2023 New York Laws › EXC - Executive › Article 42 - Waterfront Revitalization of Coastal Areas and Inland Waterways › 922 - Comprehensive Harbor Management Plans.

§ 922. Comprehensive harbor management plans. 1. In order to implement
a  comprehensive  harbor management plan the local legislative body of a
city, town or village  may  adopt,  amend  and  enforce  local  laws  or
ordinances,  not  inconsistent with the laws of this state or the United
States, to regulate the construction,  size  and  location  of  wharves,
docks,   moorings,  piers,  jetties,  platforms,  breakwaters  or  other
structures, temporary or permanent, in, on or above waters and  the  use
of surface waters and underwater lands within a city, town or village or
bounding  a  city, town or village to a distance of fifteen hundred feet
from the shore. Such local  laws  or  ordinances  may  provide  for  the
imposition of fees for reasonable expenses incurred by the city, town or
village in carrying out this regulatory authority.
2. No 1oca1 1aw or ordinance adopted pursuant to the powers granted by
this section shall take effect until it shall have been submitted to and
approved  in writing by the secretary of state, nor shall such 1oca1 1aw
or ordinance affect projects and facilities undertaken or constructed by
public authorities for which a statutory exemption has been provided  or
public   authorities  formed  by  compact  with  another  state  or  any
subsidiary  thereof  formed  pursuant  to  bi-state   legislation.   The
secretary  of state shall not approve any local law or ordinance without
first consulting with the commissioner of  general  services  and  other
interested  state  agencies  administering state-owned lands underwater,
nor shall the secretary approve  any  local  law  or  ordinance  not  in
accordance with any comprehensive harbor management plan adopted as part
of  a  local  waterfront revitalization program by the local legislative
body of the city, town or village and approved by the secretary pursuant
to this article.
3. (a) Municipalities on lakes, other than those lakes  identified  in
subdivision  four  of  section nine hundred eleven of this article, may,
pursuant to this section, develop cooperative lakewide local  waterfront
revitalization programs and harbor management plans.
(b)  Where  no  local  waterfront  revitalization  program  and harbor
management plan exists which has been cooperatively prepared by  all  of
the  municipalities which border the shores of such a lake, no local law
or ordinance adopted by one  such  municipality  pursuant  to  a  harbor
management  plan shall be approved without a finding by the secretary of
state that the local law or ordinance is consistent  as  well  with  the
management  of the lake by, and interests of, the lake residents and its
municipalities as a whole.
(c) Where an organization or entity has been  created  by  statute  to
provide  lakewide  planning or regulation, such local laws or ordinances
shall be consistent with the plans developed  by  such  organization  or
entity pursuant to the procedures required in such statute.
4.  No  provision  of  this  chapter  shall  be deemed to diminish the
authority of any city, town or village pertaining to the  regulation  of
harbors,  surface  waters and underwater lands granted by any other law,
charter, patent or other instrument. Nor shall it be read  to  authorize
local  harbor  management  plans  displacing  conforming water-dependent
businesses in existence on the effective date of this section.
5. Any conveyances of  interests  pursuant  to  subdivision  seven  of
section  seventy-five  of  the  public  lands law and any permits issued
pursuant to subdivision one of  section  15-0503  of  the  environmental
conservation law shall be consistent, insofar as possible, with approved
comprehensive harbor management plans adopted pursuant to this section.