Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATEChapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways
Part 602 - Coastal Area Boundary, Significant Coastal Fish And Wildlife Habitats, Important Agricultural Lands And Scenic Resources Of Statewide Significance, Identification, Mapping And Designation Procedures
Section 602.2 - Coastal area boundary amendment procedures

N.Y. Comp. Codes R. & Regs. tit. 19 § 602.2

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Current through Register Vol. 46, No. 45, November 2, 2024
Section 602.2 - Coastal area boundary amendment procedures
(a) Any city, town or village may petition the Secretary to amend the coastal area boundary. Said petition shall be in the form of either:
(1) a resolution of the legislative body of the local government within whose geographic jurisdiction the boundary change is located; or
(2) an element of a final LWRP submitted pursuant to Part 601 of this Title.
(b) Any State agency may petition the Secretary to amend the coastal area boundary. Said petition shall be in the form of a letter from the commissioner or other head of the petitioning State agency.
(c) The Secretary may amend the coastal area boundary on the Secretary's own initiative.
(d) The Secretary shall amend the coastal area boundary whenever the Secretary determines that the criteria of section 602.3 of this Part have been met. The Secretary shall prepare a written determination with findings in support of each boundary amendment.
(e) Whenever petitioned pursuant to paragraph (a)(1) or (b) of this section, or acting pursuant to subdivision (c), public notice shall be provided by the Secretary in the State Register and a paper of general circulation in the immediate area to be affected by the proposed boundary change. A public hearing in the vicinity of the proposed boundary change may be held at the Secretary's discretion. The need for a public hearing shall be based upon the likely public interest because of:
(1) the uniqueness of the geographic area affected; or
(2) the potential impact on coastal resources.
(f) Whenever the Secretary is petitioned to amend the coastal area boundary, and that petition qualifies under paragraph (a)(1) or (b) of this section, a determination shall be rendered within 120 days of receipt of said petition. Reasons for the denial of any petition request shall be communicated in writing by the Secretary to petitioners.
(g) Whenever the Secretary determines to amend the coastal area boundary, the Secretary shall make the appropriate changes in the coastal area map and file copies of the amended map with the clerk of each county and local government within whose jurisdiction any of the affected area is located. The Secretary shall also provide a copy of the amended coastal area map to each adjacent local government with any portion of its jurisdiction within the boundaries of the coastal area, and to each appropriate State and Federal agency.
(h) The boundary change shall take effect on the 15th day of the month following the month during which the amended map shall have been filed in the office of the clerk of the situs city, town or village.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 602.2