New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter V - RESOURCE MANAGEMENT SERVICES
Subchapter E - WATER REGULATION
Part 608 - USE AND PROTECTION OF WATERS
Section 608.4 - Docks and moorings

Universal Citation: 6 NY Comp Codes Rules and Regs ยง 608.4

Current through Register Vol. 46, No. 52, December 24, 2024

(a) Applicability. This section applies to the construction, reconstruction or repair of docks, piers, wharfs, platforms, breakwaters and the installation of moorings, in on or above the navigable waters of the State lying above underwater lands not owned by the State. Use of State-owned lands under water generally required a lease, easement, permit or other interest from the Commissioner of the New York State Office of General Services, pursuant to regulations implementing the Public Lands Law. The department will review any application for a lease, easment. permit or other interest submitted to the Office of General Services. except lawful facilities in existence on June 17, 1992, utilizing the criteria set forth in this Part, including consideration of the degree to which the activity is water-dependent. The Office of General Services will incorporate as conditions on any lease, easement, permit or other interest, any specific recommendation made by the department.

(b) Permit required. Except as provided in subdivision (c) of this section, no person or public corporation may:

(1) construct, reconstruct, modify, repair or change the use of any dock, pier, wharf, platform, breakwater or other structure in on or above the navigable waters of the State; or

(2) install or modify any mooring area; without a permit issued pursuant to this Part.

(c) Exceptions. A permit pursuant to subdivision (b) of this section is not required for the following:

(1) docks, piers, wharfs, platforms, moorings and other structures placed on, in or above State-owned lands under water for which a lease or other appropriate conveyance of interest authorizing the use and occupancy of such lands has been obtained from the Commissioner of General Services;

(2) a docking facility providing dockage for five or fewer boats and encompassing within its perimeter an area of less than 4000 square feet;

(3) a mooring area providing mooring for fewer than 10 boats;

(4) temporary anchoring where a boat is not attached to an in-place or fixed mooring device;

(5) seasonal replacement or reinstallation of floating docks and other structures exceeding the criteria in paragraph (2) of this subdivision, legally existing prior to May 4, 1993, or for which a permit has been obtained under this Part;

(6) the relocation, replacement, and/or rearrangement of floating docks, ramps, walkways and anchoring devices within the established perimeter of a docking facility or mooring area; and

(7) ordinary maintenance and repair of structures such as repainting, redriving piles or replacing boards in docks. Maintenance and repair does not include substantial reconstruction of structures.

(d) The department may issue permits that authorize the permittee to reconfigure, rearrange or change the dimensions of floating structures, fixed structures supported by piles or open supports, and moorings, within an approved perimeter, provided such changes are within the limits of authorized activities regarding numbers of boats, surface area of structures and approved uses of the facility.

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