reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways › Part 600 - Policies And Procedures › Section 600.3 - General rules

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No State
				agency involved in an action shall carry out, fund or approve the action until
				it has complied with the provisions of article 42 of the Executive
				Law.
(b) In accordance with
				Executive Law, article 42, actions directly undertaken by State agencies within
				the coastal area, including grants, loans or other funding assistance, land use
				and development, planning and land transactions, shall be consistent with the
				applicable coastal policies set forth in section 600.5 or
				600.6 of this Part for actions
				within the Long Island Sound coastal area, so as to achieve a balance between
				the protection of natural resources and the need to accommodate the needs of
				population growth and economic development, as provided in Executive Law,
				sections 910 and 912(1). It is intended that this balancing occur in the manner
				specified in section
				600.4 of this Part.
(c) In accordance with Executive Law article
				42, when the Secretary has approved a local Government Waterfront
				Revitalization Program, and has identified State agency program actions which
				are likely to affect the achievement of the policies and purposes of such
				approved local Waterfront Revitalization Program, the State agency program
				actions so identified shall be undertaken in a manner which is consistent to
				the maximum extent practicable with the approved local Waterfront
				Revitalization Program.
(d) This
				Part shall not apply to action for which a final environmental impact statement
				has been prepared or for which a determination has been made that the action
				will not have a significant effect on the environment, pursuant to 6 NYCRR Part
				617 prior to the effective date of this Part.
(e) Nothing in the Part 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.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways › Part 600 - Policies And Procedures › Section 600.5 - Coastal policies

Current through Register Vol. 46, No. 28, July 10, 2024
In evaluating proposed actions against the following
				  policies, State agencies are strongly encouraged to consider the coastal policy
				  explanations and guidelines contained in the approved New York State Coastal
				  Management Program document.
(a)
				Development policies.
(1) Restore, revitalize
				and redevelop deteriorated and underutilized waterfront areas for commercial
				and industrial, cultural, recreational and other compatible uses.
(2) Facilitate the siting of water-dependent
				uses and facilities on or adjacent to coastal waters.
(3) Encourage the development of the State's
				existing major ports of Albany, Buffalo, New York, Ogdensburg and Oswego as
				centers of commerce and industry, and encourage the siting, in these port
				areas, including those under the jurisdiction of State public authorities, of
				land use and development which is essential to or in support of waterborne
				transportation of cargo and people.
(4) Strengthen the economic base of smaller
				harbor areas by encouraging the development and enhancement of those
				traditional uses and activities which have provided such areas with their
				unique maritime identity.
(5)
				Encourage the location of development in areas where public services and
				facilities essential to such development are adequate, except when such
				development has special functional requirements or other characteristics which
				necessitate its location in other coastal areas.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways › Part 600 - Policies And Procedures › Section 600.6 - Long Island Sound coastal policies

Current through Register Vol. 46, No. 28, July 10, 2024
Reference should be made to the Long Island Sound Coastal
				  Management Program, particularly chapter four thereof, for information and
				  guidance in determining whether an action in the Long Island Sound coastal area
				  is consistent with the following policies.
(a) Foster a pattern of development in the
				Long Island Sound coastal area that enhances community character, preserves
				open space, makes efficient use of infrastructure, makes beneficial use of a
				coastal location, and minimizes adverse effects of development.
(1) Concentrate development and redevelopment
				in or adjacent to traditional waterfront communities.
(i) Maintain traditional waterfront
				communities and ensure that development within these communities supports and
				is compatible with the character of the community.
(ii) Focus public investment, actions, and
				assistance in waterfront redevelopment areas to reclaim unused waterfront land
				and brownfields for new purposes.
(iii) Locate new development where
				infrastructure is adequate or can be upgraded to accommodate new
				development.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways › Part 601 - Local Waterfront Revitalization Programs › Section 601.1 - Authority, intent and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part is adopted pursuant to sections 911, 912, 913, 914, 915, 915-b, 916, 917, 918 and 922  of the Executive Law to implement the
				  optional Local Waterfront Revitalization Program (LWRP) provisions of the
				  Waterfront Revitalization of Coastal Areas and Inland Waterways Act. It
				  includes:
(a) procedural requirements
				for voluntary participation by local governments;
(b) criteria for review of local programs by
				the secretary;
(c) procedural
				requirements for review and comment on each LWRP submitted.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways › Part 601 - Local Waterfront Revitalization Programs › Section 601.2 - Submission of Local Waterfront Revitalization Programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every submission of an LWRP to the
				secretary, in order to be deemed a completed submission eligible for approval,
				must be accompanied by a resolution of the legislative body providing for such
				submission. In those instances where two or more local governments are
				cooperatively submitting an LWRP, resolutions from each of the participating
				local governments shall be necessary before a submission is deemed complete and
				eligible for review by the Secretary.
(b) Each LWRP shall include, for purposes of
				a completed submission eligible for review by the secretary, all of the
				elements contained in sections 911 (6), 915 (5) and 922  of the Executive
				Law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways › Part 601 - Local Waterfront Revitalization Programs › Section 601.3 - Criteria

Current through Register Vol. 46, No. 28, July 10, 2024
In order to approve a submitted LWRP as eligible for the
				  benefits of sections 916 and 922 of article 42 of the Executive Law, the
				  Secretary must find:
(a) that the LWRP
				incorporates the criteria listed in sections 911(6), 915(5) or 915(5-a), and
				922 of article 42 of the Executive Law to an extent commensurate with the
				circumstances of the local government or local governments seeking
				approval;
(b) that the LWRP is
				consistent with the policies of article 42 of the Executive Law as contained in
				section 600.5 or
				600.6 of this Chapter;
				and
(c) after consultation with
				potentially affected State and Federal agencies, that the LWRP will not
				conflict with any applicable State or Federal policy.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways › Part 601 - Local Waterfront Revitalization Programs › Section 601.4 - Procedure for review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
				receipt of a completed LWRP the secretary shall circulate the program to such
				parties as the secretary shall deem appropriate, which parties shall include:
(1) every State agency (as defined in article
				42 of the Executive Law) with programs identified in the submitted LWRP as
				having the potential to affect the achievement of that LWRP;
(2) any adjacent local government with
				contiguous coastal or inland waterway area;
(3) the county wherein the LWRP area is
				situated; and
(4) the regional
				planning board, if any, wherein the LWRP area is situated.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways › Part 601 - Local Waterfront Revitalization Programs › Section 601.5 - Submission, approval and effect of local laws or ordinances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Local laws or
				ordinances adopted to implement harbor management plans shall be submitted to
				the secretary with the completed LWRP.
(b) Such local laws or ordinances shall be
				approved and become effective as provided in section 922  of the Executive Law
				and Part 603 of this Title.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways › Part 601 - Local Waterfront Revitalization Programs › Section 601.6 - Approved programs

Current through Register Vol. 46, No. 28, July 10, 2024
A LWRP approved by the secretary shall be eligible for the
				  benefits provided in article 42 of the Executive Law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways › Part 601 - Local Waterfront Revitalization Programs › Section 601.7 - Review of approved programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The secretary shall periodically review
				the administration and implementation of every approved LWRP to assure, among
				other things, that the local government itself acts consistent with the goals
				of its approved LWRP.
(b) The
				secretary shall, after written notice to the legislative body of the
				participating local government, revoke approval if at any time he/she finds
				that the policies and goals of the approved LWRP are not being carried out in
				accordance with the terms of such LWRP.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways › Part 601 - Local Waterfront Revitalization Programs › Section 601.8 - Withdrawal

Current through Register Vol. 46, No. 28, July 10, 2024
A local government may withdraw its approved LWRP at any time
				  as provided in the Executive Law. Withdrawal of an approved LWRP will effect an
				  immediate termination of all benefits accruing under the Executive Law,
				  including but not limited to any funding or other technical assistance and the
				  effect of any local law or ordinance or portions thereof which required
				  approval of and were approved by the secretary pursuant to section 922  of the
				  Executive Law and Part 603 of this Title.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways › Part 602 - Coastal Area Boundary, Significant Coastal Fish And Wildlife Habitats, Important Agricultural Lands And Scenic Resources Of Statewide Significance, Identification, Mapping And Designation Procedures › Section 602.1 - Authority, intent and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part is adopted pursuant to sections 913 (6) and 914 (2) 
				  of the Executive Law. Its purpose is to implement the coastal area boundary
				  amendment provisions of the waterfront revitalization and coastal resources
				  act, and to establish the procedures and criteria which the Secretary must
				  follow when making designations of significant habitat, agricultural or scenic
				  areas for purposes of Part 600 of this Title. It includes:
(a) procedural requirements for petitioning
				the Secretary to amend the coastal area boundary;
(b) criteria for amending the coastal area
				boundary;
(c) procedural
				requirements for designation of significant coastal fish and wildlife habitat
				areas, scenic areas of statewide significance and important agricultural lands;
				and
(d) criteria for designating
				significant coastal fish and wildlife habitat areas, scenic areas of statewide
				significance and important agricultural lands.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways › Part 602 - Coastal Area Boundary, Significant Coastal Fish And Wildlife Habitats, Important Agricultural Lands And Scenic Resources Of Statewide Significance, Identification, Mapping And Designation Procedures › Section 602.2 - Coastal area boundary amendment procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any city, town or village may petition
				the Secretary to amend the coastal area boundary. Said petition shall be in the
				form of either:
(1) a resolution of the
				legislative body of the local government within whose geographic jurisdiction
				the boundary change is located; or
(2) an element of a final LWRP submitted
				pursuant to Part 601 of this Title.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways › Part 602 - Coastal Area Boundary, Significant Coastal Fish And Wildlife Habitats, Important Agricultural Lands And Scenic Resources Of Statewide Significance, Identification, Mapping And Designation Procedures › Section 602.3 - Boundary amendment criteria

Current through Register Vol. 46, No. 28, July 10, 2024
The secretary shall amend the coastal area boundary whenever
				  the Secretary finds that:
(a) an
				amendment would correct an error in the existing boundary; or
(b) an amendment would be in furtherance of
				the policies and purposes of article 42 of the Executive Law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways › Part 602 - Coastal Area Boundary, Significant Coastal Fish And Wildlife Habitats, Important Agricultural Lands And Scenic Resources Of Statewide Significance, Identification, Mapping And Designation Procedures › Section 602.4 - Significant resource area identification, mapping and designation procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After
				consultation with appropriate State agencies, the Secretary shall identify and
				designate on the coastal area map those significant coastal fish and wildlife
				habitat areas, scenic areas of statewide significance and important
				agricultural lands which the Secretary finds satisfy the criteria of section
				602.5 of this Part. The Secretary
				shall prepare a written determination with findings in support of each area to
				be designated.
(b) Before any
				significant coastal fish and wildlife habitat area, scenic area of statewide
				significance or important agricultural land is designated, timely public notice
				shall be provided and one or more public hearings held. Notice shall appear in
				a paper of general circulation in the area of site designation at least 10 days
				prior to the hearing date. Said hearings shall be held at a location convenient
				to those who are likely to be affected by or have an interest in such
				designations. Public notice shall include the time and location of the hearing,
				identify the areas proposed for designation, facilitate public comment by
				announcing the availability for inspection of the documentation supporting the
				nomination of any site proposed for designation, and by requesting public
				comment and participation at the hearing.
(c) A significant coastal fish and wildlife
				habitat area shall be eligible for designation only if it has been identified
				and recommended for designation by the New York State Department of
				Environmental Conservation (DEC). The Secretary shall designate all areas
				identified and recommended by DEC, unless the Secretary finds, after the public
				review process:
(1) that there was an error
				in the evaluation of the area pursuant to the significant coastal fish and
				wildlife habitat area criteria of section
				602.5(a) of this
				Part; or
(2) that designation would
				not lead to the achievement of the purposes of the significant habitat policy
				found at section
				600.5(b)(1) of
				this Title.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways › Part 602 - Coastal Area Boundary, Significant Coastal Fish And Wildlife Habitats, Important Agricultural Lands And Scenic Resources Of Statewide Significance, Identification, Mapping And Designation Procedures › Section 602.5 - Significant resource area criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Significant coastal fish and wildlife
				habitat areas are those habitat areas which:
(1) exhibit to a substantial degree one or
				more of the following characteristics:
(i)
				the habitat is essential to the survival of a large portion of a particular
				fish or wildlife population (e.g., feeding grounds, nursery areas);
(ii) the habitat supports a species which is
				either endangered, threatened or of special concern as those terms are defined
				at 6 NYCRR Part 182;
(iii) the
				habitat supports fish or wildlife populations having significant commercial,
				recreational or educational value; or
(iv) the habitat is of a type which is not
				commonly found in the State or a coastal region of the State; and
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways › Part 603 - Harbor Management › Section 603.1 - Authority, intent and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part is adopted under authority of
				sections 913, 915, 915-b and 922 of article 42 of the Executive Law to
				implement the provisions of the Waterfront Revitalization of Coastal Areas and
				Inland Waterways Act.
(b) In
				chapter 791 of the Laws of 1992, the Legislature emphasized the importance of
				New York State's navigable waters and underwater lands, and acknowledged the
				need to control uses, projects and structures in or over these areas. The
				Legislature specifically identified the regulation of such projects and
				structures as necessary to meet the State' s obligations, founded principally
				on the Public Trust Doctrine, to responsibly manage the State's proprietary
				interests, protect vital assets held in the name of the People of the State,
				and guarantee common law and sovereign rights. To this end, the Legislature
				declared that the reasonable exercise of riparian or littoral rights by
				waterfront owners shall be consistent with the public interest in reasonable
				use and responsible management of navigable waters and lands underwater for
				purposes of navigation, commerce, fishing, bathing, recreation, environmental
				and aesthetic protection, and access. Along with recognizing the importance of
				State agency actions in fulfilling these obligations, the Legislature also
				recognized the significant role New York's cities, towns and villages are
				capable of taking in the regulation and management of activities in or over the
				State's navigable waters and underwater lands if granted clear authority to
				regulate these areas. Accordingly, the Legislature has provided for the
				development and approval of local comprehensive harbor management plans (HMPs)
				and the local laws or ordinances necessary to implement these plans. It is the
				intention of this Part to enable cities, towns and villages to exercise this
				new authority in a manner which meets local needs while accommodating the
				significant interest of the State, on behalf of the public, in lands underwater
				and navigable waters. It is the purpose of this Part to provide the procedural
				and substantive requirement for approval of HMPs and local laws and ordinances
				necessary to implement these plans.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways › Part 603 - Harbor Management › Section 603.2 - Eligibility and authority

Current through Register Vol. 46, No. 28, July 10, 2024
Subject to review and approval by the Secretary of
				  State:
(a)
(1) A city, town or village may adopt an HMP
				to regulate the surface waters and underwater lands within the city, town or
				village, or bounding it to a distance of 1,500 feet from shore, whichever is
				greater.
(2) Determination of the
				line from which the 1,500 feet shall be measured shall be made as follows:
(i) where the shore is generally even, the
				1,500 feet shall be measured from the mean low water line;
(ii) where the shore is uneven because of
				indentations such as coves, small bays, inlets or similar conditions, the 1,500
				feet shall be measured from a straight line drawn across the indentation from
				the two points representing the furthest waterward extent of the mean low water
				line on either side of the indentation. Any water area and underwater lands
				landward of this line will, however, be subject to harbor management planning
				and regulation pursuant to this Part;
(iii) where an offshore island is part of a
				municipality, the 1,500 feet shall be measured from the mean low water line
				surrounding the island;
(iv) in all
				instances, the area between the mean low water and mean high water lines shall
				also be subject to HMP coverage; and
(v) whenever necessary the Secretary shall
				make a determination of the bounds of an HMP area, based upon written findings
				which take into account the size of the waterbody; existing municipal
				regulation of waters and underwater lands; the avoidance of conflicts among
				local, State and Federal governments; and other relevant
				considerations.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways › Part 603 - Harbor Management › Section 603.3 - Contents

Current through Register Vol. 46, No. 28, July 10, 2024
At a level of detail and to the extent commensurate with the
				  particular circumstances of the local government(s), an HMP shall contain the
				  following, either in a separate document prepared to augment an LWRP, or
				  integrated into an LWRP in an identifiable manner:
(a) identification of the HMP boundary
				area;
(b) an inventory and analysis
				of existing uses, features and conditions in this area;
(c) identification and discussion of issues
				of local importance;
(d)
				identification and discussion of issues of regional importance;
(e) discussion of opportunities, long and
				short-term goals and objectives;
(f) identification of conditions which
				operate as constraints on utilization of underwater lands and navigable waters
				by the public;
(g) discussion of
				water dependent uses;
(h)
				identification and discussion of economic, cultural and social considerations
				fundamental to responsible management of underwater lands and navigable
				waters;
(i) a water use
				plan;
(j) specification of policies
				concerning present and future use and management of such areas;
(k) identification of capital projects
				necessary to implement the HMP;
(l)
				specification of existing and proposed techniques and authorities to implement
				the HMP; and
(m) to the extent
				commensurate with the particular circumstance of the city, town or village, an
				HMP shall address the following considerations:
(1) conflict and competition for space among
				the uses and users of harbors, surface waters and underwater lands;
(2) regulation of the construction, size and
				location of wharves, docks, moorings, piers, jetties, platforms, breakwaters or
				other structures, whether temporary or permanent;
(3) regional needs for any of the various
				uses or users likely to be attracted to the particular qualities of the area;
				and
(4) where applicable:
(i) commercial shipping;
(ii) recreational boating;
(iii) commercial and recreational fishing and
				shellfishing;
(iv) aquaculture and
				mariculture;
(v) waste
				management;
(vi) mineral
				extraction;
(vii)
				dredging;
(viii) public
				access;
(ix) recreation;
(x) habitats and other natural resource
				protection;
(xi) water
				quality;
(xii) open
				space;
(xiii) aesthetic
				values;
(xiv) water dependent
				uses;
(xv) common law riparian or
				littoral rights; and
(xvi) public
				interests, including interest under the Public Trust Doctrine; and
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways › Part 603 - Harbor Management › Section 603.4 - Development

Current through Register Vol. 46, No. 28, July 10, 2024
(a) HMPs shall be
				developed with the participation of the public, and Federal, State and local
				governments and agencies.
(b)
				Within the limits of appropriated funds, the Department of State will be
				available for guidance and assistance.
(c) A schedule for incremental completion,
				submission of work products and final adoption and submission of the HMP shall
				be agreed to between the participating city, town or village and the Department
				of State.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways › Part 603 - Harbor Management › Section 603.5 - Review and approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) HMPs
				shall be reviewed and approved in accordance with Part 601 of this
				Title.
(b)
(1) Local laws or ordinances to implement the
				HMP shall be developed with the secretary, and shall be submitted for review
				and comment a reasonable time prior to the scheduling of any public hearing on
				any such local law or ordinance.
(2) In order to ensure the effectiveness of
				such local laws or ordinances under section 922  of the Executive Law and
				whatever general or specific authority pursuant to which they are enacted, the
				secretary shall approve and the municipality shall adopt any local laws or
				ordinances in a coordinated manner.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways › Part 603 - Harbor Management › Section 603.6 - Participation by municipalities with approved LWRPs or LWRPs near approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Cities, towns
				or villages with approved LWRPs on the effective date of this Part may develop
				and submit an HMP for review and approval. However, any city, town or village
				which seeks to amend an approved LWRP must include a HMP for approval in any
				such amendment. This requirement may be waived by the secretary to the extent
				commensurate with the particular circumstances of the local government
				proposing the LWRP amendment.
(b)
				Cities, towns or villages which have completed the review period provided in
				section 601.4(b) of this
				Title before July 1, 1994 shall not be required to submit an HMP as a
				precondition to approval of an LWRP.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways › Part 603 - Harbor Management › Section 603.7 - Practical considerations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				number of cities, towns and villages in the coastal area of New York State
				possess either several distinctive harbor areas, or have the clear need to
				engage in some level of cooperative intermunicipal HMP development and
				implementation, or both. Resources, public access and other interests may
				suffer unless the planning process engaged in by these municipalities results
				in expeditious measures to address significant existing and projected
				conditions in or over navigable waters and underwater lands.
(b) To accommodate the realities of size,
				complexity, location or other uniqueness and the need for action, such a
				municipality may submit a written request to the secretary for permission to
				prepare an expedited HMP. Any request shall specify those circumstances which
				justify approval of such a request.
(c) The secretary shall advise the
				appropriate municipal officials in writing of his or her decision on the
				request, and of the terms and conditions applicable to the permission to
				develop an expedited HMP. The secretary shall also specify any additional
				requirements for approval of the program and implementing laws.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIV - Division Of Economic Opportunity › Part 700 - Community Services Block Grant (csbg) Hearing Rules Of Procedure › Section 700.1 - Scope and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				applies to all adjudicatory proceedings commenced by service of a preliminary
				determination of funding action upon public or private grantees which receive
				or are entitled to receive Community Services Block Grant (CSBG) entitlement
				funds under P.L. 97-35, as amended, and Article 6-D, Executive Law, section
				159-i, as amended.
(b) The purpose
				of this Part is:
(1) to comply with P.L.
				97-35, as amended by P.L. 98-558, with respect to terminations of present and
				future funding; and
(2) to provide
				particular CSBG grantees with notice and an opportunity for a hearing on the
				record of the department's preliminary determination of funding action for a
				statutory allocation of CSBG entitlement funds for cause.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIV - Division Of Economic Opportunity › Part 700 - Community Services Block Grant (csbg) Hearing Rules Of Procedure › Section 700.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Department. The Department of
				State.
(b) Entitlement funds. The
				statutory allocation proportion of CSBG funds received by a "grantee" under
				P.L. 97-35, as amended, and Executive Law, section 159-i, as amended.
(c) Grantee. Any public or private "grantee"
				as defined in Executive Law, section 159-e(1), as amended.
(d) Suspension. A decision for cause by the
				department to temporarily curtail the statutory allocation of CSBG entitlement
				funds in part prior to the termination date of a CSBG entitlement
				contract.
(e) Termination. A
				decision for cause by the department that the present or future CSBG funding to
				a CSBG grantee, which received CSBG entitlement funds in the previous fiscal
				year, shall be permanently terminated, in whole or in part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIV - Division Of Economic Opportunity › Part 700 - Community Services Block Grant (csbg) Hearing Rules Of Procedure › Section 700.4 - Notice of preliminary determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When the department has reason to believe
				that one or more grounds for funding action exist as set forth in section
				700.3(a), (b) or
				(c), the department shall serve upon the
				grantee a written preliminary determination of funding action, by certified
				mail, return receipt requested, which shall state the ground(s) for the
				proposed action and shall identify with reasonable specificity any facts or
				documents relied upon as a basis for that action.
(b) The preliminary determination shall
				advise the grantee that it has the opportunity within 20 business days of
				receipt of the preliminary determination, to make a written request for an
				adjudicatory hearing under this Part.
(c) The preliminary determination shall also
				advise the grantee of its right, if any, to continued funding under section
				700.8 of this Part for funding
				action which falls within section
				700.3(a) or
				(b).
(d) If the grantee advises the department in
				writing that it will not request a hearing or fails to request a hearing within
				the time prescribed in subdivision (b) of this section, or fails to resume
				performance of the services abandoned as set forth in section
				700.3(b) or (c)
				of this Part, the department's preliminary determination of funding action
				under section
				700.3(a), (b) or
				(c) shall become final and
				effective.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIV - Division Of Economic Opportunity › Part 700 - Community Services Block Grant (csbg) Hearing Rules Of Procedure › Section 700.5 - Initiation of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receipt of a grantee's written request for a hearing
				  under section
				  700.4 of this Part, the hearing
				  officer unit of the department shall schedule the hearing and notify the
				  grantee of the date, time, and place for the hearing.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIV - Division Of Economic Opportunity › Part 700 - Community Services Block Grant (csbg) Hearing Rules Of Procedure › Section 700.6 - State Administrative Procedure Act applications

Current through Register Vol. 46, No. 28, July 10, 2024
Any hearing under this Part shall be conducted in accordance
				  with the New York State Administrative Procedure Act (SAPA), as
				  amended.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIV - Division Of Economic Opportunity › Part 700 - Community Services Block Grant (csbg) Hearing Rules Of Procedure › Section 700.7 - Review of department decision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No funding determination based on section
				700.3(a) or (b)
				of this Part shall become final and effective until a finding is made by the
				Secretary of the United States Department of Health and Human Services in
				accordance with P.L. 97-35, as amended by P.L. 98-558, confirming the
				department's decision.
(b)
				Additionally, any hearing decision of the department resulting in a termination
				of present or future funding to a grantee as prescribed in section
				700.3(a) or (b)
				of this Part shall upon written request made within 20 business days of receipt
				of the department's decision be reviewed by the Secretary of the United States
				Department of Health and Human Services in accordance with P.L. 97-35, as
				amended by P.L. 98-558.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIV - Division Of Economic Opportunity › Part 700 - Community Services Block Grant (csbg) Hearing Rules Of Procedure › Section 700.8 - Funding pending appeal decision

Current through Register Vol. 46, No. 28, July 10, 2024
In accordance with P.L. 97-35, as amended by P.L. 98-558, the
				  statutory allocation of CSBG entitlement funds to a grantee which has requested
				  a hearing under section
				  700.3(a) or (b)
				  of this Part shall continue until a finding is made by the Secretary of the
				  United States Department of Health and Human Services, confirming the State's
				  determination of cause, in whole or in part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIV - Division Of Economic Opportunity › Part 700 - Community Services Block Grant (csbg) Hearing Rules Of Procedure › Section 700.9 - Professional service costs

Current through Register Vol. 46, No. 28, July 10, 2024
Costs of legal, accounting and consulting services, and
				  related costs incurred in connection with an adjudicatory proceeding under this
				  Part are not allowable costs under CSBG entitlement funds received by the
				  grantee.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIV - Division Of Economic Opportunity › Part 701 - Community Services Block Grant Advisory Council › Section 701.1 - Creation and membership

Current through Register Vol. 46, No. 28, July 10, 2024
The Community Services Block Grant Advisory Council
				  (hereinafter Council), is hereby created in the Department of State. The
				  Council shall have twenty members, to include representatives from local
				  governments, private non-profit providers and the public. Ten members shall be
				  appointed by the Governor, five by the Temporary President of the Senate, and
				  five by the Speaker of the Assembly. Members shall serve at the pleasure of
				  their appointing authority.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIV - Division Of Economic Opportunity › Part 701 - Community Services Block Grant Advisory Council › Section 701.2 - Duties

Current through Register Vol. 46, No. 28, July 10, 2024
The Council shall have the following duties:
(a) to assist low-income persons overcome the
				barriers of poverty. This may include providing services to individuals or
				performing activities intended to achieve institutional change;
(b) to consult with the Secretary of State in
				the preparation of reports, and development of applications and the CSBG
				plan;
(c) to advise the Secretary
				of State on strategies and activities to achieve these goals by either
				responding to actions proposed by the Secretary or suggesting new initiatives
				to the Secretary; and
(d) to adopt
				and amend bylaws necessary to address the appointment and terms of Council
				officers and their duties, meetings of the Council, attendance by members, and
				other matters incidental to the Council's duties and proper
				functioning.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIV - Division Of Economic Opportunity › Part 701 - Community Services Block Grant Advisory Council › Section 701.3 - Council Secretary

Current through Register Vol. 46, No. 28, July 10, 2024
The Council Secretary shall be an employee of the Department
				  of State designated by the Secretary of State and shall perform those duties
				  assigned to him or her in the Council bylaws and by the Secretary of
				  State.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 810 - Frank C. Moore Local Government Achievement Awards › Section 810.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The Frank C. Moore local government achievement awards are
				  hereby established in order to honor Frank C. Moore for his lasting
				  contributions to the strengthening of local government in New York State and to
				  recognize local governments which have taken outstanding action to meet the
				  needs of their citizens through more effective services.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 810 - Frank C. Moore Local Government Achievement Awards › Section 810.2 - Awards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each award
				shall consist of a plaque and $5,000 in cash which the winning local government
				shall award as a scholarship to a student planning a career in municipal
				government. The purpose of the scholarship is to build local government
				leadership for the future.
(b) One
				award each year shall be made in each of the following categories:
(1) Under 25,000 population.
(2) 25,000 to 100,000 population.
(3) Over 100,000 population.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 810 - Frank C. Moore Local Government Achievement Awards › Section 810.3 - Selection committee

Current through Register Vol. 46, No. 28, July 10, 2024
A selection committee for the purpose of choosing the
				  recipients of the awards shall consist of the Commissioner for Local Government
				  and five other persons appointed by the Governor.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 810 - Frank C. Moore Local Government Achievement Awards › Section 810.4 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
Any county, city, town, or village in New York State is
				  eligible for an award for any project which was initiated anytime within a
				  period of five years preceding the year for which the award is made. In case of
				  a cooperative endeavor, two or more local governments may be eligible for a
				  co-award which may be divided among the cooperating local
				  governments.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 810 - Frank C. Moore Local Government Achievement Awards › Section 810.5 - Nominations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Nominations may
				be made by any person or agency, public or private. A local government may
				nominate itself.
(b) Nomination
				blanks shall be mailed by the Office for Local Government to the chief elected
				officials of all counties, cities, towns, and villages, and to State
				legislators and State agencies early in September. Nominations shall be
				submitted to the Office for Local Government by October 25 of each
				year.
(c) Nominations will be
				judged on the basis of innovative quality, excellence of performance, benefits
				accrued to the citizens, and evidence of success.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 810 - Frank C. Moore Local Government Achievement Awards › Section 810.6 - Local government scholarship awards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Scholarships may be awarded only to
				students planning a career in municipal government.
(b) Scholarship awards may only provide for
				the payment of tuition, fees, and books.
(c) Payment of scholarship funds by the local
				government shall be made each semester either directly to the recipient on a
				reimbursement basis or directly to the institution.
(d) A local government employee awarded a
				scholarship for full-time study requiring full-time absence from employment,
				shall be given a leave of absence for the period of time for which he utilizes
				such scholarship funds in order to ensure continuity of employment.
(e) A report shall be made to the Office for
				Local Government by March 15 of each year indicating the recipients of the
				local government scholarship award for the preceding year.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 810 - Frank C. Moore Local Government Achievement Awards › Section 810.7 - Scholarship eligibility criteria

Current through Register Vol. 46, No. 28, July 10, 2024
Each local government receiving an achievement award shall
				  establish eligibility criteria and procedures for awarding its
				  scholarship.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 810 - Frank C. Moore Local Government Achievement Awards › Section 810.8 - Financial provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				local government receiving an achievement award shall deposit the amount of the
				award in a trust and agency account.
(b) Unless an extension is granted by the
				selection committee, all scholarship funds shall be expended no later than six
				years from June 30th following receipt of the funds.
(c) All scholarship funds not expended within
				the period provided in section
				810.8(b) of this
				Part shall be returned to the Office for Local Government.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 811 - State Aid For Comprehensive Studies And Reports Under General Municipal Law, Article 5-j › Section 811.1 - Intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) These rules and
				regulations are promulgated pursuant to General Municipal Law, article 5-J,
				section 119-u-z, to implement the provisions of the law governing State aid for
				the preparation of comprehensive studies and reports concerning intermunicipal
				cooperative activity.
(b) This
				program is designed to foster cooperation among local governments so as to
				achieve stronger, well-managed units of local government that can furnish
				better administration and services to their citizens in the most economical,
				efficient and effective manner. It is further designed to encourage local
				initiative to recognize and to solve common problems by cooperative effort.
				Service needs increasingly cut across municipal boundaries in a mobile,
				changing and developing society. Increasing demands for funds from limited
				sources make a continual search for more effective service methods
				vital.
(c) Definition of
				cooperative activity. Cooperative activity means the joint efforts of two or
				more municipalities, as defined in General Municipal Law, section 119-v-(c)
				joining together to provide a municipal service or facility.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 811 - State Aid For Comprehensive Studies And Reports Under General Municipal Law, Article 5-j › Section 811.2 - Contents of comprehensive studies

Current through Register Vol. 46, No. 28, July 10, 2024
The comprehensive study and report identified in section
				  119-v shall, in addition to those requirements contained in such section, be an
				  evaluation of a service, function or facility that is common to two or more
				  units of local government wherein:
(a)
				The problem is reviewed and identified.
(b) Possible courses of action to solve the
				problem are delineated.
(c) The
				possible courses of action are compared and evaluated, and their technical,
				economical and administrative feasibility are discussed.
(d) A solution to the problem is
				proposed.
(e) The solution is
				evaluated as to its technical, economical and administrative
				feasibility.
(f) The necessary
				action that is required by each unit of government involved to implement the
				proposed solution is presented.
(g)
				A proposed organization and administrative structure to carry out the solution
				is submitted.