New York Laws
Article 42 - Waterfront Revitalization of Coastal Areas and Inland Waterways
915 - Optional Local Government Waterfront Revitalization Programs for Coastal Areas and Inland Waterways.

§ 915. Optional local government waterfront revitalization programs
for coastal areas and inland waterways. 1. It is the intention of this
article to offer the fullest possible support by the state and its
agencies to those local governments that desire to revitalize their
waterfronts. Accordingly, any local government or two or more local
governments acting jointly which has any portion of its jurisdiction
contiguous to the state's coastal waters or inland waterways and which
desires to participate may submit a waterfront revitalization program to
the secretary as herein provided.

2. The secretary may provide technical and financial assistance as
provided in sections nine hundred seventeen and nine hundred eighteen to
any local government for the preparation of a waterfront revitalization
program for the purposes of this article.

3. A local government or two or more local governments acting jointly
which intends to submit a waterfront revitalization program for the
purposes of this article is strongly encouraged to consult, during its
preparation, with other entities that may be affected by its program,
including local governments, county and regional agencies, appropriate
port authorities, community based groups and state and federal agencies.
On request by the local government, the secretary shall take appropriate
action to facilitate such consultation.

4. The secretary shall prepare and distribute guidelines and
regulations for local governments desiring to prepare, or cause to be
prepared, a waterfront revitalization program (hereinafter referred to
as the "program"). Such guidelines shall provide that the program will
be consistent with the policies and purposes of this article generally
and shall include, but not be limited to:

a. Boundaries of the waterfront area;

b. An inventory of natural and historic resources of the waterfront
area to be protected;

c. A statement of the goals and objectives of the program;

d. Identification of the uses and projects, public and private, to be
accommodated in the waterfront area;

e. Description of proposed means for long-term management and
maintenance of waterfront development and activities including
organizational structures and responsibilities and appropriate land use
controls;

f. Description of necessary and appropriate state actions for
successful implementation of the program; and

g. Specification of the adequate authority and capability of the local
government to implement the program.

5. The secretary shall approve any local government waterfront
revitalization program as eligible for the benefits set forth in section
nine hundred sixteen of this article if he finds that such program will
be consistent with coastal policies and will achieve the waterfront
revitalization purposes of this article. In making such determination,
the secretary shall find that the program incorporates each of the
following to an extent commensurate with the particular circumstances of
that local government:

a. The facilitation of appropriate industrial and commercial uses
which require or can benefit substantially from a waterfront location,
such as but not limited to waterborne transportation facilities and
services, and support facilities for commercial fishing and aquaculture.

b. The increased use of and access to coastal waters and the
waterfront for water-related activities such as boating, swimming,
fishing, walking and picnicking.

c. The promotion and preservation of scenic, historic, cultural and
natural resources as community amenities and tourist designations.

d. The strengthening of the economic position of the state's major
ports and small harbors.

e. The redevelopment of deteriorated or formerly developed waterfronts
through the re-use of existing infrastructure and building stock and the
removal of deteriorated structures and unsightly conditions that have
negative effects upon the waterfront area and adjacent neighborhoods,
and appropriate new development.

f. The application of local aesthetic considerations in the design of
new structures and the redevelopment of waterfront sites.

g. The protection of sensitive ecological areas, including but not
limited to dunes, tidal and freshwater wetlands, fish and wildlife
habitats, and the protective capability of coastal land features. Such
protection will assure that land use or development will not affect such
areas.

h. A statement identifying those elements of the program which can be
implemented by the local government, unaided, and those that can only be
implemented with the aid of other levels of government or other
agencies. Such statement shall include those permit, license,
certification or approval programs, grant, loan, subsidy or other
funding assistance programs, facilities construction and planning
programs which may affect the achievement of the waterfront
revitalization program.

i. The establishment of a comprehensive harbor management plan and the
means for its implementation.

* 5-a. Nothing herein shall preclude the secretary from approving a
portion or component of a local waterfront revitalization program
provided such portion or component constitutes a discrete and cohesive,
yet comprehensive, treatment of the subject or subjects addressed, which
may be related to environmental, social, regional growth management or
economic considerations.

* NB Effective upon approval by the secretary of commerce

6. Before approving any such waterfront revitalization program, or any
amendments thereto, as eligible for the benefits of this article, the
secretary shall consult with potentially affected state and federal
agencies; the secretary shall not approve any such program if he finds
after such consultation that there is a conflict with any state or
federal policies.

7. Where there is a conflict between a submitted waterfront
revitalization program and any state or federal policy, at the request
of the local government or the state or federal agency affected, the
secretary shall attempt to reconcile and resolve the differences between
the submitted program and such policies and shall meet with the local
government and involved state and federal agencies to this end.

8. Subsequent to approval of the local program by the secretary, state
agency actions shall be consistent to the maximum extent practicable
with the local program. Provided, however, that nothing in this article
shall be construed to authorize or require the issuance of any permit,
license, certification, or other approval or the approval of any grant,
loan or other funding assistance which is denied by the state agency
having jurisdiction, pursuant to other provisions of law or which is
conditioned by such agency pursuant to other provisions of law until
such conditions are met.

Where implementation of an approved local program depends upon the
availability of other than local funds and program actions, the
secretary shall meet with the involved state and federal agencies to
explore the possibility of programming of such assistance, including
pre-permitting of sites for waterfront redevelopment, in a manner that

would provide the maximum practicable assistance toward the
implementation of the local program.

9. Before undertaking any action pursuant to any programs identified
pursuant to paragraph (h) of subdivision five of section nine hundred
fifteen of this article the affected state agency shall submit, through
appropriate existing clearing house procedures including but not limited
to the state environmental quality review law, information on the
proposed action to local government. The local government shall identify
potential conflicts and so notify the secretary. Upon notification of
the conflict, the secretary will confer with the affected state agency
and the local government to modify the proposed action to be consistent
with the local plan.

10. Any local government which has had a waterfront revitalization
program approved pursuant to this section may withdraw its program at
any time by filing with the secretary a copy of a resolution of its
legislative body providing for such withdrawal. Upon receipt of such
resolution, the secretary shall immediately notify all affected state
agencies.