§ 34-0103 — Definitions

New York § 34-0103

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Art. 34: Coastal Erosion Hazard Areas

Text

§ 34-0103. Definitions.\n 1. "Activities or development" shall mean any land use, construction\nor placement by any person of a structure, or any action which\nmaterially alters the condition of land, including grading and\nexcavating or other disturbance of soil. The term shall include the\ndivision of land into lots, parcels or sites.\n 2. "Coastal erosion" or "erosion" shall mean loss or displacement of\nland along the coastline due to the action of waves, currents running\nalong the shore, tides, wind-driven water or water-borne ice or other\nimpacts of coastal storms. It shall also mean loss or displacement of\nland along the coastline due to the action of wind, runoff of surface\nwaters, or groundwater seepage.\n 3. "Coastal erosion hazard area" or "erosion hazard area" shall mean\nthose areas of the coastline:\n (a) Which are determined as likely to be subject to erosion within a\nforty-year period. The inland boundary of such areas shall be determined\non the basis of shoreline recession analysis and other pertinent studies\nand surveys by starting at the bluff edge or most landward point of\nactive erosion and measuring along a line which is normal to the line of\nmean high water a distance which is forty times the long-term average\nannual rate of shoreline recession, where such average annual recession\nrate is at least one foot; or\n (b) Which constitute natural protective features, the alteration of\nwhich might reduce or destroy the protection afforded other lands\nagainst erosion, or lower the reserves of sand or other natural\nmaterials available to replenish storm losses through natural processes.\n The erosion hazard area is to be identified as provided in section\n34-0104 of this article and shall be the area within which new\nactivities or development shall be reviewed to effectuate the policies\nand purposes of this article to minimize damage caused by erosion to\nstructures and to prevent damage to natural protective features caused\nby activities or development, as provided for in section 34-0108 of this\narticle.\n 4. "Coastline" shall mean the lands adjacent to the state's coastal\nwaters, including lakes Erie and Ontario, the St. Lawrence and Niagara\nrivers, the Hudson river south of the federal dam at Troy, the East\nriver, the Harlem river, the Kill van Kull and Arthur Kill, Long Island\nsound and the Atlantic ocean, their connecting water bodies, bays,\nharbors, shallows and marshes.\n 5. "Erosion protective structure" shall mean a structure specifically\ndesigned to reduce or prevent erosion including man made protection\nfeatures created by landfill or deposition.\n 6. "Land" shall mean the earth, on or below the surface of the ground,\nincluding water and air above.\n 7. "Local government" shall mean a village, town (outside the area of\nany incorporated village), city or county.\n 8. "Natural protective features" shall mean without limitation,\nbeaches, dunes, shoals, bars, spits, barrier islands, bluffs and\nwetlands; associated natural vegetation shall also be considered as part\nof such natural protective features.\n 9. "Person" shall mean any individual, public or private corporation,\npolitical subdivision, government agency, partnership, association,\nfirm, trust, estate or any other legal entity whatsoever.\n 10. "State agency" shall mean any department, bureau, commission,\nboard, public authority or other agency of the state, including any\npublic benefit corporation, any member of which is appointed by the\ngovernor.\n 11. "Structure" shall mean any object constructed, installed or placed\non land or in water, including, but not limited to, buildings, permanent\nsheds, mobile homes, tanks, bulkheads, piers, docks, groins, jetties and\nany additions or alterations thereto.\n 12. "Significant fish and wildlife habitat" shall mean habitats which\nare essential to the survival of a large portion of a particular fish or\nwildlife population, support rare or endangered species, are found at a\nvery low frequency within a geographic area, support fish or wildlife\npopulations having significant commercial or recreational value or would\nbe difficult or impossible to replace.\n