N.Y. Comp. Codes R. & Regs. tit. 6 § 505.8

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

Section 505.8 - Restrictions on regulated activities within natural protective feature areas

(a) Nearshore areas. The following restrictions and requirements apply to regulated activities in nearshore areas:

(1) Excavating, grading, mining or dredging which diminishes the erosion protection afforded by nearshore areas is prohibited. However, coastal erosion management permits for dredging may be issued for constructing or maintaining navigation channels, bypassing sand around natural and man-made obstructions, or artificial beach nourishment.

(2) All development is prohibited in nearshore areas unless specifically allowed by this subdivision.

(3) The normal maintenance of structures may be undertaken without a coastal erosion management permit.

(4) Clean sand, or gravel of an equivalent or slightly larger grain size, is the only material which may be deposited within nearshore areas. Any deposition will require a coastal erosion management permit.

(5) A coastal erosion management permit is required for new construction, modification or restoration of docks, piers, wharves, groins, jetties, seawalls, bulkheads, breakwaters, revetments and artificial beach nourishment. Docks, piers, wharves or structures built on floats, columns, open timber, piles or similar open-work supports having a top surface area of 200 square feet or less, or docks, piers, wharves or other structures built on floats and removed in the fall of each year, are expected from this permit requirement.

(b) Beaches. The following restrictions and requirements apply to regulated activities on beaches:

(1) Excavating, grading or mining which diminishes the erosion protection afforded by beaches is prohibited.

(2) All development is prohibited on beaches unless specifically allowed by this subdivision.

(3) The normal maintenance of structures may be undertaken without a coastal erosion management permit.

(4) The restoration of existing structures that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit.

(5) Nonmajor additions to existing structures that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit.

(6) The following restrictions apply to the use of motor vehicles on beaches:

(i) motor vehicles must operate seaward of the upper debris lines at all times. On those beaches where no debris line exists, motor vehicles must operate seaward of the toe of the primary dune; and

(ii) motor vehicles must not travel on vegetation.

(7) A coastal erosion management permit for deposition of material on beaches will be issued only for expansion or stabilization of beaches; clean sand, or gravel of an equivalent or slightly larger grain size, must be used.

(8) Beach grooming or clean-up operations do not require a coastal erosion management permit.

(9) A coastal erosion management permit is required for new construction, modification or restoration of docks, piers, wharves, boardwalks, groins, jetties, seawalls, bulkheads, breakwaters, revetments, and artificial beach nourishment. Docks, piers, wharves or structures built on floats, columns, open timber, piles or similar open-work supports having a top surface area of 200 square feet or less, or docks, piers, wharves or other structures built on floats and removed in the fall of each year, are excepted from this permit requirement.

(10) Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved in writing by the department.

(c) Bluffs. The following restrictions and requirements apply to regulated activities on bluffs.

(1) Excavating, grading or mining of bluffs is prohibited, except where:

(i) the minor alteration of a bluff is done in accordance with conditions stated in a coastal erosion management permit issued for the construction of an erosion protection structure; or

(ii) a bluff cut is made in a direction perpendicular to the shoreline to provide shoreline access. The ramp slope of bluff cuts must not be steeper than 1:6 and the side slopes must not be steeper than 1:3, if not terraced or otherwise structurally stabilized. Side slopes and other disturbed nonroadway areas must be stabilized with vegetation or other approved physical means, and completed roadways must be stabilized and drainage provided for, all in accordance with terms and conditions of a coastal erosion management permit.

(2) Vehicular traffic is prohibited on bluffs.

(3) All development is prohibited on bluffs unless specifically allowed by this subdivision.

(4) The normal maintenance of structures may be undertaken without a coastal erosion management permit.

(5) The restoration of existing structures that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit.

(6) Nonmajor additions to existing structures may be allowed on bluffs pursuant to a coastal erosion management permit.

(7) A coastal erosion management permit is required for new construction, modification or restoration of erosion protection structures, walkways or stairways. Elevated walkways or stairways constructed solely for pedestrian use and built by or for an individual property owner for the limited purpose of providing noncommercial access to the beach are excepted from this permit requirement.

(8) Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved in writing by the department.

(9) Any grading, excavating, or other soil disturbance conducted on a bluff must not direct surface water runoff over a bluff face.

(d) Primary dunes. The following restrictions and requirements apply to regulated activities on primary dunes:

(1) Excavating, grading or mining of primary dunes is prohibited.

(2) Vehicular traffic is prohibited on primary dunes, except in those areas designated by the department for dune crossing.

(3) Nonmajor additions to existing structures are allowed on primary dunes pursuant to a coastal erosion management permit and subject to permit conditions concerning the location, design and potential impacts of the structure on the primary dune.

(4) Foot traffic which causes sufficient damage to primary dunes to diminish the erosion protection afforded by them is prohibited. Pedestrian passage across primary dunes must utilize elevated walkways and stairways, or other specially designed dune-crossing structures approved by the department.

(5) All development is prohibited on primary dunes unless specifically allowed by this subdivision.

(6) The normal maintenance of structures may be undertaken without a coastal erosion management permit.

(7) The restoration of existing structures that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit.

(8) A coastal erosion management permit is required for new construction, modification or restoration of stone revetments or other erosion-protection structures compatible with primary dunes. Such erosion-protection structures will only be allowed at the seaward toe of primary dunes and must not interfere with the exchange of sand between primary dunes and their fronting beaches.

(9) A coastal erosion management permit is required for new construction, modification or restoration of elevated walkways or stairways. Elevated walkways or stairways constructed solely for pedestrian use and built by or for an individual property owner for the limited purpose of providing noncommercial access to the beach are excepted from this permit requirement.

(10) Clean sand obtained from excavation, dredging or beach grading may be deposited on a primary dune, or on an area formerly a primary dune, to increase its size or restore it. Such deposition must be vegetatively stabilized using native species tolerant to salt spray and sand burial, e.g., American beach grass. Such deposition requires a coastal erosion management permit.

(11) Vegetative planting and sand fencing, to stabilize or entrap sand in order to maintain or increase the height and width of dunes, does not require a coastal erosion management permit. Vegetative plantings must be of native species tolerant to salt spray and sand burial, e.g., American beach grass.

(12) Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved in writing by the department.

(e) Secondary dunes. The following restrictions and requirements apply to regulated activities in areas identified on coastal erosion hazard area maps as secondary dunes:

(1) Secondary dunes must not be excavated, graded or mined such that the erosion protection afforded by them is diminished.

(2) Clean sand obtained from excavation, dredging, or beach grading may be deposited on a secondary dune, or an area formerly a secondary dune, to increase its size or restore it. Such deposition must be vegetatively stabilized using native species tolerant to salt spray and sand burial, e.g., American beach grass. Such deposition requires a coastal erosion management permit.

(3) The normal maintenance of structures may be undertaken without a coastal erosion management permit.

(4) The construction, modification, or restoration of a structure, or major addition to an existing structure, requires a coastal erosion management permit. Permit requirements include:

(i) a new structure, or the restoration of or major addition to an existing structure, must be built on adequately anchored pilings such that at least three feet of open space exists between the lowest, horizontal structural members, e.g., floor joists, and the surface of the secondary dune; and

(ii) the space below the lowest horizontal structural members must be left open and free of obstructions.

(5) Exceptions.

(i) The provision contained in paragraph (4) of this subdivision that requires obtaining a coastal erosion management permit for the construction, modification, or restoration of a structure or major addition to an existing structure, does not apply to elevated walkways or stairways constructed solely for pedestrian use and built by or for an individual property owner for the limited purpose of providing noncommercial access to the beach.

(ii) The restoration of existing structures that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit.

(6) Nonmajor additions to existing structures are allowed on secondary dunes pursuant to a coastal erosion management permit.

(7) Vegetative planting and sand fencing, to stabilize or entrap sand to maintain or increase the height and width of dunes, does not require a coastal erosion management permit. Vegetative plantings must be of native species tolerant to salt spray and sand burial, such as American beach grass.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 505.8