N.Y. Comp. Codes R. & Regs. tit. 6 § 505.7

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

Section 505.7 - Restrictions on regulated activities within structural hazard areas

(a) Movable structures may be constructed or placed within a structural hazard area only if a coastal erosion management permit has been granted. Coastal erosion management permit requirements include the following:

(1) No permanent foundation is attached to the movable structure and any temporary foundations are removed at the time the structure is moved. Below-grade footings will be allowed if satisfactory provision is made for their removal.

(2) No movable structure may be placed closer to the landward limit of a bluff than 25 feet.

(3) No movable structure may be placed or constructed so that, according to accepted engineering practice, its weight places an excessive ground loading on a bluff.

(4) A plan for the landward relocation of a movable structure, when threatened by shoreline recession, must be included with each coastal erosion management permit application.

(5) Movable structures, which have been located within an erosion hazard are pursuant to a coastal erosion management permit, must be removed before the receding edge recedes to within 10 feet of the most seaward point of the movable structure.

(6) Debris from structural damage which may occur as a result of sudden, unanticipated bluff-edge failure or erosion must be removed within 60 days of the damaging event.

(7) The last owner of record, as shown on the latest assessment roll, of real property upon which a movable structure is placed is responsible for removing that structure and its foundation, unless the last owner of record and the owner of the structure, if the structure is not owned by the last owner of record, have made an agreement providing otherwise in a form acceptable to the department.

(b) The construction or placement of a nonmovable structure, or nonmovable major addition to an existing structure, is prohibited within structural hazard areas.

(c) A coastal erosion management permit is required for the installation of public service distribution, transmission or collection systems for gas, electricity, water or wastewater. Systems installed to serve coastline development along mainland shorelines must be located landward of the shoreline structures being served.

(d) Any grading, excavating, or other soil disturbance conducted within a structural hazard area must not direct surface water runoff over a bluff face.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 505.7