19 CRR-NY 603.2NY-CRR
19 CRR-NY 603.2
19 CRR-NY 603.2
603.2 Eligibility and authority.
Subject to review and approval by the Secretary of State:
(a)
(1) A city, town or village may adopt an HMP to regulate the surface waters and underwater lands within the city, town or village, or bounding it to a distance of 1,500 feet from shore, whichever is greater.
(2) Determination of the line from which the 1,500 feet shall be measured shall be made as follows:
(i) where the shore is generally even, the 1,500 feet shall be measured from the mean low water line;
(ii) where the shore is uneven because of indentations such as coves, small bays, inlets or similar conditions, the 1,500 feet shall be measured from a straight line drawn across the indentation from the two points representing the furthest waterward extent of the mean low water line on either side of the indentation. Any water area and underwater lands landward of this line will, however, be subject to harbor management planning and regulation pursuant to this Part;
(iii) where an offshore island is part of a municipality, the 1,500 feet shall be measured from the mean low water line surrounding the island;
(iv) in all instances, the area between the mean low water and mean high water lines shall also be subject to HMP coverage; and
(v) whenever necessary the Secretary shall make a determination of the bounds of an HMP area, based upon written findings which take into account the size of the waterbody; existing municipal regulation of waters and underwater lands; the avoidance of conflicts among local, State and Federal governments; and other relevant considerations.
(b) Subject to the written approval of the Secretary of State, the local legislative body of such city or town may adopt, amend and enforce local laws or ordinances, and a village may adopt, amend and enforce local laws to implement the HMP. Such local laws or ordinances may provide fees for reasonable expenses incurred in carrying out this authority. Proposed local laws and ordinances to implement the HMP shall be submitted to the Secretary of State for approval in accordance with the provisions of section 922 of the Executive Law and section 603.5 of this Part.
(c)
(1) Municipalities on lakes, excepting those on lakes identified in section 911(4) of the Executive Law, may develop cooperative lakewide LWRPs and HMPs, and may adopt, amend and enforce local laws or ordinances to implement such plans.
(2) In the absence of a cooperative lakewide LWRP and HMP prepared by all of the municipalities on such lake, a municipality may still adopt and have approved an LWRP and HMP, and may adopt, amend and enforce local laws or ordinances to implement the HMP, provided the Secretary of State finds, in approving such local laws or ordinances, that it is consistent with the management of the lake by, and the interests of, the lake residents and its municipalities as a whole.
(3) Such local laws or ordinances shall also be consistent with the plans of any organization created by statute to provide lakewide planning or regulation.
(d) As provided in section 119-o of the General Municipal Law, other municipalities may adopt cooperative HMPs and may adopt, amend and enforce local laws or ordinances to cooperatively implement such plans.
19 CRR-NY 603.2
Current through October 31, 2021
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