N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-7.6

Current through Register Vol. 46, No. 43, October 23, 2024

Section 645-7.6 - Dock, Mooring and Wharf Fees

(a) No person shall use or construct a dock, wharf or mooring on the waters of the Park without paying the fee required by this Section.

(b) The owner of a dock, wharf or mooring used for residential purposes shall pay an annual fee of $50.00 for each such dock, wharf or mooring.

(c) The owner of an association dock, wharf or mooring shall pay an annual fee in the amount of $50.00 times the total number of units with deeded or contractual access to the association docks, wharfs or moorings, or the actual number of vessels capable of being docked or moored at the association docks, wharfs or moorings, whichever is less.

(d) The owner of a dock or wharf used for commercial purposes shall pay an annual fee of five dollars ($5.00) per useable linear foot for each such dock or wharf. Useable linear footage shall be measured as the distance along the longest side of any structure used as a dock or wharf, together with the length of the longest side of all lateral structures which extend from the dock or wharf and which are capable of sustaining foot traffic for access to and from vessels and/or for berthing vessels. No linear distance shall be counted twice for the purpose of determining the fee required pursuant to this paragraph. Docks or wharfs which connect to shore shall be measured from the point where the decking or walkway intersects the shore, but in no event beyond the mean highwater mark. For the convenience of the regulated community, examples of typical dock configurations and the applicable fees are provided in this Subdivision.

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(e) The owner of a mooring used for commercial purposes shall pay an annual fee of $100 for each such mooring.

(f) The owner of a dock or wharf constructed on or after January 1, 1988 used for commercial purposes shall pay a first time fee of $10.00 per useable linear foot for each such dock or wharf. Useable linear footage shall be calculated in accordance with paragraph (d) of this Section. Such fee shall be payable prior to the issuance of a permit to construct the dock or wharf and shall be in lieu of the fee assessable pursuant to paragraph (d) of this Section for the calendar year in which such a permit is issued. Each successive year thereafter, the owner shall pay the fee required by paragraph (d) of this Section. This provision shall not apply to the replacement in kind of an existing dock or wharf, but shall apply to any modification, extension, or expansion of an existing dock or wharf.

(g) The owner of each quick launch facility shall, in addition to the fees assessable pursuant to other paragraphs of this Section, pay an annual fee of $5.00 per usable linear foot for the total useable linear footage of dry storage capacity at the quick launch subject to the following:

(1) Where the quick launch facility uses wet storage capacity exclusively for vessels which are quick launched, the total useable linear footage of such capacity shall be subtracted from the total useable linear footage of dry storage capacity to prevent the double assessment of storage capacity which is used by the same vessels; and

(2) Where a quick launch facility does not use a rack storage or other system where the useable linear footage of storage capacity is measurable, the owner shall pay an annual fee based upon the total estimated linear footage of the vessels to be stored during a calendar year. Such owners shall, prior to April 1st of each year, estimate the total linear footage of vessels to be stored during that calendar year and shall pay the fee required by this subparagraph based upon that estimate. The estimate required herein shall not be less than the total linear footage of vessels stored during the previous calendar year, unless the owner demonstrates why the amount should be less. The commission shall not be bound by such an estimate if its staff determines it to be unreasonable, in which event the staff may calculate the estimated fee. Any person who is required to pay a regulatory fee based upon an estimate shall, on or before October 1st of the year in which such an estimate is given, report to the commission on such forms as the commission may prescribe the actual linear footage vessels stored during that calendar year. Such reports shall be verified by the owner or operator. Any amount which is disclosed to be due and payable to the commission shall be due and payable on October 1st of such year and shall be subject to a penalty in accordance with the provisions of Section 645-7.4 of this Subpart if not paid within 30 days of such date. Any excess amount shall be credited against the regulatory fee due and payable for the next succeeding fiscal year. Any dispute over the computation of such a recalculated fee shall be resolved under the procedures of Section 645-7.5 of this Subpart.

(h) Upon the registration of a dock, wharf or mooring, the owner shall affix the registration placard provided by the commission to the structure in a manner that makes it visible from the lake, if possible.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-7.6

Amended New York State Register March 8, 2017/Volume XXXIX, Issue 10, eff. 3/8/2017