N.Y. Comp. Codes R. & Regs. tit. 6 § 505.1
Current through Register Vol. 46, No. 45, November 2, 2024
(a) The purpose of this Part is to implement the provisions of article 34 of the Environmental Conservation Law, the Coastal Erosion Hazard Areas Act [FN*]. This Part defines when the department will administer a regulatory program within identified coastal erosion hazard areas and establishes standards for the issuance of coastal erosion management permits by the department. Procedural requirements are also established for local governments that wish to implement a local program, although local implementation is not required until after the department has filed coastal erosion hazard area maps for a municipality. Minimum standards and criteria the department will use in certifying and revoking local programs are also outlined.(b) Land use, development and other activities are regulated in coastal areas subject to coastal flooding and erosion to minimize or prevent damage or destruction to man-made property, natural protective features, other natural resources, and to protect human life.(c) New construction or placement of structures is regulated to place them a safe distance from areas of active erosion and the impacts of coastal storms to ensure that these structures are not prematurely destroyed or damaged due to improper siting, as well as to prevent damage to natural protective features and other natural resources.(d) Public investment in services, facilities or activities which are likely to encourage new permanent development in erosion hazard areas is restricted.(e) Publicly financed erosion protection structures to minimize erosion damage are to be used only where necessary to protect human life or where the public benefits of such structures clearly outweigh the public expenditures.(f) The construction of erosion protection structures is regulated in coastal areas subject to serious erosion to assure that, when the construction of erosion protection structures is justified, their construction and operation will minimize or prevent damage or destruction to man-made property, private and public property, natural protective features, and other natural resources. [FN*] Chapter 841 of the Laws of 1981, which enacted ECL article 34, gave it the statutory short title: "The Shoreowner's Protection Act."--ED.
N.Y. Comp. Codes R. & Regs. Tit. 6 § 505.1