N.Y. Comp. Codes R. & Regs. tit. 19 § 600.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 600.6 - Long Island Sound coastal policies

Reference should be made to the Long Island Sound Coastal Management Program, particularly chapter four thereof, for information and guidance in determining whether an action in the Long Island Sound coastal area is consistent with the following policies.

(a) Foster a pattern of development in the Long Island Sound coastal area that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development.

(1) Concentrate development and redevelopment in or adjacent to traditional waterfront communities.

(i) Maintain traditional waterfront communities and ensure that development within these communities supports and is compatible with the character of the community.

(ii) Focus public investment, actions, and assistance in waterfront redevelopment areas to reclaim unused waterfront land and brownfields for new purposes.

(iii) Locate new development where infrastructure is adequate or can be upgraded to accommodate new development.

(2) Ensure that development or uses take appropriate advantage of their coastal location.

(i) Reserve coastal waters for water-dependent uses and activities.

(ii) Accommodate water-enhanced uses along the sound waterfront where they are compatible with surrounding development, do not displace or interfere with water-dependent uses, and reflect the unique qualities of a coastal location through appropriate design and orientation.

(iii) Allow other uses that derive benefit from a waterfront location, such as residential uses, in appropriate locations.

(iv) Avoid uses on the waterfront which cannot by their nature derive economic benefit from a waterfront location.

(3) Protect stable residential areas.

(i) Maintain stable residential areas and allow for continued compatible residential and supporting development in or adjacent to such areas.

(4) Maintain and enhance natural areas, recreation, open space, and agricultural lands.

(i) Avoid loss of economic, environmental, and aesthetic values associated with these areas.

(ii) Avoid expansion of infrastructure and services which would promote conversion of these areas to other uses.

(iii) Maintain natural, recreational and open space values including those associated with large estates, golf courses, and beach clubs.

(5) Minimize adverse impacts of new development and redevelopment.

(i) Minimize potential adverse land use, environmental, and economic impacts that would result from proposed development.

(ii) Minimize the potential for adverse impacts of types of development which individually may not result in a significant adverse environmental impact, but when taken together could lead to or induce subsequent significant adverse impacts.

(b) Preserve historic resources of the Long Island Sound coastal area.

(1) Maximize preservation and retention of historic resources.

(i) Preserve the historic character of the resource by protecting historic materials and features or by making repairs using appropriate measures.

(ii) Provide for compatible use of the historic resource, while limiting and minimizing alterations to the resource.

(iii) Minimize loss of historic resources or historic character when it is not possible to completely preserve the resource.

(iv) Relocate historic structures only when the resource cannot be preserved in place.

(v) Allow demolition only where alternatives for retention are not feasible.

(vi) Avoid potential adverse impacts of development on nearby historic resources.

(2) Protect and preserve archaeological resources.

(i) Minimize potential adverse impacts by redesigning projects, reducing direct impacts on the resource, recovering artifacts prior to construction, and documenting the site.

(ii) Prohibit appropriation of any object of archaeological or paleontological interest situated on or under lands owned by New York State, except as provided for in Education Law, section 233.

(3) Protect and enhance resources that are significant to the coastal culture of the Long Island Sound.

(i) Protect historic shipwrecks.

(ii) Prevent unauthorized collection of artifacts from shipwrecks.

(iii) Protect the character of historic maritime communities.

(iv) Preserve and enhance historic lighthouses and other navigational structures by providing for their long-term protection through the least degree of intervention necessary to preserve the structure. Consider extensive shoreline stabilization only if relocation of historic lighthouses is not feasible.

(c) Enhance visual quality and protect scenic resources throughout Long Island Sound.

(1) Protect and improve visual quality throughout the coastal area.

(i) Enhance existing scenic characteristics by minimizing introduction of discordant features.

(ii) Restore deteriorated and remove degraded visual elements, and screen activities and views which detract from visual quality.

(iii) Preserve existing vegetation and establish new vegetation to enhance scenic quality.

(iv) Group or orient structures to preserve open space and provide visual organization.

(v) Improve the visual quality associated with urban areas and the historic centers of maritime activity on Long Island Sound.

(vi) Anticipate and prevent impairment of dynamic landscape elements that contribute to ephemeral scenic qualities.

(vii) Recognize water-dependent uses as important additions to the visual interest of the sound's coast.

(viii) Protect scenic values associated with public lands, including public trust lands and waters, and natural resources.

(2) Protect aesthetic values associated with recognized areas of high scenic quality.

(i) Protect aesthetic and scenic values associated with the Nissequogue River, and any areas designated as scenic areas of statewide significance.

(ii) Prevent impairment of scenic components that contribute to high scenic quality.

(d) Minimize loss of life, structures, and natural resources from flooding and erosion.

(1) Minimize losses of human life and structures from flooding and erosion hazards.

(i) Use the following management measures, which are presented in order of priority:

(a) avoid development other than water-dependent uses in coastal hazard areas;

(b) locate or move development and structures as far away from hazards as practical;

(c) use vegetative nonstructural measures which have a reasonable probability of managing flooding and erosion, based on shoreline characteristics including exposure, geometry, and sediment composition;

(d) enhance existing natural protective features and processes, and use nonstructural measures which have a reasonable probability of managing erosion;

(e) use hard structural erosion protection measures for control of erosion only where the above measures are not sufficient to protect the principal use or the use is water-dependent or reinforces the role of a maritime center or a waterfront redevelopment area.

(ii) Mitigate the impacts of erosion control structures.

(iii) Manage development in floodplains outside of coastal hazard areas so as to avoid adverse environmental effects, to minimize the need for structural flood protection measures, and to meet Federal flood insurance program standards.

(2) Preserve and restore natural protective features.

(i) Prevent development in natural protective features except development as specifically allowed in 6 NYCRR section 505.8.

(ii) Maximize the protective capabilities of natural protective features by:

(a) avoiding alteration or interference with shorelines in a natural condition;

(b) enhancing existing natural protective features;

(c) restoring impaired natural protective features; and

(d) managing activities to minimize interference with, limit damage to, or reverse damage which has diminished the protective capacities of the natural shoreline.

(iii) Minimize interference with natural coastal processes by:

(a) providing for natural supply and movement of unconsolidated materials;

(b) minimizing intrusion of structures into coastal waters and interference with coastal processes; and

(c) by mitigating any unavoidable intrusion or interference.

(3) Protect public lands and public trust lands and use of these lands when undertaking all erosion or flood control projects.

(i) Retain ownership of public trust lands which have become upland areas due to fill or accretion resulting from erosion control projects.

(ii) Avoid losses or likely losses of public trust lands or use of these lands, including public access along the shore, which can be reasonably attributed to or anticipated to result from erosion protection structures.

(iii) Mitigate unavoidable impacts on adjacent property, natural coastal processes and natural resources, and on public trust lands and their use.

(4) Manage navigation infrastructure to limit adverse impacts on coastal processes.

(i) Manage navigation channels to limit adverse impacts on coastal processes by: designing channel construction and maintenance to protect and enhance natural protective features and prevent destabilization of adjacent areas; and making beneficial use of suitable dredged material.

(ii) Manage stabilized inlets to limit adverse impacts on coastal processes.

(5) Ensure that expenditure of public funds for flooding and erosion control projects results in a public benefit.

(i) Give priority in expenditure of public funds to actions which: protect public health and safety; mitigate flooding and erosion problems caused by previous human intervention; protect areas of intensive development; and protect substantial public investment in land, infrastructure, and facilities.

(ii) Expenditure of public funds is limited to those circumstances where public benefits exceed public cost, and prohibited for the exclusive purpose of protecting private development, except where actions are undertaken by an erosion protection district.

(6) Consider sea level rise when siting and designing projects involving substantial expenditure of public funds.

(e) Protect and improve water quality and supply in the Long Island Sound coastal area.

(1) Prohibit direct or indirect discharges which would cause or contribute to contravention of water quality standards.

(i) Restore Long Island Sound's water quality by reducing impairments caused by major sources of pollution by:

(a) limiting nitrogen loadings from waste water treatment plants to levels at or below levels occurring in 1990;

(b) reducing nitrogen discharges sufficient to limit the occurrence of hypoxia; and

(c) remediating existing contaminated sediment, and limiting introduction of new contaminated sediment.

(ii) Prevent point source discharges into coastal waters and avoid land and water uses which would:

(a) exceed applicable effluent limitations;

(b) cause or contribute to contravention of water quality classification and use standards;

(c) materially adversely affect receiving water quality; or

(d) violate a vessel waste no-discharge zone prohibition.

(iii) Ensure effective treatment of sanitary sewage and industrial discharges by maintaining efficient operation of treatment facilities, providing secondary treatment of sanitary sewage, improving nitrogen removal capacity, incorporating treatment beyond secondary for new wastewater treatment facilities, reducing demand on facilities, reducing loading of toxic materials, reducing or eliminating combined sewer overflows, and managing on-site disposal systems.

(2) Manage land use activities and use best management practices to minimize nonpoint pollution of coastal waters.

(3) Protect and enhance quality of coastal waters.

(i) Protect water quality based on physical factors (Ph, dissolved oxygen, dissolved solids, nutrients, odor, color, and turbidity), health factors (pathogens, chemical contaminants, and toxicity), and aesthetic factors (oils, floatables, refuse, and suspended solids).

(ii) Minimize disturbance of streams, including their bed and banks, in order to prevent erosion of soil, increased turbidity, and irregular variation in velocity, temperature, and level of water.

(iii) Protect water quality of coastal waters from adverse impacts associated with excavation, fill, dredging, and disposal of dredge material.

(4) Limit the potential for adverse impacts of watershed development on water quality and quantity.

(i) Protect water quality by ensuring that watershed development protects areas that provide important water quality benefits, maintains natural characteristics of drainage systems, and protects areas that are particularly susceptible to erosion and sediment loss.

(ii) Limit the impacts of individual development projects to prevent cumulative water quality impacts upon the watershed which would result in a failure to meet water quality standards.

(5) Protect and conserve the quality and quantity of potable water.

(i) Prevent contamination of potable waters by limiting discharges of pollutants and limiting land uses which are likely to contribute to contravention of surface and groundwater quality classifications for potable water supplies.

(ii) Prevent depletion of existing potable water supplies by limiting saltwater intrusion in aquifers and estuaries through conservation methods or restrictions on water supply use and withdrawals and allowing for recharge of potable aquifers.

(iii) Limit cumulative impacts of development on groundwater recharge areas to ensure replenishment of potable groundwater supplies.

(f) Protect and restore the quality and function of the Long Island Sound ecosystem.

(1) Protect and restore ecological quality throughout Long Island Sound.

(i) Avoid significant adverse changes to the quality of the Long Island Sound ecosystem as indicated by physical loss, degradation, or functional loss of ecological components.

(ii) Maintain values associated with natural ecological communities.

(iii) Retain and add indigenous plants.

(iv) Avoid fragmentation of natural ecological communities and maintain corridors between ecological communities. Maintain structural and functional relationships between natural ecological communities to provide for self-sustaining systems.

(v) Avoid permanent adverse change to ecological processes.

(vi) Reduce adverse impacts of existing development when practical.

(vii) Mitigate impacts of new development; mitigation may also include reduction or elimination of adverse impacts associated with existing development.

(2) Protect and restore significant coastal fish and wildlife habitats.

(i) Protect Long Island Sound's designated significant coastal fish and wildlife habitats from uses or activities which would destroy habitat values or significantly impair the viability of the designated habitat beyond its tolerance range which is the ecological range of conditions that supports the species population or has the potential to support a restored population where practical.

(ii) Where destruction or significant impairment of habitat values cannot be avoided, minimize potential impacts through appropriate mitigation.

(iii) Wherever practical, enhance or restore designated habitats so as to foster their continued existence as natural systems.

(3) Protect and restore tidal and freshwater wetlands.

(i) Comply with statutory and regulatory requirements of the State's wetland laws.

(ii) Prevent the net loss of vegetated wetlands by avoiding fill or excavation; minimizing adverse impacts resulting from unavoidable fill, excavation or other activities; and providing for compensatory mitigation for unavoidable adverse impacts. Provide and maintain adequate buffers between wetlands and adjacent or nearby uses and activities to protect wetland values.

(iii) Restore tidal and freshwater wetlands wherever practicable to foster their continued existence as natural systems.

(4) Protect vulnerable fish, wildlife, and plant species, and rare ecological communities.

(5) Protect natural resources and associated values in identified regionally important natural areas.

(i) Protect natural resources comprising a regionally important natural area. Focus State actions on protection, restoration, and management of natural resources.

(ii) Protect and enhance activities associated with sustainable human use or appreciation of natural resources.

(iii) Provide for achievement of a net increase in wetlands when practical opportunities exist to create new or restore former tidal wetlands.

(iv) Adhere to management plans prepared for regionally important natural areas.

(g) Protect and improve air quality in the Long Island Sound coastal area.

(1) Control or abate existing and prevent new air pollution.

(i) Limit pollution resulting from new or existing stationary air contamination sources consistent with applicable standards, plans, and requirements.

(ii) Recycle or salvage air contaminants using best available air cleaning technologies.

(iii) Limit pollution resulting from vehicle or vessel movement or operation.

(iv) Limit actions which directly or indirectly change transportation uses or operations resulting in increased pollution.

(v) Restrict emissions or air contaminants to the outdoor atmosphere which are potentially injurious or unreasonably interfere with enjoyment of life or property.

(vi) Limit new facility or stationary source emissions of acid deposition precursors consistent with achieving final control target levels for wet sulfur deposition in sensitive receptor areas, and meeting new source performance standards for the emissions of oxides of nitrogen.

(2) Limit discharges of atmospheric radioactive material to a level that is as low as practicable.

(3) Limit sources of atmospheric deposition of pollutants to the sound, particularly from nitrogen sources.

(h) Minimize environmental degradation in the Long Island Sound coastal area from solid waste and hazardous substances and wastes.

(1) Manage solid waste to protect public health and control pollution.

(i) Plan for proper and effective solid waste disposal prior to undertaking major development or activities generating solid wastes.

(ii) Manage solid waste by: reducing the amount of solid waste generated, reusing or recycling material, and using land burial or other approved methods to dispose of solid waste that is not otherwise being reused or recycled.

(iii) Prevent the discharge of solid wastes into the environment by using proper handling, management, and transportation practices.

(iv) Operate solid waste management facilities to prevent or reduce water, air, and noise pollution and other conditions harmful to the public health.

(2) Manage hazardous wastes to protect public health and control pollution.

(i) Manage hazardous waste in accordance with the following priorities:

(a) eliminate or reduce generation of hazardous wastes to the maximum extent practical;

(b) recover, reuse, or recycle remaining hazardous wastes to the maximum extent practical;

(c) use detoxification, treatment, or destruction technologies to dispose of hazardous wastes that cannot be reduced, recovered, reused, or recycled; and

(d) use land disposal as a last resort.

(ii) Phase out land disposal of industrial hazardous wastes.

(iii) Ensure maximum public safety through proper management of industrial hazardous waste treatment, storage, and disposal.

(iv) Remediate inactive hazardous waste disposal sites.

(3) Protect the environment from degradation due to toxic pollutants and substances hazardous to the environment and public health.

(i) Prevent release of toxic pollutants or substances hazardous to the environment that would have a deleterious effect on fish and wildlife resources.

(ii) Prevent environmental degradation due to persistent toxic pollutants by: limiting discharge of bioaccumulative substances, avoiding resuspension of toxic pollutants and hazardous substances and wastes, and avoiding reentry of bioaccumulative substances into the food chain from existing sources.

(iii) Prevent and control environmental pollution due to radioactive materials.

(iv) Protect public health, public and private property, and fish and wildlife from inappropriate use of pesticides.

(v) Take appropriate action to correct all unregulated releases of substances hazardous to the environment.

(4) Prevent and remediate discharge of petroleum products.

(i) Minimize adverse impacts from potential oil spills by appropriate siting of petroleum offshore loading facilities.

(ii) Have adequate plans for prevention and control of petroleum discharges in place at any major petroleum-related facility.

(iii) Prevent discharges of petroleum products by following approved handling and storage, and facility design and maintenance principles.

(iv) Clean up and remove any petroleum discharge, giving first priority to minimizing environmental damage.

(5) Transport solid waste and hazardous substances and waste in a manner which protects the safety, well-being, and general welfare of the public, the environmental resources of the State, and continued use of transportation facilities.

(6) Site solid and hazardous waste facilities to avoid potential degradation of coastal resources.

(i) Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Long Island Sound coastal area.

(1) Promote appropriate and adequate physical public access and recreation throughout the coastal area.

(i) Provide convenient, well-defined, physical public access to and along the coast for water-related recreation.

(ii) Provide a level and type of public access and recreational use that takes into account proximity to population centers, public demand, natural resource sensitivity, accessibility, compatibility with on-site and adjacent land uses, and needs of special groups.

(iii) Protect and maintain existing public access and water-related recreation.

(iv) Provide additional physical public access and recreation facilities at public sites.

(v) Provide physical access linkages throughout Long Island Sound.

(vi) Include physical public access and/or water-related recreation facilities as part of development whenever development or activities are likely to limit the public's use and enjoyment of public coastal lands and waters.

(vii) Provide incentives to private development which provides public access and/or water-related recreation facilities.

(viii) Restrict public access and water-related recreation on public lands only where incompatible with public safety and protection of natural resources.

(ix) Ensure access for the general public at locations where State or Federal funds are used to acquire, develop, or improve parkland.

(2) Provide public visual access from public lands to coastal lands and waters or open space at all sites where physically practical.

(i) Avoid loss of existing visual access by limiting physical blockage by development or activities. Minimize adverse impact on visual access.

(ii) Mitigate loss of visual access by providing for on-site visual access or additional and comparable visual access off-site.

(iii) Increase visual access wherever practical.

(3) Preserve the public interest in and use of lands and waters held in public trust by the State, New York City, and towns in Nassau and Suffolk counties.

(i) Limit grants, easements, permits, or lesser interests in lands underwater to those instances where they are consistent with the public interest in the use of public trust lands.

(ii) Determine ownership, riparian interest, or other legal right prior to approving private use of public trust lands under water.

(iii) Limit grants, including conversion grants, in fee of underwater lands to exceptional circumstances.

(iv) Reserve such interests or attach such conditions to preserve the public interest in underwater lands and waterways which will be adequate to preserve public access, recreation opportunities, and other public trust purposes.

(v) Evaluate opportunities to re-establish public trust interests in existing grants which are not used in accordance with the terms of the grant, or are in violation of the terms of the lease, or where there are significant limitations on public benefits resulting from or the public trust doctrine.

(4) Assure public access to public trust lands and navigable waters.

(i) Ensure that the public interest in access below mean high water and to navigable waters is maintained.

(ii) Allow obstructions to public access when necessary for the operation of water-dependent uses and their facilities.

(iii) Permit interference with public access for riparian non-water-dependent uses in order to gain the minimum necessary reasonable access to navigable waters.

(iv) Use the following factors in determining the minimum access necessary: the upland uses' dependence on access to navigable waters, the range of tidal fluctuation, the size and nature of the water body, the uses of the adjacent waters by the public, the traditional means of access used by surrounding similar uses, and whether alternative means to gain access are available.

(v) Mitigate substantial interference or obstruction of public use of public trust lands and navigable waters.

(j) Protect Long Island Sound's water-dependent uses and promote siting of new water-dependent uses in suitable locations.

(1) Protect existing water-dependent uses.

(i) Avoid actions which would displace, adversely impact, or interfere with existing water-dependent uses.

(2) Promote maritime centers as the most suitable locations for water-dependent uses.

(i) Ensure that public actions enable maritime centers to continue to function as centers for water-dependent uses.

(ii) Protect and enhance the economic, physical, cultural, and environmental attributes which make up the character of each maritime center.

(3) Allow for development of new water-dependent uses outside of maritime centers.

(i) New water-dependent uses may be appropriate outside maritime centers if the use:

(a) should not be located in a maritime center due to the lack of suitable sites;

(b) has unique locational requirements that necessitate its location outside maritime centers;

(c) would adversely impact the functioning and character of the maritime center if located within the maritime center; or

(d) is of a small scale and has a principal purpose of providing access to coastal waters.

(4) Improve the economic viability of water-dependent uses by allowing for non-water-dependent accessory and multiple uses, particularly water-enhanced and maritime support services.

(5) Minimize adverse impacts of new and expanding water-dependent uses, provide for their safe operation, and maintain regionally important uses.

(i) Site new and expand existing marinas, yacht clubs, boat yards, and other boating facilities where there is: adequate upland for support facilities and services; sufficient waterside and landside access; appropriate nearshore depth to minimize dredging; suitable water quality classification; minimization of effects on wetlands, shellfish beds, or fish spawning grounds; and adequate water circulation.

(ii) Maintain existing ferry services and promote new ferry services to increase the transportation efficiency of passengers and cargo in the sound region.

(iii) Improve protection of natural resources when importing, transshipping, or storing petroleum products by promoting inland storage and offshore transshipment of product.

(iv) Maintain regionally important aggregate transshipment facilities.

(6) Provide sufficient infrastructure for water-dependent uses.

(i) Protect and maintain existing public and private navigation lanes and channels at depths consistent with the needs of water-dependent uses.

(ii) Provide new or expanded navigation lanes, channels, and basins when necessary to support water-dependent uses.

(iii) Use suitable dredged material for beach nourishment, dune reconstruction, or other beneficial uses.

(iv) Avoid placement of dredged material in Long Island Sound when opportunities for beneficial reuse of the material exist.

(v) Allow placement of suitable dredged material in nearshore locations to advance maritime or port-related functions, provided it is adequately contained and avoids impacts on vegetated wetlands and significant coastal fish and wildlife habitats.

(vi) Avoid shore and water surface uses which would impede navigation.

(vii) Give priority to existing commercial navigation in determining rights to navigable waters.

(viii) Provide for services and facilities to facilitate commercial, industrial, and recreational navigation.

(ix) Foster water transport for cargo and people.

(x) Maintain stabilized inlets at Glen Cove Creek, Port Jefferson, Mount Sinai, Mattituck Inlet, and Silver Eel Pond.

(7) Promote efficient harbor operation.

(i) Limit congestion of harbor waters, conflict among uses, foster navigational safety, and minimize obstructions in coastal waters to reduce potential hazards to navigation.

(ii) Prohibit any increase or additional use of coastal waters if such an increase or addition poses a public safety hazard which cannot be mitigated.

(iii) Prohibit intrusions or encroachments upon navigation channels and other identified vessel use areas.

(k) Promote sustainable use of living marine resources in Long Island Sound.

(1) Ensure the long-term maintenance and health of living marine resources.

(i) Ensure that commercial and recreational uses of living marine resources are managed in a manner that: results in sustained useable abundance and diversity of the marine resource; does not interfere with population and habitat maintenance and restoration efforts; uses best available scientific information in managing the resources; and minimizes waste and reduces discard mortality of marine fishery resources.

(ii) Ensure that the management of the State's transboundary and migratory species is consistent with interstate, State-Federal, and interjurisdictional management plans.

(iii) Protect, manage, and restore sustainable populations of indigenous fish, wildlife species, and other living marine resources.

(iv) Foster occurrence and abundance of Long Island Sound's marine resources by: protecting spawning grounds, habitats, and water quality; and enhancing and restoring fish and shellfish habitat, particularly for anadromous fish, oysters, and hard clams.

(2) Provide for commercial and recreational use of the sound's finfish, shellfish, crustaceans, and marine plants.

(i) Maximize the benefits of marine resource use so as to provide a valuable recreational resource experience, and viable business opportunities for commercial and recreational fisheries.

(ii) Where fishery conservation and management plans require actions that would result in resource allocation impacts, ensure equitable distribution of impacts among user groups, giving priority to existing fisheries in the State.

(iii) Protect the public health and the marketability of marine and fishery resources by maintaining and improving water quality.

(iv) Promote development of and maintain existing artificial reefs to improve marine resources habitat and expand nearshore fishing opportunities.

(3) Maintain and strengthen a stable commercial fishing fleet in Long Island Sound.

(i) Protect and strengthen commercial fishing harvest operations, facilities, and waterfront infrastructure to support a stable commercial fishing industry.

(ii) Improve existing and support expansion of fishing operations and facilities for offshore commercial fishing in Huntington Harbor, Northport Harbor, Port Jefferson Harbor, and Mattituck Harbor. Maintain existing commercial fishing operations and facilities in Oyster Bay, Setauket, and Mount Sinai at present levels.

(iii) Support nearshore harvesting throughout the sound region by providing access, berthing, and off-loading facilities suitable for nearshore operators.

(iv) Protect commercial fishing from interference or displacement by competing land and water uses.

(v) Strengthen the economic viability of the sound's commercial fishing fleet through appropriate domestic and international marketing.

(4) Promote recreational use of marine resources.

(i) Provide opportunities for recreational use of marine resources.

(ii) Provide adequate infrastructure to meet recreational needs, including appropriate fishing piers, dockage, parking, and livery services.

(iii) Promote commercial charter and party boat businesses in maritime centers.

(5) Promote managed harvest of shellfish originating from uncertified waters.

(i) Allow for harvest of shellfish from uncertified waters, provided shellfish sanitation protocols are adhered to for protection of public health.

(ii) Limit environmental disturbance of the harvest area by using the scale or method of shellfish harvesting operations that is most appropriate to the resource and the physical characteristics of the harvest area. Allow sufficient shellfish spawning stock to remain in the harvest area to maintain the resource while reducing the likelihood of illegal harvesting.

(iii) Promote hand-harvesting of stock for depuration and for relays by nearshore harvesters.

(6) Promote aquaculture.

(i) Encourage aquaculture of economically important species.

(ii) Protect native stocks from potential adverse biological impacts due to aquaculture.

(iii) Provide leases of State-owned underwater lands for aquaculture only in areas which are not significant shellfish producing areas or which are not supporting significant shellfish hand-harvesting, and only where aquaculture operations would not significantly impair natural resources.

(l) Protect agricultural lands in the eastern Suffolk County portion of Long Island Sound's coastal area.

(1) Protect existing agriculture and agricultural lands from conversion to other land uses.

(i) Protect existing agricultural use and production from adverse impacts due to: public infrastructure and facility development; creation of other conditions which are likely to lead to conversion of agricultural lands; and environmental changes which are likely to reduce agricultural productivity or quality, including, but not limited to, quantitative and qualitative changes to groundwater resources.

(ii) Provide sufficient buffer as part of new development when it is located near agricultural land.

(2) Establish and maintain favorable conditions which support existing or promote new coastal agricultural production.

(i) Promote new and maintain existing local services and commercial enterprises necessary to support agricultural operations.

(ii) Provide economic support of existing agriculture by allowing mixed uses which would assist in retention of the agricultural use.

(iii) Promote activities and market conditions that would likely prevent conversion of farmlands to other land uses.

(3) Minimize adverse impacts on agriculture from unavoidable conversion of agricultural land.

(i) Minimize encroachment of commercial, industrial, institutional, or residential development on agricultural lands.

(ii) Retain or incorporate opportunities for continuing agricultural use.

(iii) Locate and arrange development to maximize protection of the highest quality agricultural land in large contiguous tracts for efficient farming

(4) Preserve scenic and open space values associated with the sound's agricultural lands.

(i) Locate and arrange development to maximize protection of agricultural land in large contiguous tracts to protect associated scenic and open space values.

(ii) Allow farms to operate using appropriate modern techniques and structures without consideration of scenic values.

(m) Promote appropriate use and development of energy and mineral resources.

(1) Conserve energy resources.

(i) Promote and maintain energy efficient modes of transportation, including rail freight and intermodal facilities, waterborne cargo and passenger transportation, mass transit, and alternative forms of transportation.

(ii) Plan and construct sites using energy efficient design.

(iii) Capture heat waste from industrial processes for heating and electric generation.

(iv) Improve energy generating efficiency through design upgrades of existing facilities.

(2) Promote alternative energy sources that are self-sustaining, including solar and wind powered energy generation.

(i) In siting such facilities, avoid interference with coastal resources, including migratory birds, and coastal processes.

(3) Ensure maximum efficiency and minimum adverse environmental impact when siting major energy generating facilities.

(i) Site major energy generating facilities in a coastal location where a clear public benefit is established.

(ii) Site major energy generating facilities close to load centers to achieve maximum transmission efficiency.

(iii) Site and construct new energy generating and transmission facilities so they do not adversely affect natural and economic coastal resources.

(4) Minimize adverse impacts from fuel storage facilities.

(i) Regional petroleum reserve facilities are inappropriate in the Long Island Sound coastal area.

(ii) The production, storage, or retention of petroleum products in earthen reservoirs is prohibited.

(iii) Liquified natural gas facilities must be safely sited and operated.

(iv) Protect natural resources by preparing and complying with an approved oil spill contingency plan.

(5) Minimize adverse impacts associated with mineral extraction.

(i) Commercial sand and aggregate mining is generally presumed to be an inappropriate use in the Long Island Sound coastal area.

(ii) Preserve and overburden using appropriate site preparation techniques and subsequent site reclamation plans.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 600.6