NY Env Conserv L § 34-0104 (2021)
2021 New York Laws ENV - Environmental Conservation Article 34 - Coastal Erosion Hazard Areas 34-0104 - Identification of Coastal Erosion Hazard Areas.

§ 34-0104. Identification of coastal erosion hazard areas.1.  The  commissioner  shall as soon as practicable, but no later than   thirty months after the  effective  date  of  this  article,  after  the   adoption of rules and regulations pursuant to subdivision one of section   34-0108  of  this article, and in full cooperation with and consultation   with  local  governments  in  which  such  land  is  located  prepare  a   preliminary  identification  of  the erosion hazard areas of the state's   coastline.  The  identification  may,   in   the   discretion   of   the   commissioner, be carried out on a regional basis, with priority given to   the   identification   of   critical  erosion  areas.  Such  preliminary   identification shall include, for each such area, a map showing the area   subject to erosion, a statement of the long-term average annual rate  of   loss  of  land  in  such  area  from  erosion,  if  applicable,  and  an   identification of  any  land  areas  containing  or  comprising  natural   protective  features the alteration of which might reduce or destroy the   protection afforded other lands against erosion, or lower  the  reserves   of  sand  or other natural materials available to replenish storm losses   through natural processes.2. Upon completion of  a  preliminary  identification  of  an  erosion   hazard  area,  the  commissioner or his designated hearing officer shall   hold a public hearing in a place reasonably accessible to  residents  of   the  affected  area  in order to afford an opportunity for any person to   propose changes in such  preliminary  identification.  The  commissioner   shall  give  notice of such hearing to each owner of record, as shown on   the latest completed tax assessment rolls, of lands included within such   area, and also to the chief executive officer and clerk  of  each  local   government  within  the boundaries of which any portion of such area may   be located, by certified mail at least thirty days prior to the date set   for such hearing, and shall  insure  that  a  copy  of  the  preliminary   identification  is  available  for  public  inspection  at  a convenient   location in such local government. The  commissioner  shall  also  cause   notice  of  such  hearing  to  be published at least once, not more than   thirty days nor fewer than  ten  days  before  the  date  set  for  such   hearing,  in  at  least  one newspaper having general circulation in the   area involved and in the environmental notice publication  provided  for   under section 3-0306 of this chapter.3.  After  considering  the  testimony  given at such hearings and the   potential erosion hazard in accordance with the purposes and policies of   this article, and after consultation with  affected  local  governments,   the  commissioner  shall  issue  the final identification of the erosion   hazard areas. Such final identification shall  not  be  made  less  than   sixty  days  from the date of the public hearing required by subdivision   two hereof. A copy of such final identification shall be  filed  in  the   office  of  the clerk of each local government in which such area or any   portion thereof is located. Notice that such  final  identification  has   been made shall be given each owner of lands included within the erosion   hazard  area,  as  such  ownership  is shown on the latest completed tax   assessment rolls, by certified mail  in  any  case  where  a  notice  by   certified mail was not sent pursuant to subdivision two of this section,   and  in  all  other cases by first class mail. Such notice shall also be   given at such  time  to  the  chief  executive  officer  of  each  local   government  within  the  boundaries of which such erosion hazard area or   any portion thereof is located.4. The commissioner shall review the boundaries of each erosion hazard   area identified pursuant to this section ten years from the date of  its   identification  and  every  ten  years  thereafter. The commissioner may   revise erosion hazard area maps not sooner than twelve months after  the   occurrence of a major man made or natural event or a major coastal storm    if  he  determines  that  topographical  changes  or  loss of structural   protection at the end of such a twelve month period and as a  result  of   such  event  or  such  storm justify, pursuant to the regulations of the   department,   adjustment   of   the  erosion  hazard  area  boundary  by   twenty-five feet or more. Following such review, the commissioner  shall   adjust  the  boundaries  of  such  erosion  hazard  area  to  effect any   additions, deletions or technical changes, or to reflect any changes due   to  erosion,  accretion  or  other  natural  or  man-made  changes.  The   commissioner  shall  follow the procedures set forth in subdivisions two   and three of this section with respect to any lands which  are  proposed   to  be  added  to  or  deleted from an erosion hazard area because of an   adjustment of the boundaries of such erosion  hazard  area  pursuant  to   this subdivision.5.  The  commissioner  shall  maintain  a  current  file  of  maps  or   descriptions of all erosion hazard areas pursuant to this article, which   shall be available to the public for inspection and examination  at  the   regional  office of the department in which the area is wholly or partly   located and in the office of the clerk of each local government in which   each such area or part thereof is located.