NY Nav L § 32 (2021)
2021 New York Laws NAV - Navigation Article 3 - Navigable Waters of the State 32 - Location of Structures in or on Navigable Waters.

§ 32. Location   of   structures   in   or  on  navigable  waters.  1.   Notwithstanding the provisions of subdivision two of section forty-six-a   of this  chapter,  no  wharf,  dock,  pier,  jetty,  platform  or  other   structure  built  on  floats,  columns,  open  timber,  piles or similar   open-work  supports,  temporary  or  permanent,  shall  be  constructed,   installed,  repaired,  modified,  expanded  or  otherwise  placed by any   person in the navigable waters of the state or in a navigable channel or   replaced by any person in  such  waters  or  channel  on  or  after  the   effective  date  of  this  section  after  having been removed from such   waters or channel for a period  in  excess  of  thirty  days  so  as  to   interfere  with  the  free  and  direct  access  to such waters from the   property, wharf, dock or similar structure of any  other  person  unless   written permission is obtained therefor from such other person.2.  In case any written complaint shall be filed with the commissioner   of general services and he shall have cause to believe, or in  case  the   commissioner  himself  shall  have  cause to believe, that any person is   violating the provisions of this  section  or  any  rule  or  regulation   promulgated  pursuant  to  this  section, the commissioner shall cause a   prompt investigation to be made.3. The commissioner shall have the power, after hearing on due notice,   to make and serve an order, setting  forth  the  findings  of  fact  and   conclusions  therefrom,  directing  any person constructing, installing,   repairing, modifying, expanding or otherwise placing or using  any  such   structure to either move or remove the said structure or to reconstruct,   repair or modify the same within such reasonable time and in such manner   as  shall  be specified in said order, and it shall be the duty of every   such person to  obey,  observe  and  comply  with  such  order  and  the   conditions  therein prescribed. The commissioner is authorized to adopt,   amend, repeal and enforce such rules and  regulations  as  he  may  deem   necessary  to  govern  administrative  procedures applicable to hearings   under this section.4. It shall be unlawful for any person to fail,  omit  or  neglect  to   comply  with  such order or to fail to move, remove, reconstruct, repair   or modify said structure as provided in the order  within  a  reasonable   time as designated by the commissioner.5. Any person who fails, omits or neglects to comply with or otherwise   violates  any such order shall be liable for a civil penalty of not more   than one hundred dollars for such  violation  and  an  additional  civil   penalty  of  not more than one hundred dollars for each day during which   such violation continues, to be assessed by the commissioner.6. The commissioner is hereby authorized  to  commence  an  action  or   proceeding  in  a  court  of competent jurisdiction to compel compliance   with any order made and to recover any penalty assessed pursuant to  the   provisions of this section.7.  Any  civil  penalty or order issued by the commissioner under this   section shall be reviewable in a proceeding under article  seventy-eight   of the civil practice law and rules.8.  The provisions of this section shall not apply to marine terminals   including piers, wharves, docks,  bulkheads,  slips,  basins  and  other   structures  or facilities used in the transportation of waterborne cargo   or passengers in interstate or foreign commerce.