New York Laws
Article 34 - Coastal Erosion Hazard Areas
34-0108 - Rules and Regulations.

(a) minimum setback requirements for structures within coastal erosion
hazard areas taking into consideration recession rates, the useful life
of the proposed structure, and the protection afforded by natural
protective features and existing erosion protection structures.
(b) regulation of activities or development, including placement of
erosion protection structures or use of non-structural measures so there
will be no measurable increase in erosion to the development site or at
other locations.
(c) regulation of activities or development, including placement of
erosion protection structures, so as to minimize adverse effects upon
natural protective features, existing erosion protection structures or
natural resources, such as significant fish and wildlife habitat.
(d) standards and criteria shall provide that erosion protection
structures that are proposed for construction or reconstruction shall
have a reasonable probability of controlling long-term erosion on the
immediate site for a period of at least thirty years and that a
long-term maintenance program is provided for such structures; however
such standards and criteria may allow for such protection structures to
be constructed of materials which by themselves have a working life of
less than thirty years, when the maintenance program assures that they
will be regularly maintained and replaced as necessary to attain the
required thirty years of erosion protection.
(e) restoration and stabilization standards for activities which are
to be undertaken in connection with activities or development to insure
that land areas are maintained and where necessary restored to minimize
erosion on the site or to other nearby lands.
4. The rules and regulations shall provide procedure pursuant to which
the strict application of their standards and criteria may be varied or
modified in cases where practical difficulty or unnecessary hardship is
shown, provided that in granting any such variance, the following
criteria are met:
(a) for any proposed activities and development where public funds are
utilized the public benefits clearly outweigh the long-range adverse
effects.
(b) no reasonable prudent alternative site is available.
(c) all responsible means and measures to mitigate adverse impacts on
natural systems in the area have been incorporated into the project
design and will be implemented at the developer's expense.
(d) the development will be reasonably safe from flood and erosion
damage.
(e) the variance provided will be the minimum necessary to overcome
the practical difficulty or unnecessary hardship which was the basis for
requesting such variance.
5. Notwithstanding section 34-0105 or 34-0106 of this article, in the
case of any department, bureau, commission, board or other agency of the
state, or any public benefit corporation, any member of which is
appointed by the governor, a permit shall be obtained from the
department pursuant to section 34-0109 of this article provided,
however, in cases where there is a local law or ordinance in effect the
commissioner shall make a finding prior to the issuance of the permit
that the conditions of such local law or ordinance have been met,
insofar as such conditions relate to the standards and criteria adopted
pursuant to section 34-0108 of this article.