§ 35-a. Floating objects other than aids to navigation.
1.The\ncommissioner may authorize, through the issuance of a revocable permit,\nthe placing in the navigable waters of the state, of mooring buoys,\nbathing beach markers, swimming floats, speed zone markers, or any other\nfloating object having no navigational significance, if in his opinion\nthe placing of such floating object will not be a hazard to navigation.\n 2. The commissioner is hereby authorized to make rules and regulations\nfor the issuance of such permits and he shall establish a uniform system\nof marking all floating objects that he authorizes to be placed.\n 3. Adjacent upland owners may place one mooring buoy and one swimming\nfloat of not more than one hundred square feet of surface area, in the\nwaters adjacen
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§ 35-a. Floating objects other than aids to navigation. 1. The\ncommissioner may authorize, through the issuance of a revocable permit,\nthe placing in the navigable waters of the state, of mooring buoys,\nbathing beach markers, swimming floats, speed zone markers, or any other\nfloating object having no navigational significance, if in his opinion\nthe placing of such floating object will not be a hazard to navigation.\n 2. The commissioner is hereby authorized to make rules and regulations\nfor the issuance of such permits and he shall establish a uniform system\nof marking all floating objects that he authorizes to be placed.\n 3. Adjacent upland owners may place one mooring buoy and one swimming\nfloat of not more than one hundred square feet of surface area, in the\nwaters adjacent to and within the boundaries of their shoreline,\nprovided however, that no floating object and no vessel or part thereof\nwhich is secured to a mooring buoy shall at any time extend more than\none hundred feet from shore and further provided that no floating object\nmay be placed in a navigable channel or in any location in which it will\ninterfere with free and safe navigation or free access to another\nperson's property. The commissioner shall have the right to remove or\nalter the location of any such buoy or float in the interest of\nnavigation.\n 4. The commissioner may, by rule, regulation, or order, designate\nlakes, or areas within lakes, in which fishing buoys may be placed. The\ncommissioner shall specify the size, shape, color and material of\nconstruction for such buoys, the manner of placing same and the type of\nground tackle to be used. No fishing buoys may be placed in the\nnavigable waters of the state except as specified by the commissioner in\nrules and regulations authorized herein.\n 5. The commissioner may prescribe a reasonable service charge to cover\nthe cost of issuance of permits authorized by this section. Revenues\nfrom such service charges shall be deposited into the "I love NY\nwaterways" boating safety fund established pursuant to section\nninety-seven-nn of the state finance law.\n 6. The provisions of this section which pertain to the mooring of\nvessels shall not apply to areas in which local ordinances so pertaining\nhave been duly approved by the commissioner or in which areas federal\nlaws or rules and regulations regulate the anchoring or mooring of\nvessels.\n 7. A violation of this section or the rules and regulations authorized\nherein shall constitute an offense punishable by a fine of not to exceed\nfifty dollars.\n