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 602.4 - Significant resource area identification, mapping and designation procedures

N.Y. Comp. Codes R. & Regs. tit. 19 § 602.4

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Current through Register Vol. 46, No. 45, November 2, 2024
Section 602.4 - Significant resource area identification, mapping and designation procedures
(a) After consultation with appropriate State agencies, the Secretary shall identify and designate on the coastal area map those significant coastal fish and wildlife habitat areas, scenic areas of statewide significance and important agricultural lands which the Secretary finds satisfy the criteria of section 602.5 of this Part. The Secretary shall prepare a written determination with findings in support of each area to be designated.
(b) Before any significant coastal fish and wildlife habitat area, scenic area of statewide significance or important agricultural land is designated, timely public notice shall be provided and one or more public hearings held. Notice shall appear in a paper of general circulation in the area of site designation at least 10 days prior to the hearing date. Said hearings shall be held at a location convenient to those who are likely to be affected by or have an interest in such designations. Public notice shall include the time and location of the hearing, identify the areas proposed for designation, facilitate public comment by announcing the availability for inspection of the documentation supporting the nomination of any site proposed for designation, and by requesting public comment and participation at the hearing.
(c) A significant coastal fish and wildlife habitat area shall be eligible for designation only if it has been identified and recommended for designation by the New York State Department of Environmental Conservation (DEC). The Secretary shall designate all areas identified and recommended by DEC, unless the Secretary finds, after the public review process:
(1) that there was an error in the evaluation of the area pursuant to the significant coastal fish and wildlife habitat area criteria of section 602.5(a) of this Part; or
(2) that designation would not lead to the achievement of the purposes of the significant habitat policy found at section 600.5(b)(1) of this Title.
(d) Whenever the Secretary, after public notice, hearing and comment pursuant to subdivision (b) of this section, shall determine to designate one or more areas, the Secretary shall make the appropriate significant area identifications on the coastal area map, and file copies of the amended map with the clerks of each county and local government within whose jurisdictions the identified areas are situated. 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.
(e) The designation of significant areas shall take effect on the 15th day of the month following the month during which the amended maps are filed in the office of the clerk of the situs city, town or village.
(f) After consultation with appropriate State agencies, the Secretary may repeal or modify an existing significant area designation, but only after repeating the notice procedure for designation found in subdivision (b) of this section, and only upon a finding that repeal or modification is justified by changes to the characteristics of the area which were the basis for the original or subsequent designation.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 602.4