New York Consolidated Laws, Executive Law - EXC § 911. Definitions




As used in this article, the following terms shall have the meaning ascribed to them, unless the context otherwise requires:

1. “Coastal area” shall mean (a) the state's coastal waters, and (b) the adjacent shorelands, including landlocked waters and subterranean waters, to the extent such coastal waters and adjacent lands are strongly influenced by each other including, but not limited to, islands, wetlands, beaches, dunes, barrier islands, cliffs, bluffs, inter-tidal estuaries and erosion prone areas.  The coastal area extends to the limit of the state's jurisdiction on the water side and inland only to encompass those shorelands, the uses of which have a direct and significant impact on the coastal waters.  The coastal area boundaries are as shown on the coastal area map on file in the office of the secretary of state as required in section nine hundred fourteen of this article.

2. “Coastal area boundaries” shall mean the boundaries prepared by the secretary of state pursuant to section forty-seven of chapter four hundred sixty-four of the laws of nineteen hundred seventy-five. [FN1]

3. “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 von Kull and Arthur Kill, Long Island sound and the Atlantic ocean, and their connecting water bodies, bays, harbors, shallows and marshes.

4. “Inland waterways” shall mean (a) the state's major inland lakes consisting of lakes Ballston, Big Tupper, Black, Campfire, Canadarago, Canandaigua, Cayuga, Champlain, Charles, Chateaugay, Chautauqua, Conesus, Cranberry, Echo (in the county of Westchester), George, Glencoma, Great Sacandaga, Honeoye, Indian, Keuka, Little Wolf (in the county of Franklin), Lincolndale, Long, Lost (in the county of Putnam), Mirror, MacGregor, Mahopac, Oneida, Onondaga, Otisco, Otsego, Owasco, Peach, Placid, Putnam, Raquette, Ronkonkoma, Sacandaga, Saratoga, Schroon, Secor, Seneca, Shenorock, Skaneateles, Silver (in the county of Wyoming), Saranac and Tonetta, Teakettle Spout and Wixon, Simon (in the county of Franklin) and the Fulton chain of lakes;  (b) the state's major rivers comprised of the Allegheny, Ausable, Battenkill, Black, Boquet, Bronx, Canisteo, Chaumont (including Chaumont bay), Chemung, Cohocton, Delaware, Deer, Genesee, Grasse, Great Chazy, Hoosic, Hudson north of the federal dam at Troy, Indian, Little (in the Adirondack park), Little Ausable, Little Salmon (including north and south branches), Mad, Mettowee, Mohawk, Oswegatchie, Pocantico, Racquette, Sacandaga, Salmon, Saranac, Saw Mill, Schroon, Susquehanna, Tioga, Tioughnioga, Wallkill and Buffalo rivers, and the north and middle branches of the Moose river;  (c) the state's major creeks comprised of the 18 Mile Creek located in Erie county, Bash Bish located in Columbia county, Basher Kill, Bushkill, Cattaraugus, Cincinnati, East Kill, Esopus (including upper and lower branches), Fish (including east and west branches), Gooseberry, Little Sandy, Onondaga, Roeliff Jansen Kill, Rondout, Sandy, Schoharie, Shawangunk Kill, South Sandy, Oatka, Tonawanda, West Kill, Scajaquada, Wappinger, Black Creek located in Monroe county, Black Creek located in Genesee and Wyoming counties, Ellicott Creek located in Erie county and Wynantskill, Claverack, Taghkanic and Agawamuck and Wyomanock;  (d) the Barge Canal System as defined in section two of the canal law ;  and (e) the adjacent shorelands to the extent that such inland waters and adjacent lands are strongly influenced by each other including, but not limited to, islands, wetlands, beaches, dunes, barrier islands, cliffs, bluffs and erosion prone areas.

5. “State agency” means any department, bureau, commission, board, public authority or other agency of the state, including any public benefit corporation any member of which is appointed by the governor.

6. “Comprehensive harbor management plan” shall mean a plan to address the problems of conflict, congestion and competition for space in the use of harbors, surface waters and underwater lands of the state within a city, town or village or abounding a city, town or village to a distance of fifteen hundred feet from shore.  A harbor management plan must consider regional needs and, where applicable, must consider the competing needs of commercial shipping and recreational boating, commercial and recreational fishing and shellfishing, aquaculture and waste management, mineral extraction, dredging, public access, recreation, habitat and other natural resource protection, water quality, open space, aesthetic values and common law riparian or littoral rights, and the public interest in such lands underwater.

7. “Water dependent use” means an activity which can only be conducted on, in, over or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water.

[FN1]

 See note under McKinney's Consolidated Laws of New York Annotated, Executive Law § 153.





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