§ 32 — Location of structures in or on navigable waters

§ 32. Location of structures in or on navigable waters. 1.\nNotwithstanding the provisions of subdivision two of section forty-six-a\nof this chapter, no wharf, dock, pier, jetty, platform or other\nstructure built on floats, columns, open timber, piles or similar\nopen-work supports, temporary or permanent, shall be constructed,\ninstalled, repaired, modified, expanded or otherwise placed by any\nperson in the navigable waters of the state or in a navigable channel or\nreplaced by any person in such waters or channel on or after the\neffective date of this section after having been removed from such\nwaters or channel for a period in excess of thirty days so as to\ninterfere with the free and direct access to such waters from the\nproperty, wharf, dock or similar structure of any other person unless\nwritten permission is obtained therefor from such other person.\n 2. In case any written complaint shall be filed with the commissioner\nof general services and he shall have cause to believe, or in case the\ncommissioner himself shall have cause to believe, that any person is\nviolating the provisions of this section or any rule or regulation\npromulgated pursuant to this section, the commissioner shall cause a\nprompt investigation to be made.\n 3. The commissioner shall have the power, after hearing on due notice,\nto make and serve an order, setting forth the findings of fact and\nconclusions therefrom, directing any person constructing, installing,\nrepairing, modifying, expanding or otherwise placing or using any such\nstructure to either move or remove the said structure or to reconstruct,\nrepair or modify the same within such reasonable time and in such manner\nas shall be specified in said order, and it shall be the duty of every\nsuch person to obey, observe and comply with such order and the\nconditions therein prescribed. The commissioner is authorized to adopt,\namend, repeal and enforce such rules and regulations as he may deem\nnecessary to govern administrative procedures applicable to hearings\nunder this section.\n 4. It shall be unlawful for any person to fail, omit or neglect to\ncomply with such order or to fail to move, remove, reconstruct, repair\nor modify said structure as provided in the order within a reasonable\ntime as designated by the commissioner.\n 5. Any person who fails, omits or neglects to comply with or otherwise\nviolates any such order shall be liable for a civil penalty of not more\nthan one hundred dollars for such violation and an additional civil\npenalty of not more than one hundred dollars for each day during which\nsuch violation continues, to be assessed by the commissioner.\n 6. The commissioner is hereby authorized to commence an action or\nproceeding in a court of competent jurisdiction to compel compliance\nwith any order made and to recover any penalty assessed pursuant to the\nprovisions of this section.\n 7. Any civil penalty or order issued by the commissioner under this\nsection shall be reviewable in a proceeding under article seventy-eight\nof the civil practice law and rules.\n 8. The provisions of this section shall not apply to marine terminals\nincluding piers, wharves, docks, bulkheads, slips, basins and other\nstructures or facilities used in the transportation of waterborne cargo\nor passengers in interstate or foreign commerce.\n