Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Special anchorage area designation.
(1)
Pursuant to the provisions of section 43 of the Navigation Law, the commissioner
may, by rule, regulation or order, designate such areas as he or she may deem
proper as special anchorage areas.
(2) An adjacent upland owner only may make
application to the commissioner for a revocable permit to maintain a special
anchorage area, without expense to the State, within the limits of his
property. The commissioner may approve of the establishment of special
anchorage areas if, in his opinion, such area will not be a hazard to
navigation.
(3) When authorization
in the form of a revocable permit has been duly granted, the special anchorage
area shall be deemed lawfully established. If, in the judgment of the
commissioner, special anchorage areas authorized by him are found to be
improperly maintained, or have become a hazard to navigation, or the reason for
their establishment no longer exists, or that the permittee has failed to
comply with the conditions of the permit or rules and regulations contained
herein, the commissioner may revoke such permit by causing a written notice to
be mailed to the person to whom it was issued, directing the removal of all
floating objects contained within such permit area by a specified date. The
person to whom such notice is directed shall thereupon remove the floating
objects in accordance with such instructions. In case of failure by the person
so directed to remove the floating objects within the specified time, the
commissioner may cause their removal. The cost and expense of such removal
shall be a charge against the person authorized to maintain the area, and the
commissioner may bring any action or proceeding against such person to recover
the cost of removal of such floating objects.
(4) All such areas when so designated shall
be marked in accordance with the specifications contained in this
Part.
(b) Area marking
specifications. The offshore limits of an area shall be marked with lighted
buoys and shall mark the exact location indicated in the permit. The shore
limits of the area may also be marked with lighted markers placed on stanchions
which are higher than the offshore markers. In each case, buoys marking such
areas shall meet the following specifications:
(1) Color. White.
(2) Numbering. None--each buoy shall be
lettered "SPECIAL ANCHORAGE AREA", in block form of good proportion and colored
black. The lettering shall be on two sides of the buoy.
(3) Lighting. White flashing lights shall be
installed and must conform to specifications made by the commissioner depending
upon location and other factors.
(4) Shape. Can.
(5) Construction. Types of construction shall
be approved on an individual basis, considering the location and other factors.
However, all buoys must be so designed that the light will be at least three
feet above the waterline.
(c) Moorings in anchorage area. Moorings may
be placed within the limits of a special anchorage area in such a manner so as
to allow each moored vessel to swing free with wind or current, and with enough
clearance to avoid contact with any other moored vessel. At no time may a
vessel or part thereof extend outside the limits of the anchorage area. Vessels
of less than 65 feet in length when anchored in a special anchorage area are
not required to display anchor lights at night.
