N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 646-1.6

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

Section 646-1.6 - Miscellaneous provisions

(a) Prior to granting any permit relative to a dock, wharf, mooring or marina, the commission shall ascertain the probable effect of the proposed facility and the operation thereof on the health, safety and welfare of the public and on the resources of the park. The commission shall also ascertain the impact of the proposed facility upon the congestion of Lake George and the probable visual, cultural and audible effects of the proposed facility on the neighborhood in which the facility is proposed and on the park. Where the commission determines that the facility will have an undue impact upon the health, safety, or welfare of the public or the resources of the park, lead to overcrowding or congestion, or cause undue visual, cultural or audible impacts on the neighborhood or the park, a permit shall be denied.

(b) Any person owning, operating, or constructing a dock, wharf or mooring, shall be responsible for the complete removal of pilings, cribs, chains and blocks, floats and/or any other related components which are abandoned or fall into disuse.

(c) All persons shall comply with all conditions issued with any permit issued for the construction, operation or use of a dock, wharf, mooring or marina. Failure to comply with any such condition shall be a violation and grounds for the immediate revocation of the permit and/or the imposition of a fine for each day from the date the violation first occurred until the violation is corrected.

(d) A permit shall not be required for maintenance and repair of an existing dock, wharf or mooring if such repairs do not alter the size or shape of the dock or wharf. All repairs must conform to the requirements of this Subpart.

(e) Any change in use of an existing marina which increases the number and/or types of vessels serviced shall require a modification to any previously issued permit.

(f) Prior to the issuance of any permit which involves the commercial use of a dock, wharf or mooring, or the registration of any such facility, the commission shall require the applicant to certify that the facilities and associated land uses are in compliance with applicable provisions of state and local laws, ordinances, rules and regulations.

(g) No person shall clean any vessel with chemicals or detergents where runoff into or contamination of the waters of the park is likely to occur.

(h) No person shall launch a vessel into or remove a vessel from the waters of the park without inspecting the vessel and its trailer, if any, to ensure the detection of marine growth, including macrophytes (weeds), or any other hull contamination, and removing said growth and disposing of it so as to ensure that it is not discharged into the waters of the park.

(i) No person shall launch any vessel into the waters of the park, or operate a vessel on the waters of the park, which is not permanently sealed to prevent the discharge of wastewater into the waters of the park.

(j) No permit shall be issued under sections 646-1.1 and 646-1.2 of this Subpart, and no facility shall be registered under section 646-1.3 of this Subpart unless the applicant demonstrates that the requirements of those sections have been complied with. If, during the life of the registration or permit the dock, wharf or mooring, or marina, ceases to meet the requirements of this Subpart, the registration or permit shall be subject to immediate revocation and the owner or operator shall be subject to the imposition of a fine for each day until the violation is corrected.

(k) No vessel shall be berthed at a dock, wharf or mooring without the prior consent of the adjoining landowner so as to encroach beyond the adjacent property line extended into the lake on the same axis as the property line runs onshore where it meets the lake, or at a right angle to the mean high-water mark, whichever results in the lesser setback.

(l) No person shall operate or put to use a commercial dock, wharf, mooring, Class A marina or Class B marina without implementing a maintenance program sufficient to keep all docks, wharves, adjacent shoreline, water and lake bottom clean of debris.

(m) The construction of a dock, wharf or mooring may also require a permit from other agencies, including the following: the department; the U.S. Army Corps of Engineers; in certain locations, a wetlands permit or a land use permit from the APA; and/or municipal zoning approval.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 646-1.6