Section 645-7.2 Persons Required to Pay. Regulatory fees must be paid by each person not specifically exempted herein who:

(a) owns or constructs a dock, mooring or wharf within the Park, exclusive of Trout Lake; and

(b) uses on the waters of Lake George any mechanically propelled boat or vessel with a motor of ten horsepower or more [or any non-mechanically propelled boat or vessel eighteen feet or more in length].

Section 645-7.6 Dock, Mooring and Wharf Fees.

(a) No person shall use or construct a dock, wharf or mooring on the waters of the Park without paying the fee required by this Section.

(b) The owner of a dock, wharf or mooring used for residential purposes shall pay an annual fee of [$37.50] $50.00 for each such dock, wharf or mooring.

(c) The owner of an association dock, wharf or mooring shall pay an annual fee in the amount of [$37.50] $50.00 times the total number of units with deeded or contractual access to the association docks, wharfs or moorings, or the actual number of vessels capable of being docked or moored at the association docks, wharfs or moorings, whichever is less.

(d) The owner of a dock or wharf used for commercial purposes shall pay an annual fee of [three dollars and seventy-five cents ($3.75)] five dollars ($5.00) per useable linear foot for each such dock or wharf. Useable linear footage shall be measured as the distance along the longest side of any structure used as a dock or wharf, together with the length of the longest side of all lateral structures which extend from the dock or wharf and which are capable of sustaining foot traffic for access to and from vessels and/or for berthing vessels. No linear distance shall be counted twice for the purpose of determining the fee required pursuant to this paragraph. Docks or wharfs which connect to shore shall be measured from the point where the decking or walkway intersects the shore, but in no event beyond the mean high- water mark. For the convenience of the regulated community, examples of typical dock configurations and the applicable fees are provided in this Subdivision.

(e) The owner of a mooring used for commercial purposes shall pay an annual fee of [$75.00] $100 for each such mooring.

(f) The owner of a dock or wharf constructed on or after January 1, 1988 used for commercial purposes shall pay a first time fee of [$7.50] $10.00 per useable linear foot for each such dock or wharf. Useable linear footage shall be calculated in accordance with paragraph (d) of this Section. Such fee shall be payable prior to the issuance of a permit to construct the dock or wharf and shall be in lieu of the fee assessable pursuant to paragraph (d) of this Section for the calendar year in which such a permit is issued. Each successive year thereafter, the owner shall pay the fee required by paragraph (d) of this Section. This provision shall not apply to the replacement in kind of an existing dock or wharf, but shall apply to any modification, extension, or expansion of an existing dock or wharf.

(g) The owner of each quick launch facility shall, in addition to the fees assessable pursuant to other paragraphs of this Section, pay an annual fee of [$3.75] $5.00 per usable linear foot for the total useable linear footage of dry storage capacity at the quick launch subject to the following:

(1) Where the quick launch facility uses wet storage capacity exclusively for vessels which are quick launched, the total useable linear footage of such capacity shall be subtracted from the total useable linear footage of dry storage capacity to prevent the double assessment of storage capacity which is used by the same vessels; and

(2) Where a quick launch facility does not use a rack storage or other system where the useable linear footage of storage capacity is measurable, the owner shall pay an annual fee based upon the total estimated linear footage of the vessels to be stored during a calendar year. Such owners shall, prior to April 1st of each year, estimate the total linear footage of vessels to be stored during that calendar year and shall pay the fee required by this subparagraph based upon that estimate. The estimate required herein shall not be less than the total linear footage of vessels stored during the previous calendar year, unless the owner demonstrates why the amount should be less. The commission shall not be bound by such an estimate if its staff determines it to be unreasonable, in which event the staff may calculate the estimated fee. Any person who is required to pay a regulatory fee based upon an estimate shall, on or before October 1st of the year in which such an estimate is given, report to the commission on such forms as the commission may prescribe the actual linear footage vessels stored during that calendar year. Such reports shall be verified by the owner or operator. Any amount which is disclosed to be due and payable to the commission shall be due and payable on October 1st of such year and shall be subject to a penalty in accordance with the provisions of Section 645-7.4 of this Subpart if not paid within 30 days of such date. Any excess amount shall be credited against the regulatory fee due and payable for the next succeeding fiscal year. Any dispute over the computation of such a recalculated fee shall be resolved under the procedures of Section 645-7.5 of this Subpart.

(h) Upon the registration of a dock, wharf or mooring, the owner shall affix the registration placard provided by the commission to the structure in a manner that makes it visible from the lake, if possible.

Section 645-7.7 Boat Fees.

(a) No person shall use a vessel subject to a fee pursuant to this Section on the waters of Lake George without registering the vessel with the commission and paying the fee imposed by this Section. The registration and fees required by this Section shall be in addition to the registration fees otherwise provided by law.

(b) Any mechanically propelled boat or vessel with a motor of ten horsepower or more [and any non-mechanically propelled boat or vessel eighteen feet or more in length] used on [the waters of] Lake George shall be registered with the commission and the owner or operator shall pay an annual registration fee as follows:

(1) for boats less than twenty-one feet in length - [$30.00] $40.00;

(2) for boats twenty-one to twenty-five feet in length – [$37.50] $50.00;

(3) for boats over twenty-five feet in length – [$37.50 and] $50.00 plus $7.50 for each foot or part thereof by which the length exceeds twenty-five feet; and

(4) for boats over twenty-five feet in length which are outfitted for overnight use – [$37.50 and] $50.00 plus $30.00 for each foot or part thereof by which the overall length exceeds twenty-five feet.

(c) Boat length shall be the length overall of the boat measured as the distance from the transom to the bow.

(d) The owner or operator of any vessel which is berthed, used or operated on Lake George for less than 21 consecutive days and which is subject to annual registration and a fee pursuant to this Section may, in lieu of annual registration register the vessel with the commission for a single day and pay a fee of [$7.50] $12.00 for each day. Alternatively, any such person may, in lieu of annual registration register the vessel with the commission for seven consecutive days and pay a fee of [$11.25] $20.00. Any person may convert a day registration into a weekly registration and may convert either a day registration or a weekly registration into an annual registration. Upon any such conversion and proof of payment, the person shall be given credit for any fee paid for that vessel during the same calendar year.

(e) No person shall operate a vessel on the waters of Lake George which is subject to a fee pursuant to this Section without affixing the sticker provided by the commission as proof of payment of such fee on the vessel in such a place as the commission may prescribe.

(f) The application for boat registration shall be on such forms as the commission may prescribe and contain a statement setting forth the location where the boat will be docked or stored for the boating season and the name of the owner of said location.

1. Statutory Authority:

Section 43-0125 of the Environmental Conservation Law (ECL)(McKinney’s) as amended by Chapter 272 of the Laws of 2016.

The legislature finds that comprehensive environmental regulatory management and conservation within the Lake George Park are essential to protect an important part of the environmental resources of the state and the public health and welfare. It further declares that regulated entities and users of the unique resources of Lake George should bear a significant portion of the costs of regulation, management and conservation activities which assure the protection and continued beneficial use of the resources of the park.

Chapter 272 of the Laws of 2016 increases regulatory user fees for boats, wharfs, docks and moorings on Lake George. Subdivision 2 of ECL Section 43-0125 contains the following fee increases. The annual fee for non-commercial residential docks and moorings increases from thirty seven dollars and fifty cents ($37.50) to fifty dollars ($50.00). Annual commercial dock fees increase from three dollars and seventy-five cents ($3.75) per linear foot to five dollars ($5.00) per linear foot. The annual fees for moorings used for commercial purposes increases from seventy five dollars ($75.00) to one hundred dollars ($100.00). The one-time fee for commercial docks increases from seven dollars and fifty cents ($7.50) per linear foot to ten dollars ($10.00) per linear foot, plus five dollars ($5.00) from three dollars and seventy-five cents ($3.75) per linear foot annually thereafter. In preparation of these changes contained in Chapter 272 of the Laws of 2016, the Commission is proposing a rule that will implement the fee increases effective March 1, 2017.

The boat fees continue to apply to any mechanically propelled boat or vessel with ten horsepower or more. Chapter 272, however, eliminates the fee for any non-mechanically propelled boat or vessel eighteen feet or more in length. With this legislation, only mechanically propelled vessels with ten horsepower or more are subject to boat fees. The annual registration fee for boats 20' or less in length overall increases from thirty dollars ($30.00) to forty dollars ($40.00); for boats 21' to 25' in length overall, the fee increases from thirty seven dollars and fifty cents ($37.50) plus seven dollars and fifty cents ($7.50) for each foot by which the length overall exceeds 25' to fifty dollars ($50.00) plus seven dollars and fifty cents ($7.50) for each foot by which the length exceeds 25’. For boats over 25' in length and equipped for overnight use, the fee increases from thirty seven dollars and fifty cents ($37.50) and thirty dollars ($30.00) for each foot that exceeds 25' to fifty dollars ($50.00) plus thirty dollars ($30.00) for each foot that excessds 25’. A fee for a one week permit is increased from eleven dollars and twenty five cents ($11.25) to twenty dollars ($20.00). The fee for a one day use permit increases from seven dollars and fifty cents ($7.50) to twelve dollars ($12.00).

2. Legislative Objectives:

The Legislative objective or purpose of the amendments to ECL Section 43-0125 is to increase the annual fees for docks, wharfs, moorings and boats paid to the Lake George Park Commission. The user fees support the regulatory programs of the Lake George Park Commission which are needed to preserve and protect the natural resources of the Lake George Park. The regulations implementing the statutory authority of ECL Section 43-0125 are contained in part, in 6 NYCRR 645-7. The amendments to 6 NYCRR 645-7 implement the changes authorized by Chapter 272 of the Laws of 2016.

3. Needs and Benefits:

The registration fees established by the Legislature pursuant to Article 43-0125 are for the annual registration of wharfs, docks and moorings and for the annual or short-term registration of mechanically propelled boats greater than ten (10) horsepower on Lake George. The regulations implementing these fees (6 NYCRR 645-7) incorporate the fee amounts, set dates due for payments of annual fees, and establish simple procedures for registration. In order to reflect the increase in fees enacted by the Legislature in 2016 and to provide an accurate and complete reference for the public, regulations are being revised.

Pursuant to Article 43-0125 and 97-h of the State Finance Law, user fees are deposited in the Lake George Park Trust Fund and support the regular programs of the Lake George Park Commission. These programs are generally to preserve and protect the natural resources of Lake George and the surrounding countryside including the lake’s superior water quality and to promote the safe and enjoyable recreational use of the lake by reducing congestion, overcrowding and safety hazards.

4. Costs:

i. Regulated parties include people and businesses who operate a boat on Lake George and who maintain a wharf, dock or mooring. The small increase in fees being implemented is appropriate. The owner of a boat mechanically propelled by greater than ten (10) horsepower would pay an annual fee of forty dollars ($40.00), an increase of ten dollars ($10.00) from the previous amount. The owner of a boat greater than 21' in length overall and less than 25' would pay an annual registration fee of fifty dollars, an increase of twelve dollars and fifty cents ($12.50). Boats greater than 25' in length which are not equipped for overnight use would be subject to an annual registration of fifty dollars ($50.00) plus seven dollars and fifty cents ($7.50) for each foot the boat exceeds 25' in length overall. This is an increase of twelve dollars and fifty cents for the annual fee, but does not increase the fee amount for each foot the boat exceeds 25’ in length overall. Boats equipped for overnight accommodations would be subject to a fee of fifty dollars ($50.00) plus thirty dollars ($30.00) per foot for each foot the length overall exceeds 25'. This is an increase of twelve dollars and fifty cents for the annual fee, but the additional cost per foot for each foot the length exceeds 25’ remains at thirty dollars ($30.00).

Short-term registrations would increase from seven dollars and fifty cents ($7.50) per day to twelve dollars ($12.00) per day and from eleven dollars and twenty-five cents ($11.25) to twenty dollars ($20.00) for a seven (7) day registration.

Registration fees for residential wharfs, docks and moorings will increase from thirty-seven dollars and fifty cents ($37.50) to fifty dollars ($50.00), an increase of twelve dollars and fifty cents ($12.50). Association dock fees will increase from thirty-seven dollars and fifty cents ($37.50) per dock to fifty dollars ($50.00) per dock slip. Commercial dock fees will increase from three dollars and seventy-five cents ($3.75) per foot of usable dock or wharf to five dollars ($5.00) per foot of usable dock or wharf, an increase of one dollar and twenty-five cents ($1.25). Quick launch facility fees will increase from three dollars and seventy-five cents ($3.75) per usable linear foot to five dollars ($5.00) for the total useable linear footage of dry storage capacity at the quick launch. As an example, the owner of a residence with a single dock and one boat that is 21' to 25' in length overall will see a total annual increase in fees from $75.00 to $100.00 or a $25.00 total increase.

Chapter 272 also eliminates the fee for non-mechanically propelled boat or vessel of eighteen feet or more. These vessels will no longer be subject to an annual fee.

ii. The Lake George boat, dock and mooring registration program is an established program operated by the Lake George Park Commission. The fee increases will not result in any increase in program administrative costs.

iii. Cost analysis is based upon the administrative records of the Lake George Park Commission.

5. Paperwork:

Annual registrants receive a pre-completed application form each spring by direct mail. Registrants must update the information, if required, sign and return the form with a check or money order. These regulatory fees are due and payable by April 1st of each calendar year. Short-term boat registrants complete a simple application form. Boats may be registered in advance or at any one of the 40± registration agents at launches, stores, and municipal offices around the lake. There will be no change in the paperwork required as a result of this rulemaking.

6. Local Government Mandates:

This rulemaking and the regulations being amended impact no program, service requirement, duty or responsibility upon any county, city, town, village, school district, fire district or special district.

7. Duplication:

The rulemaking implements fee increases established by Chapter 272 of the Laws of 2016 and will not duplicate, overlap or conflict with other State or Federal requirements.

8. Alternatives:

The proposed revisions are intended to implement legislated fee increases and no significant alternatives were considered.

9. Federal Standards:

The proposed revisions do not exceed any minimum standards of the Federal government.

10. Compliance Schedule:

Adoption of Chapter 272 has been the subject of a number of media stories and has been discussed in various municipal and chamber of commerce meetings. Regulated parties will have direct notice a minimum of thirty (30) days in advance of April 1, 2017, the registration due date. Completion of the registration form and submission of payment will result in full compliance.

1. Effect of Rule:

There are approximately 200 small businesses which register wharfs, docks and moorings annually under the regulations. These include marinas, restaurants, and resorts. In addition, there are an estimated 40 separate businesses which registered one or more vessels including fishing and sailing charters, rentals and public vessels. The number and type of businesses affected will be the same following the revisions as currently established by the regulations.

2. Compliance Requirements:

Record-keeping and compliance requirements would continue as under the current program. The submission of a simple registration form, pre-completed for annual registrants, is all that is required.

3. Professional Services:

No professional services are required for compliance.

4. Compliance Costs:

No capital costs will result from the revisions. Annual costs of complying with the revisions is comprised entirely of the statutory increase in registration fees. For example, fees for an average marina that provides annual services for 150 boats, seasonal berthing for 30 boats, and which has 300' of usable commercial dock would pay an additional three hundred seventy-five dollars ($375.00) in increased fees or a total of one thousand five hundred dollars ($1,500.00). This equals to fifty dollars ($50.00) per seasonal slip. A resort-restaurant with 120 feet of usable commercial dock (12 slips) would see a fee increase from four hundred and fifty dollars ($450.00) to six hundred dollars ($600) or one hundred fifty dollars ($150.00) per year. Total fees are approximately fifty dollars ($50.00) per slip.

A fishing charter service vessel with a 25' non-equipped boat would be subject to an increase of twelve dollars and fifty cents ($12.50) - a total annual fee of fifty dollars ($50.00).

5. Economic and Technological Feasibility:

The Commission estimates that complying with these new fees is both economically and technologically feasible.

6. Minimizing Adverse Impact:

Implementation of the statutory fee increases without any additional increase in fees or paperwork requirements is intended to minimize any adverse economic impact on small business.

7. Small Business and Local Government Participation:

The nature of the rulemaking is simply to implement statutory fee increases with no additional requirements. Several media stories have covered the fee increase and the Lake George Park Commission has held several public meetings explaining the new fees and the reasons for them.

1. Types and estimated numbers of rural areas:

The Lake George Park, comprised of Lake George and the surrounding land drainage basin, is a rural area subject to significant changes in seasonal population. Generally, the hamlets along the lake: Lake George Village, Bolton Landing, Hague, Ticonderoga, Huletts, Gull Bay and Glenburnie are rural areas consisting of lakefront residential or mix commercial/residential uses.

2. Compliance requirements:

Compliance requirements consist of completing a simplified registration form and making a payment.

3. Professional services:

No professional services will be needed.

4. Compliance costs:

There are no initial capital costs which result from the rulemaking. Annual cost for the registration of a typical boat will increase from thirty dollars ($30.00) to forty dollars ($40.00) as a result of the fee increase. Annual costs of commercial docks will increase as well. As an example, a 24' length of commercial dock will be subject to a fee increase of thirty dollars ($30.00). The fee of ninety dollars ($90.00) will increase to one hundred and twenty dollars ($120.00) per year. Typically, commercial docks provide berthing for boats on two sides. Accordingly, in the above example if the owner/operator passes the fee increase through to customers, it would result in an increased expense to the customer of fifteen dollars ($15.00) per year or from the current forty-five dollars ($45.00) to sixty dollars ($60.00) for an average boat slip.

5. Minimizing adverse impact:

The rule implements a statutory fee increase with no additional costs or requirements.

6. Participation of public and private interests in the area:

The nature of the rulemaking is simply to implement statutory fee increases with no additional requirements. Several media stories have covered the fee increase and the Lake George Park Commission has held several public meetings explaining the new fees and the reasons for them.

The purpose of the rule making is to incorporate new boat, dock and mooring user fees established by the Legislature into the Commission’s regulations at 6 NYCRR Section 645-7.6 and 645-7.7. The Commission has determined that this rule will not have a substantial adverse impact on jobs and employment opportunities and does not require a job impact statement.