§ 922 — Comprehensive harbor management plans

§ 922. Comprehensive harbor management plans. 1. In order to implement\na comprehensive harbor management plan the local legislative body of a\ncity, town or village may adopt, amend and enforce local laws or\nordinances, not inconsistent with the laws of this state or the United\nStates, to regulate the construction, size and location of wharves,\ndocks, moorings, piers, jetties, platforms, breakwaters or other\nstructures, temporary or permanent, in, on or above waters and the use\nof surface waters and underwater lands within a city, town or village or\nbounding a city, town or village to a distance of fifteen hundred feet\nfrom the shore. Such local laws or ordinances may provide for the\nimposition of fees for reasonable expenses incurred by the city, town or\nvillage in carrying out this regulatory authority.\n 2. No 1oca1 1aw or ordinance adopted pursuant to the powers granted by\nthis section shall take effect until it shall have been submitted to and\napproved in writing by the secretary of state, nor shall such 1oca1 1aw\nor ordinance affect projects and facilities undertaken or constructed by\npublic authorities for which a statutory exemption has been provided or\npublic authorities formed by compact with another state or any\nsubsidiary thereof formed pursuant to bi-state legislation. The\nsecretary of state shall not approve any local law or ordinance without\nfirst consulting with the commissioner of general services and other\ninterested state agencies administering state-owned lands underwater,\nnor shall the secretary approve any local law or ordinance not in\naccordance with any comprehensive harbor management plan adopted as part\nof a local waterfront revitalization program by the local legislative\nbody of the city, town or village and approved by the secretary pursuant\nto this article.\n 3. (a) Municipalities on lakes, other than those lakes identified in\nsubdivision four of section nine hundred eleven of this article, may,\npursuant to this section, develop cooperative lakewide local waterfront\nrevitalization programs and harbor management plans.\n (b) Where no local waterfront revitalization program and harbor\nmanagement plan exists which has been cooperatively prepared by all of\nthe municipalities which border the shores of such a lake, no local law\nor ordinance adopted by one such municipality pursuant to a harbor\nmanagement plan shall be approved without a finding by the secretary of\nstate that the local law or ordinance is consistent as well with the\nmanagement of the lake by, and interests of, the lake residents and its\nmunicipalities as a whole.\n (c) Where an organization or entity has been created by statute to\nprovide lakewide planning or regulation, such local laws or ordinances\nshall be consistent with the plans developed by such organization or\nentity pursuant to the procedures required in such statute.\n 4. No provision of this chapter shall be deemed to diminish the\nauthority of any city, town or village pertaining to the regulation of\nharbors, surface waters and underwater lands granted by any other law,\ncharter, patent or other instrument. Nor shall it be read to authorize\nlocal harbor management plans displacing conforming water-dependent\nbusinesses in existence on the effective date of this section.\n 5. Any conveyances of interests pursuant to subdivision seven of\nsection seventy-five of the public lands law and any permits issued\npursuant to subdivision one of section 15-0503 of the environmental\nconservation law shall be consistent, insofar as possible, with approved\ncomprehensive harbor management plans adopted pursuant to this section.\n