N.Y. ENV Law § 34-0104 — New York Code / Act ENV / Article 34 / Section 34-0104
Identification of coastal erosion hazard areas
Status: in_force

§ 34-0104. Identification of coastal erosion hazard areas.\n  1. The commissioner shall as soon as practicable, but no later than\nthirty months after the effective date of this article, after the\nadoption of rules and regulations pursuant to subdivision one of section\n34-0108 of this article, and in full cooperation with and consultation\nwith local governments in which such land is located prepare a\npreliminary identification of the erosion hazard areas of the state's\ncoastline. The identification may, in the discretion of the\ncommissioner, be carried out on a regional basis, with priority given to\nthe identification of critical erosion areas. Such preliminary\nidentification shall include, for each such area, a map showing the area\nsubject to erosion, a statement of the long-term average annual rate of\nloss of land in such area from erosion, if applicable, and an\nidentification of any land areas containing or comprising natural\nprotective features the alteration of which might reduce or destroy the\nprotection afforded other lands against erosion, or lower the reserves\nof sand or other natural materials available to replenish storm losses\nthrough natural processes.\n  2. Upon completion of a preliminary identification of an erosion\nhazard area, the commissioner or his designated hearing officer shall\nhold a public hearing in a place reasonably accessible to residents of\nthe affected area in order to afford an opportunity for any person to\npropose changes in such preliminary identification. The commissioner\nshall give notice of such hearing to each owner of record, as shown on\nthe latest completed tax assessment rolls, of lands included within such\narea, and also to the chief executive officer and clerk of each local\ngovernment within the boundaries of which any portion of such area may\nbe located, by certified mail at least thirty days prior to the date set\nfor such hearing, and shall insure that a copy of the preliminary\nidentification is available for public inspection at a convenient\nlocation in such local government. The commissioner shall also cause\nnotice of such hearing to be published at least once, not more than\nthirty days nor fewer than ten days before the date set for such\nhearing, in at least one newspaper having general circulation in the\narea involved and in the environmental notice publication provided for\nunder section 3-0306 of this chapter.\n  3. After considering the testimony given at such hearings and the\npotential erosion hazard in accordance with the purposes and policies of\nthis article, and after consultation with affected local governments,\nthe commissioner shall issue the final identification of the erosion\nhazard areas. Such final identification shall not be made less than\nsixty days from the date of the public hearing required by subdivision\ntwo hereof. A copy of such final identification shall be filed in the\noffice of the clerk of each local government in which such area or any\nportion thereof is located. Notice that such final identification has\nbeen made shall be given each owner of lands included within the erosion\nhazard area, as such ownership is shown on the latest completed tax\nassessment rolls, by certified mail in any case where a notice by\ncertified mail was not sent pursuant to subdivision two of this section,\nand in all other cases by first class mail. Such notice shall also be\ngiven at such time to the chief executive officer of each local\ngovernment within the boundaries of which such erosion hazard area or\nany portion thereof is located.\n  4. The commissioner shall review the boundaries of each erosion hazard\narea identified pursuant to this section ten years from the date of its\nidentification and every ten years thereafter. The commissioner may\nrevise erosion hazard area maps not sooner than twelve months after the\noccurrence of a major man made or natural event or a major coastal storm\nif he determines that topographical changes or loss of structural\nprotection at the end of such a twelve month period and as a result of\nsuch event or such storm justify, pursuant to the regulations of the\ndepartment, adjustment of the erosion hazard area boundary by\ntwenty-five feet or more. Following such review, the commissioner shall\nadjust the boundaries of such erosion hazard area to effect any\nadditions, deletions or technical changes, or to reflect any changes due\nto erosion, accretion or other natural or man-made changes. The\ncommissioner shall follow the procedures set forth in subdivisions two\nand three of this section with respect to any lands which are proposed\nto be added to or deleted from an erosion hazard area because of an\nadjustment of the boundaries of such erosion hazard area pursuant to\nthis subdivision.\n  5. The commissioner shall maintain a current file of maps or\ndescriptions of all erosion hazard areas pursuant to this article, which\nshall be available to the public for inspection and examination at the\nregional office of the department in which the area is wholly or partly\nlocated and in the office of the clerk of each local government in which\neach such area or part thereof is located.\n