Current through Register Vol. 46, No. 39, September 25, 2024
(a) This section
enumerates the instances when the department will exercise jurisdiction over
the issuance of coastal erosion management permits. With the exception of
regulated activities undertaken by State agencies, the department will not
assume or exercise such jurisdiction until after all appropriate levels of
local government have had an opportunity to assume and exercise such
jurisdiction.
(b) State agencies
that propose to undertake any regulated activity within an identified erosion
hazard area must first obtain a coastal erosion management permit from the
department.
(c) The department is
the regulatory authority and will process coastal erosion management permit
applications for regulated activities within the City of New York when:
(1) New York City fails to submit to the
commissioner a local program within six months after the filing of the
applicable coastal erosion hazard area maps, or within such time as may be
extended by the commissioner pursuant to section 34-0105(3) of the act, and the
department meets the public hearing and notification requirements of section
34-0107(2) of the act;
(2) New York
City's proposed local program is not approved by the commissioner within six
months after the filing of the applicable coastal erosion hazard area maps, or
within such time as may be extended by the commissioner pursuant to section
34-0105(3) of the act, and the department meets the public hearing and
notification requirements of section 34-0107(2) of the act; or
(3) the commissioner revokes his approval of
New York City's local program because of improper administration or
enforcement.
(d) The
department is the regulatory authority and will process coastal erosion
management permit applications for regulated activities within any county
outside New York City when:
(1) such a county
fails to submit to the commissioner a local program within six months after
receipt of notification as required by section 34-0106(1) of the act, or within
such time as may be extended by the commissioner pursuant to subdivision (3) of
such section, and the department meets the public hearing and notification
requirements of section 34-0107(2) of the act; or
(2) such county's proposed local program is
not approved by the commissioner within six months after the filing of the
applicable coastal erosion hazard area maps, or within such time as may be
extended by the commissioner pursuant to section 34-0106(3) of the act, and the
department meets the public hearing and notification requirements of section
34-0107(2) of the act; or
(3) the
department does not authorize such a county to administer a city, town or
village local program which has been revoked because of improper administration
or enforcement; or
(4) the
commissioner revokes his authorization of a county to administer and enforce a
city, town or village local program because of improper administration or
enforcement; or
(5) the
commissioner revokes his approval of a county local program because of improper
administration or enforcement.
