State Codes and Statutes

Statutes > New-york > Env > Article-34 > 34-0104

§ 34-0104. Identification of coastal erosion hazard areas.    1.  The  commissioner  shall as soon as practicable, but no later than  thirty months after the  effective  date  of  this  article,  after  the  adoption of rules and regulations pursuant to subdivision one of section  34-0108  of  this article, and in full cooperation with and consultation  with  local  governments  in  which  such  land  is  located  prepare  a  preliminary  identification  of  the erosion hazard areas of the state's  coastline.  The  identification  may,   in   the   discretion   of   the  commissioner, be carried out on a regional basis, with priority given to  the   identification   of   critical  erosion  areas.  Such  preliminary  identification shall include, for each such area, a map showing the area  subject to erosion, a statement of the long-term average annual rate  of  loss  of  land  in  such  area  from  erosion,  if  applicable,  and  an  identification of  any  land  areas  containing  or  comprising  natural  protective  features the alteration of which might reduce or destroy the  protection afforded other lands against erosion, or lower  the  reserves  of  sand  or other natural materials available to replenish storm losses  through natural processes.    2. Upon completion of  a  preliminary  identification  of  an  erosion  hazard  area,  the  commissioner or his designated hearing officer shall  hold a public hearing in a place reasonably accessible to  residents  of  the  affected  area  in order to afford an opportunity for any person to  propose changes in such  preliminary  identification.  The  commissioner  shall  give  notice of such hearing to each owner of record, as shown on  the latest completed tax assessment rolls, of lands included within such  area, and also to the chief executive officer and clerk  of  each  local  government  within  the boundaries of which any portion of such area may  be located, by certified mail at least thirty days prior to the date set  for such hearing, and shall  insure  that  a  copy  of  the  preliminary  identification  is  available  for  public  inspection  at  a convenient  location in such local government. The  commissioner  shall  also  cause  notice  of  such  hearing  to  be published at least once, not more than  thirty days nor fewer than  ten  days  before  the  date  set  for  such  hearing,  in  at  least  one newspaper having general circulation in the  area involved and in the environmental notice publication  provided  for  under section 3-0306 of this chapter.    3.  After  considering  the  testimony  given at such hearings and the  potential erosion hazard in accordance with the purposes and policies of  this article, and after consultation with  affected  local  governments,  the  commissioner  shall  issue  the final identification of the erosion  hazard areas. Such final identification shall  not  be  made  less  than  sixty  days  from the date of the public hearing required by subdivision  two hereof. A copy of such final identification shall be  filed  in  the  office  of  the clerk of each local government in which such area or any  portion thereof is located. Notice that such  final  identification  has  been made shall be given each owner of lands included within the erosion  hazard  area,  as  such  ownership  is shown on the latest completed tax  assessment rolls, by certified mail  in  any  case  where  a  notice  by  certified mail was not sent pursuant to subdivision two of this section,  and  in  all  other cases by first class mail. Such notice shall also be  given at such  time  to  the  chief  executive  officer  of  each  local  government  within  the  boundaries of which such erosion hazard area or  any portion thereof is located.    4. The commissioner shall review the boundaries of each erosion hazard  area identified pursuant to this section ten years from the date of  its  identification  and  every  ten  years  thereafter. The commissioner may  revise erosion hazard area maps not sooner than twelve months after  the  occurrence of a major man made or natural event or a major coastal stormif  he  determines  that  topographical  changes  or  loss of structural  protection at the end of such a twelve month period and as a  result  of  such  event  or  such  storm justify, pursuant to the regulations of the  department,   adjustment   of   the  erosion  hazard  area  boundary  by  twenty-five feet or more. Following such review, the commissioner  shall  adjust  the  boundaries  of  such  erosion  hazard  area  to  effect any  additions, deletions or technical changes, or to reflect any changes due  to  erosion,  accretion  or  other  natural  or  man-made  changes.  The  commissioner  shall  follow the procedures set forth in subdivisions two  and three of this section with respect to any lands which  are  proposed  to  be  added  to  or  deleted from an erosion hazard area because of an  adjustment of the boundaries of such erosion  hazard  area  pursuant  to  this subdivision.    5.  The  commissioner  shall  maintain  a  current  file  of  maps  or  descriptions of all erosion hazard areas pursuant to this article, which  shall be available to the public for inspection and examination  at  the  regional  office of the department in which the area is wholly or partly  located and in the office of the clerk of each local government in which  each such area or part thereof is located.

State Codes and Statutes

Statutes > New-york > Env > Article-34 > 34-0104

§ 34-0104. Identification of coastal erosion hazard areas.    1.  The  commissioner  shall as soon as practicable, but no later than  thirty months after the  effective  date  of  this  article,  after  the  adoption of rules and regulations pursuant to subdivision one of section  34-0108  of  this article, and in full cooperation with and consultation  with  local  governments  in  which  such  land  is  located  prepare  a  preliminary  identification  of  the erosion hazard areas of the state's  coastline.  The  identification  may,   in   the   discretion   of   the  commissioner, be carried out on a regional basis, with priority given to  the   identification   of   critical  erosion  areas.  Such  preliminary  identification shall include, for each such area, a map showing the area  subject to erosion, a statement of the long-term average annual rate  of  loss  of  land  in  such  area  from  erosion,  if  applicable,  and  an  identification of  any  land  areas  containing  or  comprising  natural  protective  features the alteration of which might reduce or destroy the  protection afforded other lands against erosion, or lower  the  reserves  of  sand  or other natural materials available to replenish storm losses  through natural processes.    2. Upon completion of  a  preliminary  identification  of  an  erosion  hazard  area,  the  commissioner or his designated hearing officer shall  hold a public hearing in a place reasonably accessible to  residents  of  the  affected  area  in order to afford an opportunity for any person to  propose changes in such  preliminary  identification.  The  commissioner  shall  give  notice of such hearing to each owner of record, as shown on  the latest completed tax assessment rolls, of lands included within such  area, and also to the chief executive officer and clerk  of  each  local  government  within  the boundaries of which any portion of such area may  be located, by certified mail at least thirty days prior to the date set  for such hearing, and shall  insure  that  a  copy  of  the  preliminary  identification  is  available  for  public  inspection  at  a convenient  location in such local government. The  commissioner  shall  also  cause  notice  of  such  hearing  to  be published at least once, not more than  thirty days nor fewer than  ten  days  before  the  date  set  for  such  hearing,  in  at  least  one newspaper having general circulation in the  area involved and in the environmental notice publication  provided  for  under section 3-0306 of this chapter.    3.  After  considering  the  testimony  given at such hearings and the  potential erosion hazard in accordance with the purposes and policies of  this article, and after consultation with  affected  local  governments,  the  commissioner  shall  issue  the final identification of the erosion  hazard areas. Such final identification shall  not  be  made  less  than  sixty  days  from the date of the public hearing required by subdivision  two hereof. A copy of such final identification shall be  filed  in  the  office  of  the clerk of each local government in which such area or any  portion thereof is located. Notice that such  final  identification  has  been made shall be given each owner of lands included within the erosion  hazard  area,  as  such  ownership  is shown on the latest completed tax  assessment rolls, by certified mail  in  any  case  where  a  notice  by  certified mail was not sent pursuant to subdivision two of this section,  and  in  all  other cases by first class mail. Such notice shall also be  given at such  time  to  the  chief  executive  officer  of  each  local  government  within  the  boundaries of which such erosion hazard area or  any portion thereof is located.    4. The commissioner shall review the boundaries of each erosion hazard  area identified pursuant to this section ten years from the date of  its  identification  and  every  ten  years  thereafter. The commissioner may  revise erosion hazard area maps not sooner than twelve months after  the  occurrence of a major man made or natural event or a major coastal stormif  he  determines  that  topographical  changes  or  loss of structural  protection at the end of such a twelve month period and as a  result  of  such  event  or  such  storm justify, pursuant to the regulations of the  department,   adjustment   of   the  erosion  hazard  area  boundary  by  twenty-five feet or more. Following such review, the commissioner  shall  adjust  the  boundaries  of  such  erosion  hazard  area  to  effect any  additions, deletions or technical changes, or to reflect any changes due  to  erosion,  accretion  or  other  natural  or  man-made  changes.  The  commissioner  shall  follow the procedures set forth in subdivisions two  and three of this section with respect to any lands which  are  proposed  to  be  added  to  or  deleted from an erosion hazard area because of an  adjustment of the boundaries of such erosion  hazard  area  pursuant  to  this subdivision.    5.  The  commissioner  shall  maintain  a  current  file  of  maps  or  descriptions of all erosion hazard areas pursuant to this article, which  shall be available to the public for inspection and examination  at  the  regional  office of the department in which the area is wholly or partly  located and in the office of the clerk of each local government in which  each such area or part thereof is located.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Env > Article-34 > 34-0104

§ 34-0104. Identification of coastal erosion hazard areas.    1.  The  commissioner  shall as soon as practicable, but no later than  thirty months after the  effective  date  of  this  article,  after  the  adoption of rules and regulations pursuant to subdivision one of section  34-0108  of  this article, and in full cooperation with and consultation  with  local  governments  in  which  such  land  is  located  prepare  a  preliminary  identification  of  the erosion hazard areas of the state's  coastline.  The  identification  may,   in   the   discretion   of   the  commissioner, be carried out on a regional basis, with priority given to  the   identification   of   critical  erosion  areas.  Such  preliminary  identification shall include, for each such area, a map showing the area  subject to erosion, a statement of the long-term average annual rate  of  loss  of  land  in  such  area  from  erosion,  if  applicable,  and  an  identification of  any  land  areas  containing  or  comprising  natural  protective  features the alteration of which might reduce or destroy the  protection afforded other lands against erosion, or lower  the  reserves  of  sand  or other natural materials available to replenish storm losses  through natural processes.    2. Upon completion of  a  preliminary  identification  of  an  erosion  hazard  area,  the  commissioner or his designated hearing officer shall  hold a public hearing in a place reasonably accessible to  residents  of  the  affected  area  in order to afford an opportunity for any person to  propose changes in such  preliminary  identification.  The  commissioner  shall  give  notice of such hearing to each owner of record, as shown on  the latest completed tax assessment rolls, of lands included within such  area, and also to the chief executive officer and clerk  of  each  local  government  within  the boundaries of which any portion of such area may  be located, by certified mail at least thirty days prior to the date set  for such hearing, and shall  insure  that  a  copy  of  the  preliminary  identification  is  available  for  public  inspection  at  a convenient  location in such local government. The  commissioner  shall  also  cause  notice  of  such  hearing  to  be published at least once, not more than  thirty days nor fewer than  ten  days  before  the  date  set  for  such  hearing,  in  at  least  one newspaper having general circulation in the  area involved and in the environmental notice publication  provided  for  under section 3-0306 of this chapter.    3.  After  considering  the  testimony  given at such hearings and the  potential erosion hazard in accordance with the purposes and policies of  this article, and after consultation with  affected  local  governments,  the  commissioner  shall  issue  the final identification of the erosion  hazard areas. Such final identification shall  not  be  made  less  than  sixty  days  from the date of the public hearing required by subdivision  two hereof. A copy of such final identification shall be  filed  in  the  office  of  the clerk of each local government in which such area or any  portion thereof is located. Notice that such  final  identification  has  been made shall be given each owner of lands included within the erosion  hazard  area,  as  such  ownership  is shown on the latest completed tax  assessment rolls, by certified mail  in  any  case  where  a  notice  by  certified mail was not sent pursuant to subdivision two of this section,  and  in  all  other cases by first class mail. Such notice shall also be  given at such  time  to  the  chief  executive  officer  of  each  local  government  within  the  boundaries of which such erosion hazard area or  any portion thereof is located.    4. The commissioner shall review the boundaries of each erosion hazard  area identified pursuant to this section ten years from the date of  its  identification  and  every  ten  years  thereafter. The commissioner may  revise erosion hazard area maps not sooner than twelve months after  the  occurrence of a major man made or natural event or a major coastal stormif  he  determines  that  topographical  changes  or  loss of structural  protection at the end of such a twelve month period and as a  result  of  such  event  or  such  storm justify, pursuant to the regulations of the  department,   adjustment   of   the  erosion  hazard  area  boundary  by  twenty-five feet or more. Following such review, the commissioner  shall  adjust  the  boundaries  of  such  erosion  hazard  area  to  effect any  additions, deletions or technical changes, or to reflect any changes due  to  erosion,  accretion  or  other  natural  or  man-made  changes.  The  commissioner  shall  follow the procedures set forth in subdivisions two  and three of this section with respect to any lands which  are  proposed  to  be  added  to  or  deleted from an erosion hazard area because of an  adjustment of the boundaries of such erosion  hazard  area  pursuant  to  this subdivision.    5.  The  commissioner  shall  maintain  a  current  file  of  maps  or  descriptions of all erosion hazard areas pursuant to this article, which  shall be available to the public for inspection and examination  at  the  regional  office of the department in which the area is wholly or partly  located and in the office of the clerk of each local government in which  each such area or part thereof is located.