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 › Introduction › Section 505.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following terms used in this Part have the meaning
						indicated, unless the context clearly requires otherwise:
(a) Act means the Coastal Erosion Hazard
					 Areas Act [FN*] which has been codified as article 34 of the Environmental
					 Conservation Law, as amended.
(b)
					 Appurtenance means a minor or accessory structure attached to or placed near a
					 principal structure.
(c) Beach
					 means the zone of unconsolidated earth that extends landward, from the mean
					 low-water line, to the seaward toe of a dune or bluff, whichever is most
					 seaward. Where no dune or bluff exists landward of a beach, the landward limit
					 of a beach is 100 feet landward from the place where there is a marked change
					 in material or physiographic form or from the line of permanent vegetation,
					 whichever is most seaward. Shorelands subject to seasonal or more frequent
					 overwash or inundation are considered to be beaches.
(d) Bluff means any bank or cliff with a
					 precipitous or steeply sloped face adjoining a beach or a body of water. The
					 seaward limit of a bluff is the landward limit of its seaward natural
					 protective feature. Where no beach is present the seaward limit of a bluff is
					 mean low water. The landward limit is 25 feet landward of the bluff's receding
					 edge, or in those cases where there is no discernible line of active erosion to
					 identify the receding edge, 25 feet landward of the point of inflection on the
					 top of the bluff. (The point of inflection is that point along the top of the
					 bluff where the trend of the land slope changes to begin its descent to the
					 shoreline.)
(e) Coastal erosion
					 hazard area map means the final map issued by the commissioner which delineates
					 the boundaries of erosion hazard areas subject to regulation under this
					 Part.
(f) Coastal erosion
					 management permit means the written approval required by this Part for the
					 undertaking of any regulated activity within erosion hazard areas as shown on
					 coastal erosion hazard area maps.
(g) Coastal waters means Lakes Erie and
					 Ontario, the St. Lawrence and Niagara Rivers, the Hudson River south of the
					 Federal Dam at Troy, the East River, the Harlem River, the Kill van Kull and
					 Arthur Kill, Long Island Sound and the Atlantic Ocean, their connecting water
					 bodies, bays, harbors, shallows and wetlands.
(h) Coastline means the lands adjacent to the
					 State's coastal waters.
(i)
					 Commissioner means the Commissioner of Environmental Conservation or his duly
					 authorized representative.
(j)
					 Debris line means a linear accumulation of waterborne debris deposited by high
					 waters on a beach.
(k) Department
					 means the Department of Environmental Conservation.
(l) Dune means a ridge or hill of loose,
					 windblown, or artificially placed earth, the principal component of which is
					 sand.
(m) Emergency means a natural
					 or an accidental human-made event which presents an immediate threat to life,
					 health, safety, property or the environment.
(n) Erosion means the loss or displacement of
					 land along the coastline due to the action of waves, currents, tides,
					 wind-driven water, waterborne ice, or other impacts of storms. It also means
					 the loss or displacement of land due to the action of wind, runoff of surface
					 waters, or groundwater seepage.
(o)
					 Erosion hazard area means an area of the coastline which is:
(1) a structural hazard area; or
(2) a natural protective feature
					 area.