New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 505 - Coastal Erosion Management › Department Regulation of Coastal Erosion Hazard Areas › Section 505.9 - Erosion protection structures

Current through Register Vol. 46, No. 28, July 10, 2024
Construction of erosion protection structures is
						expensive, often only partially effective over time, and may even be harmful to
						adjacent or nearby properties. In some areas of the coastline, major erosion
						protection structures of great length would be required to effectively reduce
						future damages due to erosion. However, in those instances where properly
						designed and constructed erosion protection structures will be likely to
						minimize or prevent damage or destruction to manmade property, private and
						public property, natural protective features, and other natural resources,
						construction of erosion protection structures may be allowed. In such cases,
						the construction, modification or restoration of erosion protection structures
						is subject to the following requirements:
(a) A coastal erosion management permit is
					 required for construction, modification or restoration of erosion protection
					 structures, including the modification or restoration of erosion protection
					 structures that were constructed without a coastal erosion management permit.
					 Normal maintenance of an erosion protection structure does not require a
					 coastal erosion management permit.
(b) All erosion protection structures must be
					 designed and constructed according to generally accepted engineering principles
					 which have demonstrated success or, where sufficient data is not currently
					 available, a likelihood of success in controlling long-term erosion. The
					 protective measures must have a reasonable probability of controlling erosion
					 on the immediate site for at least 30 years.
(c) A long-term maintenance program must be
					 included with every permit application for construction, modification or
					 restoration of an erosion protection structure. That program must include
					 specifications for normal maintenance of degradable materials and the periodic
					 replacement of removable materials.
(d) All materials used in such structures
					 must be durable and capable of withstanding inundation, wave impacts,
					 weathering, and other effects of storm conditions. Individual component
					 materials may have a working life of less than 30 years only when a maintenance
					 program ensures that they will be regularly maintained and replaced as
					 necessary to attain the required 30 years of erosion protection.
(e) The construction, modification or
					 restoration of erosion protection structures must:
(1) not be likely to cause any measurable
					 increase in erosion at the development site or other locations; and
(2) minimize, and if possible prevent,
					 adverse effects to natural protective features, existing erosion protection
					 structures, and natural resources such as significant fish and wildlife
					 habitats.