Section 35-A. Floating objects other than aids to navigation  


Latest version.
  • 1.  The
      commissioner may authorize, through the issuance of a revocable  permit,
      the  placing  in  the  navigable  waters of the state, of mooring buoys,
      bathing beach markers, swimming floats, speed zone markers, or any other
      floating object having no navigational significance, if in  his  opinion
      the placing of such floating object will not be a hazard to navigation.
        2. The commissioner is hereby authorized to make rules and regulations
      for the issuance of such permits and he shall establish a uniform system
      of marking all floating objects that he authorizes to be placed.
        3.  Adjacent upland owners may place one mooring buoy and one swimming
      float of not more than one hundred square feet of surface area,  in  the
      waters  adjacent  to  and  within  the  boundaries  of  their shoreline,
      provided however, that no floating object and no vessel or part  thereof
      which  is  secured  to a mooring buoy shall at any time extend more than
      one hundred feet from shore and further provided that no floating object
      may be placed in a navigable channel or in any location in which it will
      interfere with free and  safe  navigation  or  free  access  to  another
      person's  property.  The  commissioner shall have the right to remove or
      alter the location of  any  such  buoy  or  float  in  the  interest  of
      navigation.
        4.  The  commissioner  may,  by  rule, regulation, or order, designate
      lakes, or areas within lakes, in which fishing buoys may be placed.  The
      commissioner  shall  specify  the  size,  shape,  color  and material of
      construction for such buoys, the manner of placing same and the type  of
      ground  tackle  to  be  used.  No  fishing  buoys  may  be placed in the
      navigable waters of the state except as specified by the commissioner in
      rules and regulations authorized herein.
        5. The commissioner may prescribe a reasonable service charge to cover
      the cost of issuance of permits authorized  by  this  section.  Revenues
      from  such  service  charges  shall  be  deposited  into  the "I love NY
      waterways"  boating  safety  fund  established   pursuant   to   section
      ninety-seven-nn of the state finance law.
        6.  The  provisions  of  this  section which pertain to the mooring of
      vessels shall not apply to areas in which local ordinances so pertaining
      have been duly approved by the commissioner or in  which  areas  federal
      laws  or  rules  and  regulations  regulate  the anchoring or mooring of
      vessels.
        7. A violation of this section or the rules and regulations authorized
      herein shall constitute an offense punishable by a fine of not to exceed
      fifty dollars.