§ 46-A — Regulations of vessels

New York § 46-A

• Jurisdiction: New York
• Law NAV: Navigation
• Part 1: Vessels, General
• Art. 4: No title

Text

§ 46-a. Regulations of vessels. (1) The local legislative body of a\ncity or the board of trustees of a village may adopt, amend and enforce\nlocal laws, rules and regulations not inconsistent with the laws of this\nstate or the United States, with respect to:\n a. Regulating the speed and regulating and restricting the operation\nof vessels while being operated or driven upon any waters within or\nbounding the appropriate city or village, including any waters within or\nbordering a village in the county of Nassau or Suffolk, to a distance of\nfifteen hundred feet from the shore.\n b. Restricting and regulating the anchoring or mooring of vessels in\nany waters within or bounding the appropriate city or village to a\ndistance of fifteen hundred feet from the shore.\n c. Restricting and regulating the anchoring or mooring of vessels in\nsuch waters when used or occupied as living or sleeping quarters and;\nproviding time limits on duration of the stay of such vessels in such\nwaters and requiring inspection and registration of such vessels when so\nused.\n d. Restricting and regulating garbage removal from said vessels.\n e. Designating public anchorage area or areas and regulating the use\nthereof.\n (2) The local legislative body of the village of Sodus Point and the\ntown of Huron in the county of Wayne, the villages of Croton-on-Hudson\nand Mamaroneck and the town of Cortlandt in the county of Westchester,\nthe town of Stony Point in the county of Rockland, the town of Grand\nIsland in the county of Erie, the towns of Conesus, Geneseo, Groveland\nand Livonia in the county of Livingston, the towns of Irondequoit,\nWebster, and Penfield in the county of Monroe, the village of Greenwood\nLake and the town of Warwick in the county of Orange, the town of\nCarlton in the county of Orleans, the village of Sackets Harbor in the\ncounty of Jefferson, and the villages of Union Springs, Aurora and\nCayuga and the towns of Genoa and Ledyard in the county of Cayuga, the\ntown of Ithaca in the county of Tompkins, the city of Kingston and the\nvillage of Saugerties in the county of Ulster and the town of Porter in\nthe county of Niagara, the village of North Haven in the county of\nSuffolk, the towns of Fayette and Varick in the county of Seneca, the\nvillage of Skaneateles and the town of Skaneateles in the county of\nOnondaga, and the town of Springfield in the county of Otsego may adopt,\namend and enforce local laws, rules and regulations not inconsistent\nwith the laws of this state or the United States, with respect to the\nrestriction and regulation of the manner of construction and location of\nboathouses, moorings and docks in any waters within or bounding the\nrespective municipality to a distance of fifteen hundred feet from the\nshoreline.\n (4) a. The local legislative body of the city of Canandaigua and the\ntowns of Canandaigua, Gorham, South Bristol, Canadice and Richmond in\nthe county of Ontario and the towns of Middlesex and Italy in the county\nof Yates may adopt, amend and enforce local laws, rules and regulations\nnot inconsistent with the laws of the United States, with respect to the\nrestriction and regulation of the manner of construction and location of\nboathouses, moorings and docks in any waters within or bounding the\naforementioned cities and towns to a distance of 1500 feet from the\nshoreline.\n b. No such local law, rule or regulation shall take effect in the town\nof Canandaigua, Gorham, South Bristol, Middlesex or Italy or in the city\nof Canandaigua with regard to Canandaigua Lake, or in the town of\nCanadice or Richmond with regard to Honeoye Lake until all respective\nlakeshore municipalities unanimously agree by resolution to a set of\nuniform standards that include at a minimum the length and density of\ndocks, the number of boats or boat slips allowed per lineal foot of\nlakeshore for various land uses, the number of moorings and boathouses\nallowed for various land uses, and the allowable dimensions and\nlocations for docks, and provided further that no such local law shall\ntake effect until it shall have been submitted to and approved in\nwriting by the commissioner of parks, recreation and historic\npreservation and provided further that no future amendments to the\nuniform standards shall take effect until all respective lakeshore\nmunicipalities unanimously agree by resolution to the revised set of\nuniform standards and such revised standards have similarly been\nsubmitted to and approved in writing by the commissioner.\n (5) The local legislative body of any city, town or village which is a\nparticipating community as defined in subdivision ten of section 44-0103\nof the environmental conservation law may adopt, amend and enforce local\nlaws, rules and regulations not inconsistent with the laws of this state\nor the United States or with the Hudson river valley greenway compact,\nwith respect to the restriction and regulation of the manner of\nconstruction and location of boathouses, moorings and docks in any\nwaters within or bounding the respective municipality to a distance of\nfifteen hundred feet from the shoreline. Nothing in this subdivision or\nin article forty-four of the environmental conservation law or in the\nHudson river valley greenway compact produced pursuant to such article,\nshall be deemed to affect, impair or supersede the provisions of any\ncharter, local law, rule or other local requirements and procedures\nheretofore or hereafter adopted by such participating community,\nincluding, but not limited to, any such provisions relating to the\nzoning and use of land or any waters within or bounding such\nparticipating community to a distance of fifteen hundred feet from the\nshoreline.\n (6) a. The local legislative bodies of the towns of Barrington,\nJerusalem, Milo, Pulteney, Urbana and Wayne and the villages of\nHammondsport and Penn Yan in the counties of Steuben and Yates may\nadopt, amend and enforce local laws, rules and regulations not\ninconsistent with the laws of the United States, with respect to the\nrestriction and regulation of the manner of construction and location of\nboathouses, moorings and docks in any waters within or bounding the\naforementioned towns and villages to a distance of fifteen hundred feet\nfrom the shoreline.\n b. No such local law, rule or regulation shall take effect in the\ntowns of Barrington, Jerusalem, Milo, Pulteney, Urbana or Wayne and the\nvillages of Hammondsport and Penn Yan with regard to Keuka Lake, until\nall respective lakeshore municipalities unanimously agree by resolution\nto a set of uniform standards that include at a minimum the length and\ndensity of docks, the number of boats or boat slips allowed per lineal\nfoot of lakeshore for various land uses, the number of moorings and\nboathouses allowed for various land uses, and the allowable dimensions\nand locations for docks, and provided further that no such local law\nshall take effect until it shall have been submitted to and approved in\nwriting by the commissioner and provided further that no future\namendments to the uniform standards shall take effect until all\nrespective lakeshore municipalities unanimously agree by resolution to\nthe revised set of uniform standards and such revised standards have\nsimilarly been submitted to and approved in writing by the commissioner.\n The provisions of this section shall be controlling notwithstanding\nany contrary provisions of law.\n