   a   project   application,  a  municipality  or
      not-for-profit corporation shall  enter  into  a  contract,  as  further
      provided within this article, with the commissioner for state assistance
      payments toward the cost of such project to be received pursuant to this
      article.