NY Env Conserv L § 34-0103 (2021)
2021 New York Laws ENV - Environmental Conservation Article 34 - Coastal Erosion Hazard Areas 34-0103 - Definitions.

§ 34-0103. Definitions.   1.  "Activities  or development" shall mean any land use, construction or placement  by  any  person  of  a  structure,  or  any  action  which materially   alters   the  condition  of  land,  including  grading  and excavating or other disturbance of soil.  The  term  shall  include  the division of land into lots, parcels or sites.   2.  "Coastal  erosion" or "erosion" shall mean loss or displacement of land along the coastline due to the action of  waves,  currents  running along  the  shore,  tides, wind-driven water or water-borne ice or other impacts of coastal storms. It shall also mean loss  or  displacement  of land  along  the  coastline due to the action of wind, runoff of surface waters, or groundwater seepage.   3. "Coastal erosion hazard area" or "erosion hazard area"  shall  mean those areas of the coastline:  (a)  Which  are determined as likely to be subject to erosion within a forty-year period. The inland boundary of such areas shall be determined on the basis of shoreline recession analysis and other pertinent studies and surveys by starting at the bluff edge  or  most  landward  point  of active erosion and measuring along a line which is normal to the line of mean  high  water  a distance which is forty times the long-term average annual rate of shoreline recession, where such average annual  recession rate is at least one foot; or  (b)  Which  constitute  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.   The erosion hazard area is to be identified  as  provided  in  section 34-0104  of  this  article  and  shall  be  the  area  within  which new activities or development shall be reviewed to effectuate  the  policies and  purposes  of  this  article to minimize damage caused by erosion to structures and to prevent damage to natural protective  features  caused by activities or development, as provided for in section 34-0108 of this article.   4.  "Coastline"  shall  mean the lands adjacent to the state's coastal waters, including lakes Erie and Ontario, the St. Lawrence  and  Niagara rivers,  the  Hudson  river  south  of the federal dam at Troy, the East river, the Harlem river, the Kill van Kull and Arthur Kill, Long  Island sound  and  the  Atlantic  ocean,  their  connecting water bodies, bays, harbors, shallows and marshes.   5. "Erosion protective structure" shall mean a structure  specifically designed  to  reduce  or  prevent  erosion including man made protection features created by landfill or deposition.   6. "Land" shall mean the earth, on or below the surface of the ground, including water and air above.   7. "Local government" shall mean a village, town (outside the area  of any incorporated village), city or county.   8.  "Natural  protective  features"  shall  mean  without  limitation, beaches,  dunes,  shoals,  bars,  spits,  barrier  islands,  bluffs  and wetlands; associated natural vegetation shall also be considered as part of such natural protective features.   9.  "Person" shall mean any individual, public or private corporation, political  subdivision,  government  agency,  partnership,  association, firm, trust, estate or any other legal entity whatsoever.   10.  "State  agency"  shall  mean  any department, bureau, commission, board, public authority or other agency  of  the  state,  including  any public  benefit  corporation,  any  member  of which is appointed by the governor.    11. "Structure" shall mean any object constructed, installed or placed on land or in water, including, but not limited to, buildings, permanent sheds, mobile homes, tanks, bulkheads, piers, docks, groins, jetties and any additions or alterations thereto.   12.  "Significant fish and wildlife habitat" shall mean habitats which are essential to the survival of a large portion of a particular fish or wildlife population, support rare or endangered species, are found at  a very  low  frequency  within a geographic area, support fish or wildlife populations having significant commercial or recreational value or would be difficult or impossible to replace.