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N.Y. Exec. Law § 911

Definitions

Showing this section's text as in effect on January 1, 2018 (in force January 1, 2018 – January 1, 2019). View current text →

§ 911. Definitions. As used in this article, the following terms shall\nhave the meaning ascribed to them, unless the context otherwise\nrequires:\n 1. "Coastal area" shall mean (a) the state's coastal waters, and (b)\nthe adjacent shorelands, including landlocked waters and subterranean\nwaters, to the extent such coastal waters and adjacent lands are\nstrongly influenced by each other including, but not limited to,\nislands, wetlands, beaches, dunes, barrier islands, cliffs, bluffs,\ninter-tidal estuaries and erosion prone areas. The coastal area extends\nto the limit of the state's jurisdiction on the water side and inland\nonly to encompass those shorelands, the uses of which have a direct and\nsignificant impact on the coastal waters. The coastal area boundaries\nare as shown on the coastal area map on file in the office of the\nsecretary of state as required in section nine hundred fourteen of this\narticle.\n 2. "Coastal area boundaries" shall mean the boundaries prepared by the\nsecretary of state pursuant to section forty-seven of chapter four\nhundred sixty-four of the laws of nineteen hundred seventy-five.\n 3. "Coastal waters" means lakes Erie and Ontario, the St. Lawrence and\nNiagara rivers, the Hudson river south of the federal dam at Troy, the\nEast river, the Harlem river, the Kill von Kull and Arthur Kill, Long\nIsland sound and the Atlantic ocean, and their connecting water bodies,\nbays, harbors, shallows and marshes.\n 4. "Inland waterways" shall mean (a) the state's major inland lakes\nconsisting of lakes Baldwin, Ballston, Big Tupper, Black, Campfire,\nCanadarago, Canandaigua, Cayuga, Champlain, Charles, Chateaugay,\nChautauqua, Conesus, Cranberry, East Caroga, Echo (in the county of\nWestchester), George, Glencoma, Great Sacandaga, Honeoye, Indian, Keuka,\nLittle Wolf (in the county of Franklin), Lincolndale, Long, Lost (in the\ncounty of Putnam), Mirror, MacGregor, Mahopac, Northville, Oneida,\nOnondaga, Ossi, Otisco, Otsego, Owasco, Peach, Placid, Purdys, Putnam,\nRaquette, Ronkonkoma, Sacandaga, Saratoga, Schroon, Secor, Seneca,\nShenorock, Skaneateles, Silver (in the county of Wyoming), Saranac and\nTonetta, Teakettle Spout, West Caroga and Wixon, Simon (in the county of\nFranklin) and the Fulton chain of lakes; (b) the state's major rivers\ncomprised of the Allegheny, Ausable, Battenkill, Black, Boquet, Bronx,\nCanisteo, Chaumont (including Chaumont bay), Chemung, Chenango,\nCohocton, Delaware, Deer, Genesee, Grasse, Great Chazy, Hoosic, Hudson\nnorth of the federal dam at Troy, Indian, Little (in the Adirondack\npark), Little Ausable, Little Salmon (including north and south\nbranches), Mad, Mettowee, Mohawk, Oswegatchie, Pocantico, Racquette,\nSacandaga, Salmon, Saranac, Saw Mill, Schroon, Susquehanna, Tenmile,\nTioga, Tioughnioga, Wallkill and Buffalo rivers, and the north and\nmiddle branches of the Moose river; (c) the state's major creeks\ncomprised of the 18 Mile Creek located in Erie county, Bash Bish and\nKinderhook Creek located in Columbia county, Kinderhook Creek located in\nRensselaer county, Basher Kill, Bushkill, Cattaraugus, Cayadutta,\nCincinnati, East Kill, Esopus (including upper and lower branches), Fish\n(including east and west branches), Gooseberry, Kennyetto, Little Sandy,\nOnondaga, Peekskill Hollow, Roeliff Jansen Kill, Rondout, Sandy,\nSchoharie, Shawangunk Kill, South Sandy, Oatka, Tonawanda, West Kill,\nScajaquada, Wappinger, Webatuck, Wassaic, Black Creek located in Monroe\ncounty, Black Creek located in Genesee and Wyoming counties, Ellicott\nCreek located in Erie county and Wynantskill, Claverack, Taghkanic and\nAgawamuck and Wyomanock; (d) the Barge Canal System as defined in\nsection two of the canal law; and (e) the adjacent shorelands to the\nextent that such inland waters and adjacent lands are strongly\ninfluenced by each other including, but not limited to, islands,\nwetlands, beaches, dunes, barrier islands, cliffs, bluffs and erosion\nprone areas.\n 5. "State agency" means any department, bureau, commission, board,\npublic authority or other agency of the state, including any public\nbenefit corporation any member of which is appointed by the governor.\n 6. "Comprehensive harbor management plan" shall mean a plan to address\nthe problems of conflict, congestion and competition for space in the\nuse of harbors, surface waters and underwater lands of the state within\na city, town or village or abounding a city, town or village to a\ndistance of fifteen hundred feet from shore. A harbor management plan\nmust consider regional needs and, where applicable, must consider the\ncompeting needs of commercial shipping and recreational boating,\ncommercial and recreational fishing and shellfishing, aquaculture and\nwaste management, mineral extraction, dredging, public access,\nrecreation, habitat and other natural resource protection, water\nquality, open space, aesthetic values and common law riparian or\nlittoral rights, and the public interest in such lands underwater.\n 7. "Water dependent use" means an activity which can only be conducted\non, in, over or adjacent to a water body because such activity requires\ndirect access to that water body, and which involves, as an integral\npart of such activity, the use of the water.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.