Section 922. Comprehensive harbor management plans  


Latest version.
  • 1. In order to implement
      a  comprehensive  harbor management plan the local legislative body of a
      city, town or village  may  adopt,  amend  and  enforce  local  laws  or
      ordinances,  not  inconsistent with the laws of this state or the United
      States, to regulate the construction,  size  and  location  of  wharves,
      docks,   moorings,  piers,  jetties,  platforms,  breakwaters  or  other
      structures, temporary or permanent, in, on or above waters and  the  use
      of surface waters and underwater lands within a city, town or village or
      bounding  a  city, town or village to a distance of fifteen hundred feet
      from the shore. Such local  laws  or  ordinances  may  provide  for  the
      imposition of fees for reasonable expenses incurred by the city, town or
      village in carrying out this regulatory authority.
        2. No 1oca1 1aw or ordinance adopted pursuant to the powers granted by
      this section shall take effect until it shall have been submitted to and
      approved  in writing by the secretary of state, nor shall such 1oca1 1aw
      or ordinance affect projects and facilities undertaken or constructed by
      public authorities for which a statutory exemption has been provided  or
      public   authorities  formed  by  compact  with  another  state  or  any
      subsidiary  thereof  formed  pursuant  to  bi-state   legislation.   The
      secretary  of state shall not approve any local law or ordinance without
      first consulting with the commissioner of  general  services  and  other
      interested  state  agencies  administering state-owned lands underwater,
      nor shall the secretary approve  any  local  law  or  ordinance  not  in
      accordance with any comprehensive harbor management plan adopted as part
      of  a  local  waterfront revitalization program by the local legislative
      body of the city, town or village and approved by the secretary pursuant
      to this article.
        3. (a) Municipalities on lakes, other than those lakes  identified  in
      subdivision  four  of  section nine hundred eleven of this article, may,
      pursuant to this section, develop cooperative lakewide local  waterfront
      revitalization programs and harbor management plans.
        (b)  Where  no  local  waterfront  revitalization  program  and harbor
      management plan exists which has been cooperatively prepared by  all  of
      the  municipalities which border the shores of such a lake, no local law
      or ordinance adopted by one  such  municipality  pursuant  to  a  harbor
      management  plan shall be approved without a finding by the secretary of
      state that the local law or ordinance is consistent  as  well  with  the
      management  of the lake by, and interests of, the lake residents and its
      municipalities as a whole.
        (c) Where an organization or entity has been  created  by  statute  to
      provide  lakewide  planning or regulation, such local laws or ordinances
      shall be consistent with the plans developed  by  such  organization  or
      entity pursuant to the procedures required in such statute.
        4.  No  provision  of  this  chapter  shall  be deemed to diminish the
      authority of any city, town or village pertaining to the  regulation  of
      harbors,  surface  waters and underwater lands granted by any other law,
      charter, patent or other instrument. Nor shall it be read  to  authorize
      local  harbor  management  plans  displacing  conforming water-dependent
      businesses in existence on the effective date of this section.
        5. Any conveyances of  interests  pursuant  to  subdivision  seven  of
      section  seventy-five  of  the  public  lands law and any permits issued
      pursuant to subdivision one of  section  15-0503  of  the  environmental
      conservation law shall be consistent, insofar as possible, with approved
      comprehensive harbor management plans adopted pursuant to this section.