New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter A - Motorboats › Part 448 - Placing Of Navigation Aids And Floating Objects In Navigable Waters Of New York State-diver Regulations And Use Of Diver Flags › Section 448.4 - Floating objects

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner has discretion to authorize, through the
						issuance of a revocable permit, the placing in the navigable waters of the
						State, mooring buoys, bathing beach markers, swimming floats, speed zone
						markers, or any other floating object having no navigational significance, if,
						in his or her opinion, the placing of such floating object will not be a hazard
						to navigation. The commissioner has discretion to require that the floating
						objects be placed according to any one of the methods the commissioner chooses
						that are outlined in section
						274.5  of this Title.
						Any person who may desire to place such floating objects at his or her own cost
						and expense can make application, therefore, to the commissioner and submit a
						map suitable for reproduction showing the proposed location of such floating
						objects with their color and meaning. Only after authorization has been granted
						and in accordance therewith may such floating objects be lawfully placed. If,
						in the judgment of the commissioner, floating objects authorized to be placed
						are found to be improperly placed or that the reason for their placement no
						longer exists or that such objects have become a hazard to navigation, the
						permit may be revoked and the person may be directed to remove the floating
						objects within a specified time. In case of failure by the person so directed
						to remove the floating objects within the specified time, the commissioner may
						cause their removal. The cost and expense of such removal shall be a charge
						against the person authorized to place the floating objects and the
						commissioner may bring any action or proceeding against such person to recover
						the cost of removal of such floating objects. Each floating object lawfully
						placed shall bear in a conspicuous place and in legible condition the State
						parks and recreation floating object decal issued by the commissioner. All
						floating objects shall conform to the specifications contained herein.
(a) All floating objects having no
					 navigational, informational or regulatory purposes such as swimming and diving
					 floats, ski jumps, etc., shall be painted white and equipped with white
					 reflector tape in such a manner that it can be seen from any direction. If such
					 objects are authorized for placement in excess of 100 feet from shore, the
					 commissioner may require they be equipped with a fixed white light to show all
					 around the horizon for a distance of at least one-half mile.
(b) Mooring buoys. All mooring buoys shall
					 meet the following minimum specifications:
(1) Size. At least one cubic foot of buoy to
					 be above the waterline.
(2) Shape.
					 Any.
(3) Construction. Any light
					 self buoyant material.
(4)
					 Lighting. None required. However, every buoy must be equipped with a one-inch
					 strip of reflector tape all around the upper part.
(5) Color. All white with a one-inch blue
					 stripe all around the buoy horizontally, above the waterline.