N.Y. Comp. Codes R. & Regs. Tit. 19 § 603.1 - Authority, intent and purpose

(a) This Part is adopted under authority of sections 913, 915, 915-b and 922 of article 42 of the Executive Law to implement the provisions of the Waterfront Revitalization of Coastal Areas and Inland Waterways Act.

(b) In chapter 791 of the Laws of 1992, the Legislature emphasized the importance of New York State's navigable waters and underwater lands, and acknowledged the need to control uses, projects and structures in or over these areas. The Legislature specifically identified the regulation of such projects and structures as necessary to meet the State' s obligations, founded principally on the Public Trust Doctrine, to responsibly manage the State's proprietary interests, protect vital assets held in the name of the People of the State, and guarantee common law and sovereign rights. To this end, the Legislature declared that the reasonable exercise of riparian or littoral rights by waterfront owners shall be consistent with the public interest in reasonable use and responsible management of navigable waters and lands underwater for purposes of navigation, commerce, fishing, bathing, recreation, environmental and aesthetic protection, and access. Along with recognizing the importance of State agency actions in fulfilling these obligations, the Legislature also recognized the significant role New York's cities, towns and villages are capable of taking in the regulation and management of activities in or over the State's navigable waters and underwater lands if granted clear authority to regulate these areas. Accordingly, the Legislature has provided for the development and approval of local comprehensive harbor management plans (HMPs) and the local laws or ordinances necessary to implement these plans. It is the intention of this Part to enable cities, towns and villages to exercise this new authority in a manner which meets local needs while accommodating the significant interest of the State, on behalf of the public, in lands underwater and navigable waters. It is the purpose of this Part to provide the procedural and substantive requirement for approval of HMPs and local laws and ordinances necessary to implement these plans.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 19 § 603.1