New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter III - New York State Thruway Authority
Subchapter D - Canal System
Part 156 - Revocable Permits
Section 156.4 - Schedule of fees for revocable permits for the temporary use or occupancy of canal lands or facilities and for the diversion or use of canal waters
Universal Citation: 21 NY Comp Codes Rules and Regs ยง 156.4
Current through Register Vol. 46, No. 12, March 20, 2024
The following fees shall be payable for canal work permits, for permits for the use and occupancy of canal lands or facilities and for permits for the diversion or use of canal waters:
(a) Canal work permits.
Any party who plans to perform any work on the canal system must apply for and obtain a revocable canal work permit. Application, review and issuance of the permit will be administered by the Office of Canal Maintenance and Operations through the division office of canals. Canal work permit applicants must pay the following fees:
(1) Application fee: $25
(nonrefundable).
(2) Spoil removal:
$0.50 per cubic yard.
(i) Fee waived when
removal is determined by the Canal Corporation to be advantageous to the Canal
Corporation.
(3) Snow
dumping: $25.
(i) Fee waived for
municipalities.
(4) An
additional charge of $250 per day will be imposed for any approved work on the
canal system requiring an onsite inspection by Canal Corporation staff of
one-half day or more.
(5) Insurance
requirements for canal work permits:
(i)
Insurance coverage must be provided to cover the People of the State of New
York, the authority and the Canal Corporation, and all employees of the
authority and the Canal Corporation for all operations of the permittee. A
permittee may provide insurance coverage as stated in either clause
(a) or (b) of this subparagraph:
(a) Filing of a certificate of insurance
which indicates canal work permit coverage, submitted to the Canal Corporation
by permittee' s insurance company or agent to insure the authority and the
Canal Corporation for all operations of the permittee under the
permit.
(b) Payment under the
departmental blanket policy of $7.50 for insurance coverage.
(c) Utility companies and municipalities may
furnish an undertaking in lieu of clause (a) or
(b) of this subparagraph. An undertaking is a written
agreement signed by a utility company or a municipality in which it agrees to
faithfully perform the work under all canal work permits issued to them, comply
with all the terms and conditions of such canal work permits, restore the Canal
Corporation property to a satisfactory condition, and pay all damages, costs
and judgments which may be recovered against the authority and/or Canal
Corporation by reason of damages arising out of work done under such canal work
permits. Undertakings must include the wording required by the Canal
Corporation and must be executed through an insurance/bonding company. In some
cases a private corporation may furnish an undertaking; however, each request
must be reviewed independently.
(d)
An applicant for a canal work permit shall obtain workers' compensation
insurance and/or workers' disability benefits coverage in accordance with the
Workers' Compensation Board requirements.
(b) Permit for use of Canal Corporation property.
Any party who plans to use and/or occupy canal lands or facilities must apply for and obtain a revocable permit for use of Canal Corporation property. The application and issuance of this permit is administered by the Division Office of Canals for a fee as determined in accordance with this subdivision.
(1)
Fees for use of canal lands and facilities.
(i) Permit fees for use of canal lands and
facilities will be based on the property's fair market rental value as
established by the Canal Corporation by an analysis, comparison and use of the
most comparable rentals and sales found in the market, with the exception of
permits described in subparagraph (ii) of this paragraph. The fee will be based
upon a consideration of the use made of the permitted area, including placement
of, but not limited to docks, ramps, slips and floats.
(ii) Permit fees for canal land used in
conjunction with adjoining residences or camps for access to the canal waters
or maintained as part of the permittee's property shall be $50 per year. This
type of permit is restricted to upland owners and includes only lands between
an upland residence or campsite and the canal waters; the permitted area cannot
exceed one acre of land and cannot contain any building improvements. The
permit gives the permittee the right of exclusive access across the canal lands
to the canal waters. An additional charge of $50 will be imposed if the
permittee elects to erect and/or maintain a dock, ramp, slip or float within
the canal waters.
(2)
Powerline, telephone and other communication crossings.
(i) Aboveground crossings. The annual permit
fees for aboveground powerline, telephone and other communication crossings
will be based on 50 percent of the occupied property's fair market rental value
as determined by the Canal Corporation. The area necessary to accommodate the
crossings will be computed by multiplying the required width of the corridor by
the length of the corridor as measured along its centerline. The required
corridor widths will vary based on the size and type of the bearing structure
and the capacity of the transmission line. The minimum prescribed corridor
widths are as follows:
| Powerline voltage | Minimum prescribed corridor width |
| 765kv | 250 feet |
| 500kv | 175 feet |
| 230 to 345kv | 150 feet |
| 115 to 138kv | 100 feet |
| 34.5 to 69kv | 50 feet |
| 23kv or less (includes telephone or other communication crossings) | 25 feet |
The corridor width of a multiline crossing will be determined by taking one-half the prescribed corridor width for each outside line and adding it to the distance between them. In no case shall the total corridor width be less than the required width for the powerline having the greatest voltage capacity. If more than one transmission line is attached to the same bearing structure, the corridor width will be that required for the transmission line with the greatest voltage capacity. The annual permit fee will be computed by multiplying the corridor area by 50 percent of the property's fair market rental value. If the area within the corridor is over water, it will be appraised using the value of adjoining canal upland.
(ii) Underground crossings. The
annual permit fee for underground powerline, telephone and other communication
crossings will be computed in the same manner as aboveground, except the
corridor width will be a minimum 25 feet regardless of the line's voltage
capacity.
(3) Pipeline
crossings.
(i) Aboveground (at grade). The
annual permit fees for all aboveground pipelines will be based on 100 percent
of the occupied property's fair market rental value as determined by the Canal
Corporation. The area which is required to accommodate an aboveground pipeline
crossing will be computed by multiplying the length of the pipeline by a
25-foot minimum corridor width.
(ii) Underground. The annual permit fee for
an underground pipeline crossing will be based on 50 percent of the occupied
property's fair market rental value as determined by the Canal Corporation. The
area which is required to accommodate the underground crossing will be computed
by multiplying the prescribed corridor width times the length of the pipeline.
The minimum prescribed corridor widths for underground pipelines are as
follows:
| Pipeline-diameter | Minimum prescribed corridor width |
| Under 6 inches | 15 feet |
| 6 inches or more | 25 feet |
(4) Vendors. For temporary or periodic
occupancy, $5 per day, $50 minimum or $250 per year.
(5) Water usage. The fee will be based on a
review of comparable prices of water available in the geographic area but will
not exceed two percent of the cost per gallon charged by the nearest potable
municipal water supplier.
(6) For
uses not specified in this subdivision, the fee will be based on all relevant
factors, such as nature and extent of use of canal property.
(7) Minimum fee. The minimum fee for a permit
for use of Canal Corporation property will be $50.
(8) Late charge. If the permit fee has not
been paid in full by the 15th day after it has become due, an additional charge
of two percent per month will be due and owing to the Canal
Corporation.
(9) Canal
identification plates. The Canal Corporation will issue canal identification
plates to all approved holders of a permit for use of Canal Corporation
property. These plates must be conspicuously posted on the property while the
permit is in force and must be removed and returned to the Canal Corporation
when the permit is no longer in force.
(10) Periodic review of permit fees. The
Canal Corporation may revise fees for a permit for use of Canal Corporation
property periodically to reflect fair market rental value. Written notice will
be given to the permittee.
(11)
Procedure for contesting determination of permit fees.
(i) The permit applicant or permittee may
dispute a permit fee determination within one month of being informed thereof
by delivering or mailing, by certified mail, a request for a conference to the
division office of canals having jurisdiction. This request must specify and
document reasons for disagreement with the fee. Such conference shall be
scheduled and conducted in the division office of canals. The permit applicant
or permittee may have representation at the conference. After all relevant
information has been presented and analyzed, the division director shall within
14 days notify the permit applicant or permittee of the decision in
writing.
(ii) The division
director's decision may be appealed by the permit applicant or permittee within
30 days of the receipt of the decision, in writing, to the New York State Canal
Corporation, P.O. Box 189, Albany, NY 12201, by certified mail. The director of
canals shall conduct an independent review of all the available information,
and may also schedule a conference to allow the permit applicant or permittee,
or a representative, to rebut the division director's permit fee determination.
Based on a full review of all the available data and within 14 days of receipt
of a request for review, or of a conference, whichever is later, the director
of canals shall decide the final fee determination. This determination shall be
the final determination and shall be communicated to the permit applicant or
permittee in writing.
(iii) Fees
due the Canal Corporation are not waived either in total or in part during the
appeal process outlined in subparagraph (ii) of this paragraph. Any overpayment
which may result from a successful appeal will be refunded.
(12) Insurance requirements.
(i) Permit holders must provide the Canal
Corporation with proof of general liability coverage issued by an insurance
carrier licensed to do business in the State of New York naming the People of
the State of New York, the authority and the Canal Corporation as additional
insureds.
(ii) The coverage must be
single limit per occurrence for combined property damage and/or bodily injury,
including death.
(iii) Minimum
limits:
| (a) Residential/Recreational | $ 300,000 |
| (b) Agricultural | $ 300,000 |
| (c) Vendors | $ 500,000 |
| (d) Industrial | $ 2,000,000 |
| (e) Commercial | $ 2,000,000 |
| (f) Utility corporations or private corporations transmitting natural gas, electricity or fluids of a hazardous nature | $ 3,000,000 |
| (g) Special events involving public participation | $ 2,000,000 |
| (h) For uses not specified in this subparagraph, the limits will be established by considering the limits listed in this subparagraph as well as the individual characteristics of the proposed use. | |
(iv) The Canal Corporation reserves the right
to periodically adjust the minimum limits of coverage as set forth in this
section and to individually adjust the insurance coverage of a permit holder
if, in the opinion of the Canal Corporation, such terms are beneficial to the
People of the State of New York, the authority and the Canal
Corporation.
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