New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-1 - Docks, Wharfs, Moorings and Marinas › Section 646-1.6 - Miscellaneous provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Prior to granting any permit relative to a dock, wharf, mooring or marina, the
					 commission shall ascertain the probable effect of the proposed facility and the
					 operation thereof on the health, safety and welfare of the public and on the
					 resources of the park. The commission shall also ascertain the impact of the
					 proposed facility upon the congestion of Lake George and the probable visual,
					 cultural and audible effects of the proposed facility on the neighborhood in
					 which the facility is proposed and on the park. Where the commission determines
					 that the facility will have an undue impact upon the health, safety, or welfare
					 of the public or the resources of the park, lead to overcrowding or congestion,
					 or cause undue visual, cultural or audible impacts on the neighborhood or the
					 park, a permit shall be denied.
(b)
					 Any person owning, operating, or constructing a dock, wharf or mooring, shall
					 be responsible for the complete removal of pilings, cribs, chains and blocks,
					 floats and/or any other related components which are abandoned or fall into
					 disuse.
(c) All persons shall
					 comply with all conditions issued with any permit issued for the construction,
					 operation or use of a dock, wharf, mooring or marina. Failure to comply with
					 any such condition shall be a violation and grounds for the immediate
					 revocation of the permit and/or the imposition of a fine for each day from the
					 date the violation first occurred until the violation is corrected.
(d) A permit shall not be required for
					 maintenance and repair of an existing dock, wharf or mooring if such repairs do
					 not alter the size or shape of the dock or wharf. All repairs must conform to
					 the requirements of this Subpart.
(e) Any change in use of an existing marina
					 which increases the number and/or types of vessels serviced shall require a
					 modification to any previously issued permit.
(f) Prior to the issuance of any permit which
					 involves the commercial use of a dock, wharf or mooring, or the registration of
					 any such facility, the commission shall require the applicant to certify that
					 the facilities and associated land uses are in compliance with applicable
					 provisions of state and local laws, ordinances, rules and
					 regulations.
(g) No person shall
					 clean any vessel with chemicals or detergents where runoff into or
					 contamination of the waters of the park is likely to occur.
(h) No person shall launch a vessel into or
					 remove a vessel from the waters of the park without inspecting the vessel and
					 its trailer, if any, to ensure the detection of marine growth, including
					 macrophytes (weeds), or any other hull contamination, and removing said growth
					 and disposing of it so as to ensure that it is not discharged into the waters
					 of the park.
(i) No person shall
					 launch any vessel into the waters of the park, or operate a vessel on the
					 waters of the park, which is not permanently sealed to prevent the discharge of
					 wastewater into the waters of the park.
(j) No permit shall be issued under sections
					 646-1.1
					 and
					 646-1.2  of this
					 Subpart, and no facility shall be registered under section
					 646-1.3  of this
					 Subpart unless the applicant demonstrates that the requirements of those
					 sections have been complied with. If, during the life of the registration or
					 permit the dock, wharf or mooring, or marina, ceases to meet the requirements
					 of this Subpart, the registration or permit shall be subject to immediate
					 revocation and the owner or operator shall be subject to the imposition of a
					 fine for each day until the violation is corrected.
(k) No vessel shall be berthed at a dock,
					 wharf or mooring without the prior consent of the adjoining landowner so as to
					 encroach beyond the adjacent property line extended into the lake on the same
					 axis as the property line runs onshore where it meets the lake, or at a right
					 angle to the mean high-water mark, whichever results in the lesser
					 setback.
(l) No person shall
					 operate or put to use a commercial dock, wharf, mooring, Class A marina or
					 Class B marina without implementing a maintenance program sufficient to keep
					 all docks, wharves, adjacent shoreline, water and lake bottom clean of
					 debris.
(m) The construction of a
					 dock, wharf or mooring may also require a permit from other agencies, including
					 the following: the department; the U.S. Army Corps of Engineers; in certain
					 locations, a wetlands permit or a land use permit from the APA; and/or
					 municipal zoning approval.