NY Pub Lands L § 22 (2021)
2021 New York Laws PBL - Public Lands Article 2 - Office of General Services 22 - Management of Sand and Gravel Resources.

§ 22. Management  of sand and gravel resources. 1. The commissioner of   general services is authorized  to  manage,  license  and  regulate  the   removal  of sand, gravel or other material by dredging or otherwise from   state owned  land  now  or  formerly  under  water,  except  such  lands   specified  in  subdivision  two  of  this section, and to collect rents,   royalties or other fees in connection  therewith.  The  commissioner  is   also  authorized  to manage the use of such lands under water, including   but not limited to the filling in thereof, in any  way  and  to  collect   rents and fees in connection therewith, subject to applicable regulatory   statutes.2.  There  are  excluded  from  the  commissioner's  authorization  by   subdivision one of this section the following functions and actions:a. The taking of sand, gravel or other materials  from  lands  of  the   state  under  the  waters of Lake Erie bordering upon Chautauqua county,   except that the commissioner may license  and  regulate  the  taking  of   sand,  gravel  and  other  materials  from  lands of the state under the   waters of Lake Erie at the mouths of  Walnut  creek,  Silver  creek  and   Cattaraugus  creek,  in  the town of Hanover, Chautauqua county, and may   prescribe the terms and conditions under which the same  may  be  taken,   including the amount of license fees.b. The taking of sand, gravel or other materials from the lands in, on   or  bordering  upon  Long Island, except that when in the opinion of the   United States government, as evidenced  by  the  recommendation  of  the   corps  of  engineers  of  the  United  States army and authorized by the   secretary of the army, removal of such sand, gravel or  other  materials   becomes  necessary  for  the improvement of navigation, the commissioner   may license and regulate the removal of such materials upon  such  terms   and conditions as he may deem advisable, including the amount of license   fees therefor.c.  The  management and use of any such lands under water appropriated   to any department or agency except upon written consent of the  head  of   that department or agency.3.  License fees shall not be discriminatory, but this provision shall   not require the fixing of a uniform license fee  throughout  the  state.   After  the  adoption  of  regulations  by  the commissioner, it shall be   unlawful to take or remove from lands of the state under water any sand,   gravel or  other  material  without  license  issued  pursuant  to  this   section.4.  The  commissioner  may,  in his discretion and upon such terms and   conditions, including consideration, as  to  him  shall  seem  just  and   proper,  authorize  the taking of soil from state land under water where   such soil is to be taken by an upland  owner  bordering  on  state  land   under water for the improvement or the protection of his upland from the   action of the water, or for the restoration, in whole or in part, of his   upland where there has been sudden washing away and loss of soil thereof   by  violent  storm  and  consequent avulsion, but where the title to his   land has not been lost,  the  boundary  line  remaining  the  same.  The   preceding   provisions  of  this  section,  respecting  the  management,   regulation, licensing or taking of sand, gravel or other  material  from   state  land  under  water,  are  not  affected  by the provisions hereof   respecting the taking of soil by the upland owner.