New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 270 - Lands Underwater: Grants, Easements, Leases, Permits › Subpart 270-2 - Definitions › Section 270-2.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When used in
					 this Subpart:
(1) Boat. A generic term for
					 watercraft of different sizes and types.
(2) Breakwater. A structure protecting a
					 shore area, harbor, anchorage or basin from wave action, including wave
					 attenuators.
(3) Commercial use. A
					 use involving the sale, rental or distribution of facilities, goods, equipment,
					 services or commodities, either retail or wholesale, or the provision of
					 recreational facilities for a fee.
(4) Conversion grant. A conveyance by Letters
					 Patent of the State's remaining right, title or interest or a part thereof in
					 State-owned land underwater which was subject to a prior conveyance.
(5) Dock. A fixed or floating structure used
					 solely as a landing place on water against which a boat may be
					 berthed.
(6) Existing structure. A
					 wharf, dock, pier, jetty, platform, breakwater, mooring or other structure
					 which was constructed, erected, anchored, suspended, placed or substantially
					 replaced, altered, modified, enlarged or expanded prior to June 17,
					 1992.
(7) Jetty. A structure which
					 extends into a body of water to prevent material from filling in a shoreline or
					 channel, or protects a shoreline or channel from wave action.
(8) Keyhole development. Means a residential
					 development characterized by a number of dwelling units constructed on an
					 upland tract or parcel associated with a relatively small shorefront area
					 providing water access for all or a large portion of the residents of the
					 upland tract or parcel.
(9)
					 Marketable title. As used in the statute means the minimum interest or title
					 that a person of reasonable prudence and intelligence would be willing to
					 accept.
(10) Mean low water and
					 mean high water. Means, respectively, the approximate average low-water level
					 or high-water level for a given body of water at a given location, which
					 distinguishes between predominantly aquatic and predominantly terrestrial
					 habitat as determined in order of use by the following:
(i) available hydrologic data, calculations,
					 and other relevant information concerning water levels (e.g., discharge,
					 storage, tidal, and other recurrent water elevation data);
(ii) vegetative characteristics (e.g.,
					 location, presence, absence destruction of terrestrial or aquatic
					 vegetation);
(iii) physical
					 characteristics (e.g., clear natural line impressed on a bank, scouring,
					 shelving or the presence of sediments, litter or debris); and
(iv) other appropriate means that consider
					 the characteristics of the surrounding area.
(11) Mooring. Means a float, buoy, chain,
					 cable, rope, pile, spar, dolphin or any other device or combination of devices
					 which is anchored or fixed in State-owned lands underwater, to which a
					 boat/vessel may be made fast.
(12)
					 Mooring facility. Means a collection of 10 or more individual moorings located
					 within a definable area of State-owned lands underwater and under single
					 ownership or control or under a common scheme or plan.
(13) Net annual income. As used in the
					 statute, income derived from earnings or rental of structures on State-owned
					 lands underwater after deduction for associated operating and maintenance
					 expenses and excluding earnings derived from operations not directly associated
					 with the rental of such structures such as but not limited to the sale and
					 repair of boats, the sale of gasoline.
(14) Noncommercial use. Means a use which
					 does not involve the sale, rental or distribution of facilities, goods,
					 equipment, services or commodities, either retail or wholesale, or the
					 provision of recreational facilities for a fee.
(15) Original mean low water and original
					 mean high water. Means the original average low-water level or high-water level
					 for a given body of water at a given location prior to the placement of fill
					 for the purpose of determining ownership of lands formerly underwater, as such
					 level may be determined from prior survey, historical maps, photographs and
					 similar sources.
(16) Perimeter.
					 Means a boundary of a marina, mooring or structure(s) consisting of a series of
					 connected imaginary lines on a planimetric map and which encompass all related
					 structures such as docks, bulkheads, breakwaters, pilings, piers, platforms or
					 moorings that function together to create a facility or area at which boats may
					 be docked or moored.
(17) Pier. A
					 nonfloating fixed platform usually extending out over the water from the
					 shore.
(18) Residential use. Means
					 a use of State-owned land underwater which is accessory to single or double
					 family occupancy and does not include condominiums and cooperative forms of
					 ownership, residential multi-lot subdivisions and keyhole
					 developments.
(19) SEQRA. Means the
					 State Environmental Quality Review Act, which is article 8 of the Environmental
					 Conservation Law and regulations promulgated thereunder.
(20) Slip. A berthing space for a
					 boat.
(21) Special use. Means the
					 use of State-owned lands underwater associated with condominiums and
					 cooperative forms of ownership, residential multi-lot subdivisions and keyhole
					 developments.
(22) State-owned
					 lands underwater. Means those lands now or formerly underwater or periodically
					 subject to the ebb and flow of the tides, any right, title or interest to which
					 is in the State of New York.
(23)
					 Structure. Means anything constructed, erected, anchored, suspended, placed in,
					 on or above State-owned lands underwater or any object constructed, erected,
					 anchored, suspended or placed on those lands other than cables, conduits,
					 pipelines and hydroelectric facilities.
(24) Substantially (replaced, altered, etc.).
					 Means replacement, alteration, modification, enlargement or expansion in, on or
					 above State-owned lands underwater that causes the wharf, dock, pier, jetty,
					 platform, breakwater, mooring or other structure to exceed the thresholds set
					 forth in section 75, subdivision 7 (b)  of the Public Lands Law.
(25) Water dependent activity. Means an
					 activity which can only be conducted in, on, above or adjacent to a water body
					 because such activity requires direct access to that water body and which
					 involves, as an integral part of such activity, the use of the water.
(26) Wharf. Means a structure built or
					 maintained for the purpose of providing a berthing place for vessels.