NY Exec L § 915 (2021)
2021 New York Laws EXC - Executive Article 42 - Waterfront Revitalization of Coastal Areas and Inland Waterways 915 - Optional Local Government Waterfront Revitalization Programs for Coastal Areas and Inland Waterways.

§ 915.  Optional  local  government waterfront revitalization programs   for coastal areas and inland waterways.  1. It is the intention of  this   article  to  offer  the  fullest  possible  support by the state and its   agencies to those local governments  that  desire  to  revitalize  their   waterfronts.  Accordingly,  any  local  government  or two or more local   governments acting jointly which has any  portion  of  its  jurisdiction   contiguous  to  the state's coastal waters or inland waterways and which   desires to participate may submit a waterfront revitalization program to   the secretary as herein provided.2. The secretary may provide technical  and  financial  assistance  as   provided in sections nine hundred seventeen and nine hundred eighteen to   any  local government for the preparation of a waterfront revitalization   program for the purposes of this article.3. A local government or two or more local governments acting  jointly   which  intends  to  submit  a  waterfront revitalization program for the   purposes of this article is strongly encouraged to consult,  during  its   preparation,  with  other  entities that may be affected by its program,   including local governments, county and regional  agencies,  appropriate   port authorities, community based groups and state and federal agencies.   On request by the local government, the secretary shall take appropriate   action to facilitate such consultation.4.   The   secretary  shall  prepare  and  distribute  guidelines  and   regulations for local governments desiring to prepare, or  cause  to  be   prepared,  a  waterfront revitalization program (hereinafter referred to   as the "program"). Such guidelines shall provide that the  program  will   be  consistent  with the policies and purposes of this article generally   and shall include, but not be limited to:a. Boundaries of the waterfront area;b. An inventory of natural and historic resources  of  the  waterfront   area to be protected;c. A statement of the goals and objectives of the program;d.  Identification of the uses and projects, public and private, to be   accommodated in the waterfront area;e.  Description  of  proposed  means  for  long-term  management   and   maintenance   of   waterfront   development   and  activities  including   organizational structures and responsibilities and appropriate land  use   controls;f.   Description  of  necessary  and  appropriate  state  actions  for   successful implementation of the program; andg. Specification of the adequate authority and capability of the local   government to implement the program.5.  The  secretary  shall  approve  any  local  government  waterfront   revitalization program as eligible for the benefits set forth in section   nine  hundred sixteen of this article if he finds that such program will   be consistent with coastal policies  and  will  achieve  the  waterfront   revitalization  purposes  of this article. In making such determination,   the secretary shall find that  the  program  incorporates  each  of  the   following to an extent commensurate with the particular circumstances of   that local government:a.  The  facilitation  of  appropriate  industrial and commercial uses   which require or can benefit substantially from a  waterfront  location,   such  as  but  not  limited  to waterborne transportation facilities and   services, and support facilities for commercial fishing and aquaculture.b. The  increased  use  of  and  access  to  coastal  waters  and  the   waterfront  for  water-related  activities  such  as  boating, swimming,   fishing, walking and picnicking.c. The promotion and preservation of scenic,  historic,  cultural  and   natural resources as community amenities and tourist designations. d.  The  strengthening  of  the economic position of the state's major   ports and small harbors.e. The redevelopment of deteriorated or formerly developed waterfronts   through the re-use of existing infrastructure and building stock and the   removal  of  deteriorated  structures and unsightly conditions that have   negative effects upon the waterfront area  and  adjacent  neighborhoods,   and appropriate new development.f.  The application of local aesthetic considerations in the design of   new structures and the redevelopment of waterfront sites.g. The protection of sensitive ecological  areas,  including  but  not   limited  to  dunes,  tidal  and  freshwater  wetlands, fish and wildlife   habitats, and the protective capability of coastal land  features.  Such   protection will assure that land use or development will not affect such   areas.h.  A statement identifying those elements of the program which can be   implemented by the local government, unaided, and those that can only be   implemented with  the  aid  of  other  levels  of  government  or  other   agencies.   Such   statement   shall   include  those  permit,  license,   certification or  approval  programs,  grant,  loan,  subsidy  or  other   funding   assistance  programs,  facilities  construction  and  planning   programs  which  may  affect   the   achievement   of   the   waterfront   revitalization program.i. The establishment of a comprehensive harbor management plan and the   means for its implementation.* 5-a.  Nothing  herein  shall preclude the secretary from approving a   portion or  component  of  a  local  waterfront  revitalization  program   provided  such portion or component constitutes a discrete and cohesive,   yet comprehensive, treatment of the subject or subjects addressed, which   may be related to environmental, social, regional growth  management  or   economic considerations.* NB Effective upon approval by the secretary of commerce6. Before approving any such waterfront revitalization program, or any   amendments  thereto,  as  eligible for the benefits of this article, the   secretary shall consult with  potentially  affected  state  and  federal   agencies;  the  secretary shall not approve any such program if he finds   after such consultation that there is  a  conflict  with  any  state  or   federal policies.7.   Where   there  is  a  conflict  between  a  submitted  waterfront   revitalization program and any state or federal policy, at  the  request   of  the  local  government  or the state or federal agency affected, the   secretary shall attempt to reconcile and resolve the differences between   the submitted program and such policies and shall meet  with  the  local   government and involved state and federal agencies to this end.8. Subsequent to approval of the local program by the secretary, state   agency  actions  shall  be  consistent to the maximum extent practicable   with the local program. Provided, however, that nothing in this  article   shall  be  construed to authorize or require the issuance of any permit,   license, certification, or other approval or the approval of any  grant,   loan  or  other  funding  assistance which is denied by the state agency   having jurisdiction, pursuant to other provisions of  law  or  which  is   conditioned  by  such  agency  pursuant to other provisions of law until   such conditions are met.Where implementation of an approved local  program  depends  upon  the   availability  of  other  than  local  funds  and  program  actions,  the   secretary shall meet with the involved state  and  federal  agencies  to   explore  the  possibility  of  programming of such assistance, including   pre-permitting of sites for waterfront redevelopment, in a  manner  that    would   provide   the   maximum   practicable   assistance   toward  the   implementation of the local program.9.  Before  undertaking any action pursuant to any programs identified   pursuant to paragraph (h) of subdivision five of  section  nine  hundred   fifteen  of this article the affected state agency shall submit, through   appropriate existing clearing house procedures including but not limited   to the state  environmental  quality  review  law,  information  on  the   proposed action to local government. The local government shall identify   potential  conflicts  and  so notify the secretary. Upon notification of   the conflict, the secretary will confer with the affected  state  agency   and  the local government to modify the proposed action to be consistent   with the local plan.10. Any local government which has  had  a  waterfront  revitalization   program  approved  pursuant  to this section may withdraw its program at   any time by filing with the secretary a copy  of  a  resolution  of  its   legislative  body  providing  for  such withdrawal. Upon receipt of such   resolution, the secretary shall immediately notify  all  affected  state   agencies.