reglab/statecodes huggingface dataset:
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 270-7 - Statutory Thresholds: Exemptions › Section 270-7.1 - Exemption: criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Commercial structures constructed prior to June 17, 1992 of any size or use are
					 not exempt under this Part, and must apply for a lease, easement, permit or
					 lesser interest in State-owned lands underwater. However, the following
					 structures shall be exempt from the requirements of this Part:
(1) existing noncommercial structure
					 constructed by or on behalf of the owner prior to June 17, 1992, containing a
					 surface area (outermost perimeter) less than 5,000 square feet or less and if a
					 docking facility has a capacity of seven or fewer boats up to 30 feet in
					 length;
(2) any water dependent
					 structure constructed after June 17, 1992 containing a surface area (outermost
					 perimeter) of less than 4,000 square feet and not exceeding 15 feet in height
					 (above mean high water) and, if a docking facility, has the capacity for five
					 or fewer boats up to 30 feet in length and if a mooring facility has a capacity
					 of fewer than 10 boats up to 30 feet in length;
(3) the relocation or reconfiguration within
					 the described perimeter of the dock, piles, ramps and like structures
					 authorized by lease, easement, permit or lesser interest provided such
					 relocation or reconfiguration does not interfere with the riparian or littoral
					 rights of adjacent upland owners; and
(4) nothing in these regulations shall be
					 construed to mean that structures below the thresholds constitute a valid and
					 reasonable exercise of riparian or littoral rights.
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 270-7 - Statutory Thresholds: Exemptions › Section 270-7.2 - Date of structure-proof required

Current through Register Vol. 46, No. 28, July 10, 2024
The Commissioner of General Services in determining
						qualifications for exemption from the statute may require proof of the date of
						construction including but not limited to regulatory permits, construction
						contracts and/or affidavits of the applicant detailing the age and date of
						construction of the structure.
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 270-7 - Statutory Thresholds: Exemptions › Section 270-7.3 - Fill-lands underwater-interest of the state

Current through Register Vol. 46, No. 28, July 10, 2024
The Commissioner of General Services shall not require
						the person or entity who was the upland owner on June 17, 1992 adjacent to
						filled State-owned lands underwater or formerly underwater, to make application
						for a lease, easement, permit or other interest pursuant to section 75  of the
						Public Lands Law. The exemption provided in this section does not in any way
						impair or diminish the title of the State of New York to the lands previously
						filled. Upland owners may apply for a grant of such lesser interest as may be
						required to allow conveyance of a marketable title of the adjacent upland or to
						resolve outstanding title questions. Fill placed in State-owned lands
						underwater after June 17, 1992 will require a grant, easement, lease, permit or
						lesser interest pursuant to section 75  of the Public Lands Law may be
						considered a trespass pursuant to section 8  of the Public Lands Law. The
						Commissioner of General Services may require upland owners not otherwise exempt
						to apply for conveyance of the interest of the State in such filled land upon
						application to the Office of General Services for a grant, lease, easement,
						permit or lesser interest of any parcel of State-owned land adjoining said
						filled area. The area of the fill on State-owned lands shall be established by
						a licensed surveyor.
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 270-7 - Statutory Thresholds: Exemptions › Section 270-7.4 - Lake George: coordination of programs

Current through Register Vol. 46, No. 28, July 10, 2024
Structures not exempted by this Part and located in, on
						or over State-owned lands underwater at Lake George and complying with
						Environmental Conservation Law article 43 and accompanying regulations shall be
						exempt from this Part, except in those cases where in the judgment of the
						commissioner and the Lake George Park Commission, a review of the structure
						pursuant to this Part will assist in the protection and preservation of Lake
						George Park and the State's proprietary interest, then in such event the
						commissioner shall assist the Lake George Park Commission by providing services
						including but not limited to examination of title and/or issuance of an
						easement, lease, permit or lesser interest for a fee determined, pursuant to
						this Part with an appropriate credit for fees paid to the Lake George Park
						Commission.
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 270-8 - Cessions Of Jurisdiction › Section 270-8.1 - Cessions of jurisdiction

Current through Register Vol. 46, No. 28, July 10, 2024
The Commissioner of General Services may make cessions of
						jurisdiction involving the United States of America on State-owned lands
						underwater pursuant to the procedures set forth in section 75 (8)  of the Public
						Lands Law and article 3 of the State Law.
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 270-9 - Transfers Of Jurisdiction › Section 270-9.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to the provisions of section 3, subdivision 4 and section 75 (7a)  of the Public Lands Law, upon the application of any State
						department or a division, bureau or agency thereof, or upon the application of
						any State agency, the commissioner may transfer to such State department
						State-owned lands underwater to such agency for the purpose of protecting
						environmentally sensitive lands underwater. The transfer of jurisdiction may be
						made even if the State agency is not the proprietor of the adjacent upland but
						shall be subject to the provisions of section 75 (9)  of the Public Lands Law.
						The agency requesting the transfer of jurisdiction shall submit a findings with
						its transfer application explaining the reasons why the subject lands require
						protection, describing the environmental sensitivity of the
						lands.
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 270-10 - Enforcement Procedure › Section 270-10.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply in all civil administrative
						enforcement proceedings brought pursuant to Public Lands Law article 6 by the
						commissioner against an alleged violator of Public Lands Law article 6, or
						rules or regulations promulgated thereunder, or any determination or orders
						issued by the commissioner.
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 270-10 - Enforcement Procedure › Section 270-10.2 - Notice of violation and hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All civil enforcement proceedings shall
					 be initiated by service upon the respondent of a written notice of violation
					 and hearing. The notice of violation and hearing shall contain a statement of
					 the legal authority and jurisdiction including the provisions of section 75 (7)(g)(i)  of the Public Lands Law, a description of the prohibited structure,
					 occupation or area of fill, the amount of the penalty and any additional daily
					 penalties imposed by said statute, and notice of hearing on the alleged
					 violation.
(b) The notice of
					 hearing shall specify the time and place of the hearing and shall set a date
					 for a hearing not earlier than 20 days after service of notice of violation and
					 hearing. In lieu of a hearing date, a notice of hearing may set a return date
					 not less than seven days after service, at which time a hearing date will be
					 set if the matter is not disposed of at that time.
(c) Service of a notice of violation and
					 hearing shall be by certified mail and service shall be complete when the
					 notice of violation and hearing is received by the respondent.
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 270-10 - Enforcement Procedure › Section 270-10.3 - Answer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 20 days
					 of receipt of the notice of violation and hearing, but no later than five days
					 before the date of the hearing, whichever is shorter, the respondent shall
					 serve upon the commissioner an answer, signed by the respondent or his
					 attorney.
(b) The respondent shall
					 specify in the answer which allegations are admitted, which allegations are
					 denied and which allegations the respondent lacks sufficient information upon
					 which to form an opinion as to the allegation.
(c) The respondent's answer may contain
					 affirmative defenses, in which event the answer shall contain a statement of
					 any facts which constitute the grounds of the affirmative defense.
(d) The failure to file an answer or the
					 failure by the respondent to appear on the return date or at the hearing shall
					 constitute a default and a waiver of hearing upon proof of service of a notice
					 of violation and hearing.
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 270-10 - Enforcement Procedure › Section 270-10.4 - Service of papers

Current through Register Vol. 46, No. 28, July 10, 2024
All notices, papers and intermediate process connected
						with a hearing, other than the notice of violation and hearing and the order
						containing the final determination of the commissioner, may be served by
						ordinary mail. Except where otherwise specifically provided, service by
						ordinary mail shall be complete when mailed.
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 270-10 - Enforcement Procedure › Section 270-10.5 - Discovery

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notice to
					 produce. A party to a hearing under this Part, upon receipt of notice to
					 produce documents and things from any other party, shall furnish all such
					 requested items relevant to the proceeding within 10 days of receipt of such
					 notice.
(b) Subpoenas. Consistent
					 with the CPLR, any attorney of record in a proceeding under this Part, or any
					 person designated by the commissioner for this purpose shall have the power to
					 issue subpoenas. A party who is not represented by an attorney may request the
					 hearing officer to issue a subpoena by submitting a petition stating the items
					 or witnesses needed by the party to present its case.
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 270-10 - Enforcement Procedure › Section 270-10.6 - Stipulations and consent orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At any time prior to the final
					 determination by the commissioner, the director of the Division of Land
					 Utilization, with the advise and consent of the counsel to the commissioner,
					 may enter into a stipulation to resolve an issue of fact or law pending in a
					 proceeding initiated by the commissioner.
(b) At any time, the commissioner may enter
					 into a consent order with a respondent, whereby the latter agrees to
					 discontinue the acts or practices which violate article 6 of the Public Lands
					 Law or rules or regulations promulgated thereunder, or any determination or
					 order issued by the commissioner, and provide such other and further relief to
					 which the respondent may agree. Such consent order shall be admissible as
					 evidence to provide the basis for a finding of fact in any subsequent
					 proceeding brought by the commissioner against such respondent involving the
					 same or similar violation(s).
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 270-10 - Enforcement Procedure › Section 270-10.7 - Hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 commissioner may appoint a hearing officer who shall preside over such hearing
					 and report to the commissioner regarding the hearing.
(1) The hearing officer shall conduct the
					 hearing in a fair and impartial manner.
(2) Subject to review by the commissioner
					 upon receipt of the hearing officer's report, the hearing officer shall have
					 power to:
(i) rule upon motions and
					 requests;
(ii) set the time and
					 place of hearing;
(iii) administer
					 oaths and affirmations;
(iv) issue
					 subpoenas requiring the attendance and testimony of witnesses and the
					 production of books, records, contracts, papers and other evidence;
(v) summon and examine witnesses;
(vi) admit or exclude evidence;
(vii) hear argument on facts or law;
					 and
(viii) do all acts and take all
					 measures necessary for the maintenance of order and efficient conduct of the
					 hearing.
(3) The
					 designation of a hearing officer shall be in writing and filed with the
					 commissioner.
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 270-10 - Enforcement Procedure › Section 270-10.8 - Report

Current through Register Vol. 46, No. 28, July 10, 2024
Following the close of the record, including receipt of
						the transcript, if any, the hearing officer shall prepare and submit to the
						commissioner a hearing report, which shall become part of the
						record.
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 270-10 - Enforcement Procedure › Section 270-10.9 - Final determination and order

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After receipt of the hearing officer's
					 report, the commissioner shall make a final determination based upon the
					 record.
(b) The final determination
					 shall be embodied in a final order which shall contain findings of fact and
					 conclusions of law or reasons for the final determination, and which may
					 provide for:
(1) the dismissal of
					 charges;
(2) an assessment of
					 penalties consistent with applicable provisions of article 6 of the Public
					 Lands Law;
(3) a direction for
					 abatement;
(4) a combination of any
					 or all of the foregoing; or
(5) any
					 determination deemed appropriate under the circumstances, consistent with
					 applicable provisions of article 6 of the Public Lands Law, or the rules and
					 regulations promulgated thereunder, or any determination or order issued by the
					 commissioner.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 271 - Grant Of Easement In Lands Underwater For Cables, Conduits, Pipelines, Hydroelectric Power › Section 271.1 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 271 - Grant Of Easement In Lands Underwater For Cables, Conduits, Pipelines, Hydroelectric Power › Section 271.2 to 271.5 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 271 - Grant Of Easement In Lands Underwater For Cables, Conduits, Pipelines, Hydroelectric Power › Section 271.6 to 271.7 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 271 - Grant Of Easement In Lands Underwater For Cables, Conduits, Pipelines, Hydroelectric Power › Subpart 271-1 - Application Procedures; Fees › Section 271-1.1 - Applications

Current through Register Vol. 46, No. 28, July 10, 2024
An application for a grant of an easement for cables,
						conduits, pipelines and hydroelectric power and appurtenant structures pursuant
						to subdivision 2 of section 3  of the Public Lands Law shall be made to the
						Commissioner of General Services and shall state the full name and address of
						the applicant (if a corporation, the state in which incorporated and the
						address of its principal office and place of business). It shall also describe
						the existing or proposed structures placed or to be placed upon the land
						applied for and the current or proposed use of the
						structures.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 271 - Grant Of Easement In Lands Underwater For Cables, Conduits, Pipelines, Hydroelectric Power › Subpart 271-1 - Application Procedures; Fees › Section 271-1.2 - Documents to be submitted

Current through Register Vol. 46, No. 28, July 10, 2024
The following documents shall be submitted with the
						application for easement:
(a) a plan
					 and profile showing the existing or proposed work or structure;
(b) a map made by a licensed land surveyor
					 and/or professional engineer pursuant to section 7208 of the New York State
					 Education Law showing the location of the pipeline, cable, conduit, the upland
					 property of the applicant and those of adjoining properties along the
					 waterfront;
(c) a metes and bounds
					 or centerline description, as appropriate, of the lands applied for including
					 the desired width of the proposed easement. The centerline shall be described
					 with reference to permanent tie points or monuments on the shore;
(d) a certified copy of the deed(s) of the
					 applicant's adjacent upland or the consent of the owner of such adjacent upland
					 together with a certified copy of the deed(s) thereto;
(e) a copy of adjoining shorefront deed(s)
					 and a copy of the applicable tax map section;
(f) a duplicate copy of any permit or letter
					 issued by the U.S. Department of the Army Corps of Engineers;
(g) a completed environmental assessment
					 form, if applicable;
(h) other
					 satisfactory evidence of compliance with the State Environmental Quality Review
					 Act;
(i) the commissioner may
					 require such additional submissions as may be necessary for review of the
					 application; and
(j) affidavits of
					 service of notice of application as required by section 271- 1.3 of this
					 Subpart.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 271 - Grant Of Easement In Lands Underwater For Cables, Conduits, Pipelines, Hydroelectric Power › Subpart 271-1 - Application Procedures; Fees › Section 271-1.3 - Service of notice of application

Current through Register Vol. 46, No. 28, July 10, 2024
If the application is for a cable, conduit or pipeline,
						the applicant shall serve a notice of application for such grant on the city,
						town or village in which the land is situated and upon the owner(s) of
						properties immediately adjoining along the shorefront where the cable, conduit
						or pipeline enters and leaves the water. Such notice of application shall state
						the date on which the application will be made to the Commissioner of General
						Services and shall contain a description of the land underwater applied for,
						the use of the land underwater applied for, and directions that all objections
						to such grant shall be filed with the Division of Land Utilization on or before
						the date such application will be made. All such notices shall be served at
						least 20 days before the date such application will be made. Affidavits of
						service of such notice shall be filed with the application.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 271 - Grant Of Easement In Lands Underwater For Cables, Conduits, Pipelines, Hydroelectric Power › Subpart 271-1 - Application Procedures; Fees › Section 271-1.4 - Special requirements for hydroelectric easements

Current through Register Vol. 46, No. 28, July 10, 2024
The applicant shall serve a notice of application for
						such grant upon owner(s) of properties immediately adjoining or adjacent to the
						project area. Such notice of application shall state the date on which the
						application will be made to the Commissioner of General Services and shall
						contain a description of the land underwater applied for, the use of the land
						underwater applied for, and directions that all objections to such grant shall
						be filed with the Division of Land Utilization on or before the date such
						application will be made. All such notices shall be served at least 20 days
						before the date such application will be made. Affidavits of service of such
						notice shall be filed with the application. The application shall contain a
						description of the project area and a reproducible map prepared by a licensed
						land surveyor and/or professional engineer pursuant to section 7208 of the New
						York State Education Law showing the proposed easement area. The applicant
						shall submit with the application an abstract of title or title search of the
						proposed easement area together with a license issued by the Federal Energy
						Regulatory Commission for the hydroelectric project.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 271 - Grant Of Easement In Lands Underwater For Cables, Conduits, Pipelines, Hydroelectric Power › Subpart 271-1 - Application Procedures; Fees › Section 271-1.5 - Covenants to be contained in grants of easement in land under the waters of the niagara river

Current through Register Vol. 46, No. 28, July 10, 2024
All grants of easement of land under the waters of the
						Niagara River hereafter made by the State shall contain the following
						provisions:
"The Grantee, hereby covenants with The People of the
						State of New York, their successors and assigns, that the Grantee, his heirs,
						distributees, successors in interest, legal representatives and assigns, will
						forever release the State and Power Authority of the State of New York, their
						respective successors and assigns, of and from any and all claims for damages
						or loss occurring to the easement rights hereby conveyed arising out of, or by
						reason of, or occasioned at any time or times by, the control or regulation of
						the waters of the Niagara River by the State or Power Authority of the State of
						New York in the interests of commerce including navigation, the development of
						hydroelectric power or the preservation and enhancement of the scenic beauty of
						the Niagara River, and Grantee further covenants that Grantee, his heirs,
						distributees, successors, in interest, legal representatives and assigns, will
						not make claim against or sue the State or Power Authority of the State of New
						York, their successors in interest or assigns, or any of them, for or on
						account of any cause of action, claim or demand of any kind whatsoever by
						reason of any such damages or loss. The foregoing covenants shall in no event
						be construed to be an admission on the part of the State or Power Authority of
						the State of New York that they are legally responsible for any damage or loss
						to any adjoining land by reason of or arising from the control or regulation of
						the waters of the Niagara River."
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 271 - Grant Of Easement In Lands Underwater For Cables, Conduits, Pipelines, Hydroelectric Power › Subpart 271-1 - Application Procedures; Fees › Section 271-1.6 - Covenants to be contained in grants of easement in land under the waters of the st. lawrence river

Current through Register Vol. 46, No. 28, July 10, 2024
All grants of easement in land under the waters of the
						St. Lawrence River hereafter made by the State shall contain the following
						provisions:
"The Grantee hereby covenants with The People of the
						State of New York, their successors and assigns, that the Grantee, his heirs,
						distributees, successors in interest, legal representatives and assigns, will
						forever release the State and Power Authority of the State of New York, their
						respective successors and assigns, of and from any and all claims for damages
						or loss occurring to the easement rights hereby conveyed arising out of, or by
						reason of, or occasioned at any time or times by, the control or regulation of
						the waters of the St. Lawrence River by the State or Power Authority of the
						State of New York in the interests of commerce including navigation, the
						development of hydroelectric power or the preservation and enhancement of the
						scenic beauty of the river or in the interest of public recreation and of fish
						and wildlife resources and Grantee further covenants that Grantee, his heirs,
						distributees, successors in interest, legal representatives and assigns, will
						not make claim against or sue the State or Power Authority of the State of New
						York, their successors in interest or assigns, or any of them for or an account
						of any cause of action, claim or demand of any kind whatsoever by reason of any
						such damage or loss. The foregoing covenants shall in no event be construed to
						be an admission on the part of the State or Power Authority of the State of New
						York that they are legally responsible for any damage or loss to any adjoining
						land by reason of or arising from the control or regulation of the waters of
						the St. Lawrence River."
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 271 - Grant Of Easement In Lands Underwater For Cables, Conduits, Pipelines, Hydroelectric Power › Subpart 271-1 - Application Procedures; Fees › Section 271-1.7 - Fees: appraisal

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Fees for cables, conduits, pipelines and
					 like facilities shall be determined using a rate per lineal foot which shall be
					 established by the commissioner and adjusted annually on April 1st based upon
					 the United States Department of Labor consumer price index (CPI-W). The term of
					 easement for cables, conduits, pipelines and like facilities shall be 25 years
					 and the standard width of such easements shall be 30 feet, unless otherwise
					 determined by the commissioner. Upon the effective date of these regulations,
					 the fee for cables, conduits, pipelines and like facilities shall be $12.74 per
					 lineal foot. Annual adjustments in the fee per lineal foot will be available
					 upon request from the Office of General Services, Division of Land Utilization.
					 The commissioner may mitigate the fee for those cables, conduits, pipelines and
					 like facilities which are determined to be for the purpose of connecting
					 individual service.
(2) The fee for
					 municipal water and sewer conduits or pipelines shall be 25 percent of the rate
					 determined in this section and may be granted for a term of 50 years.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 272 - License For Removal Of Material From Lands Under Water › Section 272.1 - Applications and necessary documents

Current through Register Vol. 46, No. 28, July 10, 2024
All applications for a license to remove sand, gravel
					 and/or other materials from State-owned lands under water pursuant to
					 subdivision 5 of section 3  of the Public Lands Law shall be in the form of a
					 letter addressed to the Commissioner of General Services, Albany, New York,
					 Attention: Bureau of Surplus Real Property. Each application must set forth:
					 the full and complete name and address of the applicant; the full name of the
					 dredge to be involved in connection with the license being sought; the port of
					 registry or home port of such dredge; the full and complete name and address of
					 the owner or owners of such dredge; and the area to be dredged. With each
					 application there must be submitted a duplicate of any permit required for the
					 proposed dredging, by the U.S. Department of the Army, Corps of
					 Engineers.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 272 - License For Removal Of Material From Lands Under Water › Section 272.2 - Fee

Current through Register Vol. 46, No. 28, July 10, 2024
Each application shall be accompanied by a certified check,
					 payable to the Commissioner of General Services, State of New York, for the sum
					 of $50 to cover the cost and expenses of the investigation incident to such
					 application. This payment shall be considered a fee and no part of such payment
					 shall be refunded.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 272 - License For Removal Of Material From Lands Under Water › Section 272.3 - Hold harmless clauses

Current through Register Vol. 46, No. 28, July 10, 2024
Licensees shall release and save harmless the people of the
					 State of New York from any and all damages, claims for damages or suits that
					 may arise or occur directly or indirectly as a result of any operation carried
					 on under and pursuant to said license. Licensees shall release the State from
					 any and all claims, damages and/or rights of action which shall accrue to the
					 licensee or any of its employees or agents that may arise or occur directly or
					 indirectly as a result of any operation carried on under or pursuant to said
					 license. Licensee at his own expense shall defend any and all suits against the
					 State of New York which may be brought by third parties as a result of any
					 operation carried on pursuant to or in accordance with the terms of such
					 license.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 272 - License For Removal Of Material From Lands Under Water › Section 272.4 - Right of inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Each licensee shall permit authorized representatives of
					 the Commissioner of General Services to have full, free and untrammeled access
					 to all vessels, yards, buildings, structures and erections of every name,
					 nature, character and description used in connection with the operations
					 carried on under said license, and shall accord full, free and untrammeled
					 inspection and examination of all records and books of account kept in
					 connection with said operations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 272 - License For Removal Of Material From Lands Under Water › Section 272.5 - Consideration

Current through Register Vol. 46, No. 28, July 10, 2024
The licensee shall pay the State for the privilege granted
					 by such license at a per cubic yard rate for each and every cubic yard of
					 material taken under such license as shall be fixed and determined by the
					 Commissioner of General Services. On or before the 10th day of each and every
					 month that such license is in effect the licensee shall make payment to the
					 State for the privilege granted at the rate so fixed for the period ending on
					 the last day of the preceding month, payment to be made by certified check
					 payable to the Commissioner of General Services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 272 - License For Removal Of Material From Lands Under Water › Section 272.6 - Termination of license

Current through Register Vol. 46, No. 28, July 10, 2024
The authority conferred by a license may be terminated by
					 the Commissioner of General Services at any time for the failure on the part of
					 the licensee to comply with any of the terms or provisions of said license. In
					 the event of such termination, the license shall be deemed to have been
					 terminated on and after the date when the Office of General Services shall mail
					 to the licensee at the address given in his application a certified copy of the
					 order of the Commissioner of General Services directing such
					 termination.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 272 - License For Removal Of Material From Lands Under Water › Section 272.7 - Miscellaneous regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  license shall expire at the end of the calendar year in which issued unless the
				  same is issued subsequent to September 1st of any calendar year in which event
				  it shall expire at the end of the succeeding calendar year.
(b) Each license shall be accepted in writing
				  by the licensee before it shall become effective.
(c) No license may be assigned or transferred
				  without the written permission of the Commissioner of General
				  Services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 274 - Interference With Riparian Rights › Section 274.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
Section 32  of the Navigation Law provides that no person
					 may erect or replace a dock, wharf, pier, jetty, platform or other structure
					 built on floats, columns, open timber, piles or similar open-work supports in
					 navigable waters of the State which interferes with the free and direct access
					 of any other person without such person's written permission. This Part shall
					 apply in all administrative proceedings brought pursuant to section 32  of the
					 Navigation Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 274 - Interference With Riparian Rights › Section 274.2 - Parties

Current through Register Vol. 46, No. 28, July 10, 2024
A person (complainant) may file a written complaint with
					 the Commissioner of General Services (commissioner) stating that another
					 (respondent) has constructed or will construct a dock, wharf, pier, jetty,
					 platform or other similar structure built on floats, columns, open timber,
					 piles or similar open-work supports in navigable waters of the State which
					 interferes with the complainant's free and direct access to such waters to or
					 from the complainant's property, wharf, dock, or similar
					 structure.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 274 - Interference With Riparian Rights › Section 274.3 - Subject

Current through Register Vol. 46, No. 28, July 10, 2024
The complaint must involve a dock, wharf, pier, jetty,
					 platform or other similar structure and its interference with the complainant's
					 free and direct access to navigable waters of the State.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 274 - Interference With Riparian Rights › Section 274.4 - Complaint

Current through Register Vol. 46, No. 28, July 10, 2024
A complaint must include:
(a) Names and addresses of parties, name of
				  the water body involved and the municipality (city, village, town and county)
				  in which it is situated.
(b) Copies
				  of deeds to the properties or other documentary evidence of the basis of the
				  rights or interference claimed and tax map of the area.
(c) Map or drawing showing complainant's
				  waterfront, structures or facilities if any in the water or along the water's
				  edge and respondent's waterfront structures and the configuration of the
				  shoreline for 100 feet on either side of the complainant's frontage. Maps
				  should show property lines within 25 feet of the shore extending inland from
				  the waters edge and distances to scale.
(d) A statement in narrative form explaining
				  why the respondent's facilities do or will interfere with the complainant's
				  free and direct access to navigable water. The complainant must establish that
				  such person has the right to access which is being denied and that the actions
				  of the respondent constitute a denial of the exercise of that right.
(e) Copies of all applicable permits issued
				  by Federal, State and/or local agencies including Coastal Zone Management
				  consistency statements and zoning variances.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 274 - Interference With Riparian Rights › Section 274.6 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
In case any written complaint shall be filed with the
					 Commissioner of General Services and he shall have cause to believe, or in case
					 the commissioner shall have cause to believe, that any person is violating the
					 provisions of section 32  of the Navigation Law, the commissioner shall cause an
					 investigation to be made within 45 days. When the complaint has been reviewed
					 and found to be in proper form, a notice of approved complaint will be sent by
					 certified mail to the complainant and the respondent. The notice will include
					 the complaint, maps, other pertinent documentation and advice that a reply by
					 the respondent must be submitted within 60 days from the date of
					 mailing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 274 - Interference With Riparian Rights › Section 274.7 - First stage resolution

Current through Register Vol. 46, No. 28, July 10, 2024
Within 90 days of issuance of the notice of approved
					 complaint, commissioner's staff will review the information submitted and
					 will:
(a) recommend a resolution;
				  or
(b) upon stipulation of the
				  parties and withdrawal of the complaint, discontinue the investigation;
				  or
(c) specify additional
				  information, if any, to be submitted, schedule a meeting, or schedule a
				  hearing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 274 - Interference With Riparian Rights › Section 274.9 - Issuance of order

Current through Register Vol. 46, No. 28, July 10, 2024
Copy of the order will be mailed to each of the
					 parties.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 276 - Broker Commissions › Section 276.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
Subdivision 1 of section 33  of the Public Lands Law
					 authorizes the Commissioner of General Services to pay a commission, when
					 offered, to a licensed real estate broker upon sufficient evidence that said
					 broker brought about the sale of unappropriated State land. This Part
					 implements that authority and establishes standards and requirements pertaining
					 to such payment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 276 - Broker Commissions › Section 276.2 - Broker commission

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  commissioner shall make a determination, prior to sale of unappropriated State
				  land, whether a commission shall be made available to real estate brokers and,
				  if so, to what extent, where such commission is deemed to be necessary to
				  stimulate interest in a particular sale. In no event shall the rate of
				  commission exceed six percent of the purchase price of the realty being offered
				  for sale.
(b) In any such sale
				  where a broker commission is offered, notice as to the offer and extent of said
				  commission shall be included in the publication of any notice of sale
				  pertaining to the realty being offered for sale.
(c) A broker commission shall be paid only to
				  a broker who qualifies under and complies with the standards and requirements
				  of section 276.3 of this Part. Said
				  commission, if payable, shall not be paid prior to transfer of title from the
				  State to the purchaser. In the event such transfer of title does not occur for
				  any reason, no broker commission shall be paid.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 276 - Broker Commissions › Section 276.3 - Broker qualification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  broker commission shall be paid only to a real estate broker licensed as such
				  at the time the sale was procured for the purchaser.
(b) A broker seeking to qualify for a broker
				  commission under section
				  276.2(a) of this
				  Part shall, prior to the day of auction, file with the commissioner a copy of
				  such broker's real estate broker license along with a sworn affidavit stating,
				  in substance, the following:
(1) the name,
				  business address, affiliation and licensure status of said broker;
(2) the nature of the agreement between the
				  broker and the bidder-purchaser for procurement of the sale;
(3) in what manner the broker brought
				  knowledge of the auction to the bidder-purchaser;
(4) that no other commission is sought or
				  will be paid to the broker on the particular sale;
(5) that no part of the broker commission, if
				  paid by the commissioner, shall be paid to any other person, firm or legal
				  entity of any kind or nature, including the bidder-purchaser;
(6) that the bid in the particular sale is
				  made without collusion and with no attempt to restrict competition;
(7) that the broker is not the purchaser or a
				  stockholder, director, officer or partner of the bidder-purchaser;
(8) that the bidder-purchaser is not the
				  broker or stockholder, director, officer or partner of the broker;
				  and
(9) that the broker and the
				  bidder-purchaser have no common stockholder, director, officer or
				  partner.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 277 - Criteria For Payment Of Moving Expenses › Section 277.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
Section 27  of the Public Lands Law provides that the
					 Commissioner of General Services with the approval of the Director of the
					 Budget shall establish and may amend rules and regulations authorizing the
					 payment of reasonable and necessary moving expenses, actual direct losses,
					 certain actual expenses, supplemental relocation payments, loss of favorable
					 mortgage financing and closing costs to occupants of property acquired pursuant
					 to such law. The rules and regulations set forth in this Part shall apply to
					 moving expenses, supplemental relocation payments, loss of favorable mortgage
					 financing and closing costs to eligible persons caused by their displacement
					 from real property acquired pursuant to such law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 277 - Criteria For Payment Of Moving Expenses › Section 277.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Agency means
				  the State Office of General Services.
(b) Business means any lawful activity,
				  except a farm operation, that is conducted:
(1) primarily for the purchase, sale, lease
				  and rental of personal and real property, and for the manufacture, processing,
				  and/or marketing of products, commodities, or any other personal property;
				  or
(2) primarily for the sale of
				  services to the public; or
(3)
				  primarily for outdoor advertising display purposes, when the display must be
				  moved as a result of the project; or
(4) by a not-for-profit organization that has
				  established its not-for-profit status under applicable Federal or State
				  law.