State Codes and Statutes

Statutes > New-york > Nav > Article-4 > Part-1 > 46-a

§ 46-a. Regulations  of  vessels.  (1) The local legislative body of a  city or the board of trustees of a village may adopt, amend and  enforce  local laws, rules and regulations not inconsistent with the laws of this  state or the United States, with respect to:    a.  Regulating  the speed and regulating and restricting the operation  of vessels while being operated or driven  upon  any  waters  within  or  bounding the appropriate city or village, including any waters within or  bordering a village in the county of Nassau or Suffolk, to a distance of  fifteen hundred feet from the shore.    b.  Restricting  and regulating the anchoring or mooring of vessels in  any waters within or bounding the  appropriate  city  or  village  to  a  distance of fifteen hundred feet from the shore.    c.  Restricting  and regulating the anchoring or mooring of vessels in  such waters when used or occupied as living or  sleeping  quarters  and;  providing  time  limits  on duration of the stay of such vessels in such  waters and requiring inspection and registration of such vessels when so  used.    d. Restricting and regulating garbage removal from said vessels.    e. Designating public anchorage area or areas and regulating  the  use  thereof.    (2)  The  local legislative body of the village of Sodus Point and the  town of Huron in the county of Wayne, the villages  of  Croton-on-Hudson  and  Mamaroneck  and the town of Cortlandt in the county of Westchester,  the town of Stony Point in the county of Rockland,  the  town  of  Grand  Island  in  the county of Erie, the towns of Conesus, Geneseo, Groveland  and Livonia in the county  of  Livingston,  the  towns  of  Irondequoit,  Webster,  and Penfield in the county of Monroe, the village of Greenwood  Lake and the town of Warwick in  the  county  of  Orange,  the  town  of  Carlton  in  the county of Orleans, the village of Sackets Harbor in the  county of Jefferson, and the  villages  of  Union  Springs,  Aurora  and  Cayuga  and  the towns of Genoa and Ledyard in the county of Cayuga, the  town of Ithaca in the county of Tompkins, the city of Kingston  and  the  village  of Saugerties in the county of Ulster and the town of Porter in  the county of Niagara may adopt, amend and enforce local laws, rules and  regulations not inconsistent with the laws of this state or  the  United  States,  with respect to the restriction and regulation of the manner of  construction and location of  boathouses,  moorings  and  docks  in  any  waters  within  or bounding the respective municipality to a distance of  fifteen hundred feet from the shoreline.    (4) a. The local legislative body of the city of Canandaigua  and  the  towns  of  Canandaigua,  Gorham, South Bristol, Canadice and Richmond in  the county of Ontario and the towns of Middlesex and Italy in the county  of Yates may adopt, amend and enforce local laws, rules and  regulations  not inconsistent with the laws of the United States, with respect to the  restriction and regulation of the manner of construction and location of  boathouses,  moorings  and  docks  in  any waters within or bounding the  aforementioned cities and towns to a distance  of  1500  feet  from  the  shoreline.    b. No such local law, rule or regulation shall take effect in the town  of Canandaigua, Gorham, South Bristol, Middlesex or Italy or in the city  of  Canandaigua  with  regard  to  Canandaigua  Lake,  or in the town of  Canadice or Richmond with regard to Honeoye Lake  until  all  respective  lakeshore  municipalities  unanimously  agree  by resolution to a set of  uniform standards that include at a minimum the length  and  density  of  docks,  the  number  of  boats  or boat slips allowed per lineal foot of  lakeshore for various land uses, the number of moorings  and  boathouses  allowed  for  various  land  uses,  and  the  allowable  dimensions  and  locations for docks, and provided further that no such local  law  shalltake  effect  until  it  shall  have  been  submitted to and approved in  writing  by  the  commissioner  of  parks,   recreation   and   historic  preservation  and  provided  further  that  no  future amendments to the  uniform  standards  shall  take  effect  until  all respective lakeshore  municipalities unanimously agree by resolution to  the  revised  set  of  uniform  standards  and  such  revised  standards  have  similarly  been  submitted to and approved in writing by the commissioner.    (5) The local legislative body of any city, town or village which is a  participating community as defined in subdivision ten of section 44-0103  of the environmental conservation law may adopt, amend and enforce local  laws, rules and regulations not inconsistent with the laws of this state  or the United States or with the Hudson river valley  greenway  compact,  with  respect  to  the  restriction  and  regulation  of  the  manner of  construction and location of  boathouses,  moorings  and  docks  in  any  waters  within  or bounding the respective municipality to a distance of  fifteen hundred feet from the shoreline. Nothing in this subdivision  or  in  article  forty-four  of the environmental conservation law or in the  Hudson river valley greenway compact produced pursuant to such  article,  shall  be  deemed  to  affect, impair or supersede the provisions of any  charter, local law, rule or  other  local  requirements  and  procedures  heretofore   or  hereafter  adopted  by  such  participating  community,  including, but not limited to,  any  such  provisions  relating  to  the  zoning   and  use  of  land  or  any  waters  within  or  bounding  such  participating community to a distance of fifteen hundred feet  from  the  shoreline.    (6)  a.  The  local  legislative  bodies  of  the towns of Barrington,  Jerusalem,  Milo,  Pulteney,  Urbana  and  Wayne  and  the  villages  of  Hammondsport  and  Penn  Yan  in  the  counties of Steuben and Yates may  adopt,  amend  and  enforce  local  laws,  rules  and  regulations   not  inconsistent  with  the  laws  of the United States, with respect to the  restriction and regulation of the manner of construction and location of  boathouses, moorings and docks in any  waters  within  or  bounding  the  aforementioned  towns and villages to a distance of fifteen hundred feet  from the shoreline.    b. No such local law, rule or regulation  shall  take  effect  in  the  towns  of Barrington, Jerusalem, Milo, Pulteney, Urbana or Wayne and the  villages of Hammondsport and Penn Yan with regard to Keuka  Lake,  until  all  respective lakeshore municipalities unanimously agree by resolution  to a set of uniform standards that include at a minimum the  length  and  density  of  docks, the number of boats or boat slips allowed per lineal  foot of lakeshore for various land uses,  the  number  of  moorings  and  boathouses  allowed  for various land uses, and the allowable dimensions  and locations for docks, and provided further that  no  such  local  law  shall  take effect until it shall have been submitted to and approved in  writing  by  the  commissioner  and  provided  further  that  no  future  amendments  to  the  uniform  standards  shall  take  effect  until  all  respective lakeshore municipalities unanimously agree by  resolution  to  the  revised  set  of  uniform standards and such revised standards have  similarly been submitted to and approved in writing by the commissioner.    The provisions of this section shall  be  controlling  notwithstanding  any contrary provisions of law.

State Codes and Statutes

Statutes > New-york > Nav > Article-4 > Part-1 > 46-a

§ 46-a. Regulations  of  vessels.  (1) The local legislative body of a  city or the board of trustees of a village may adopt, amend and  enforce  local laws, rules and regulations not inconsistent with the laws of this  state or the United States, with respect to:    a.  Regulating  the speed and regulating and restricting the operation  of vessels while being operated or driven  upon  any  waters  within  or  bounding the appropriate city or village, including any waters within or  bordering a village in the county of Nassau or Suffolk, to a distance of  fifteen hundred feet from the shore.    b.  Restricting  and regulating the anchoring or mooring of vessels in  any waters within or bounding the  appropriate  city  or  village  to  a  distance of fifteen hundred feet from the shore.    c.  Restricting  and regulating the anchoring or mooring of vessels in  such waters when used or occupied as living or  sleeping  quarters  and;  providing  time  limits  on duration of the stay of such vessels in such  waters and requiring inspection and registration of such vessels when so  used.    d. Restricting and regulating garbage removal from said vessels.    e. Designating public anchorage area or areas and regulating  the  use  thereof.    (2)  The  local legislative body of the village of Sodus Point and the  town of Huron in the county of Wayne, the villages  of  Croton-on-Hudson  and  Mamaroneck  and the town of Cortlandt in the county of Westchester,  the town of Stony Point in the county of Rockland,  the  town  of  Grand  Island  in  the county of Erie, the towns of Conesus, Geneseo, Groveland  and Livonia in the county  of  Livingston,  the  towns  of  Irondequoit,  Webster,  and Penfield in the county of Monroe, the village of Greenwood  Lake and the town of Warwick in  the  county  of  Orange,  the  town  of  Carlton  in  the county of Orleans, the village of Sackets Harbor in the  county of Jefferson, and the  villages  of  Union  Springs,  Aurora  and  Cayuga  and  the towns of Genoa and Ledyard in the county of Cayuga, the  town of Ithaca in the county of Tompkins, the city of Kingston  and  the  village  of Saugerties in the county of Ulster and the town of Porter in  the county of Niagara may adopt, amend and enforce local laws, rules and  regulations not inconsistent with the laws of this state or  the  United  States,  with respect to the restriction and regulation of the manner of  construction and location of  boathouses,  moorings  and  docks  in  any  waters  within  or bounding the respective municipality to a distance of  fifteen hundred feet from the shoreline.    (4) a. The local legislative body of the city of Canandaigua  and  the  towns  of  Canandaigua,  Gorham, South Bristol, Canadice and Richmond in  the county of Ontario and the towns of Middlesex and Italy in the county  of Yates may adopt, amend and enforce local laws, rules and  regulations  not inconsistent with the laws of the United States, with respect to the  restriction and regulation of the manner of construction and location of  boathouses,  moorings  and  docks  in  any waters within or bounding the  aforementioned cities and towns to a distance  of  1500  feet  from  the  shoreline.    b. No such local law, rule or regulation shall take effect in the town  of Canandaigua, Gorham, South Bristol, Middlesex or Italy or in the city  of  Canandaigua  with  regard  to  Canandaigua  Lake,  or in the town of  Canadice or Richmond with regard to Honeoye Lake  until  all  respective  lakeshore  municipalities  unanimously  agree  by resolution to a set of  uniform standards that include at a minimum the length  and  density  of  docks,  the  number  of  boats  or boat slips allowed per lineal foot of  lakeshore for various land uses, the number of moorings  and  boathouses  allowed  for  various  land  uses,  and  the  allowable  dimensions  and  locations for docks, and provided further that no such local  law  shalltake  effect  until  it  shall  have  been  submitted to and approved in  writing  by  the  commissioner  of  parks,   recreation   and   historic  preservation  and  provided  further  that  no  future amendments to the  uniform  standards  shall  take  effect  until  all respective lakeshore  municipalities unanimously agree by resolution to  the  revised  set  of  uniform  standards  and  such  revised  standards  have  similarly  been  submitted to and approved in writing by the commissioner.    (5) The local legislative body of any city, town or village which is a  participating community as defined in subdivision ten of section 44-0103  of the environmental conservation law may adopt, amend and enforce local  laws, rules and regulations not inconsistent with the laws of this state  or the United States or with the Hudson river valley  greenway  compact,  with  respect  to  the  restriction  and  regulation  of  the  manner of  construction and location of  boathouses,  moorings  and  docks  in  any  waters  within  or bounding the respective municipality to a distance of  fifteen hundred feet from the shoreline. Nothing in this subdivision  or  in  article  forty-four  of the environmental conservation law or in the  Hudson river valley greenway compact produced pursuant to such  article,  shall  be  deemed  to  affect, impair or supersede the provisions of any  charter, local law, rule or  other  local  requirements  and  procedures  heretofore   or  hereafter  adopted  by  such  participating  community,  including, but not limited to,  any  such  provisions  relating  to  the  zoning   and  use  of  land  or  any  waters  within  or  bounding  such  participating community to a distance of fifteen hundred feet  from  the  shoreline.    (6)  a.  The  local  legislative  bodies  of  the towns of Barrington,  Jerusalem,  Milo,  Pulteney,  Urbana  and  Wayne  and  the  villages  of  Hammondsport  and  Penn  Yan  in  the  counties of Steuben and Yates may  adopt,  amend  and  enforce  local  laws,  rules  and  regulations   not  inconsistent  with  the  laws  of the United States, with respect to the  restriction and regulation of the manner of construction and location of  boathouses, moorings and docks in any  waters  within  or  bounding  the  aforementioned  towns and villages to a distance of fifteen hundred feet  from the shoreline.    b. No such local law, rule or regulation  shall  take  effect  in  the  towns  of Barrington, Jerusalem, Milo, Pulteney, Urbana or Wayne and the  villages of Hammondsport and Penn Yan with regard to Keuka  Lake,  until  all  respective lakeshore municipalities unanimously agree by resolution  to a set of uniform standards that include at a minimum the  length  and  density  of  docks, the number of boats or boat slips allowed per lineal  foot of lakeshore for various land uses,  the  number  of  moorings  and  boathouses  allowed  for various land uses, and the allowable dimensions  and locations for docks, and provided further that  no  such  local  law  shall  take effect until it shall have been submitted to and approved in  writing  by  the  commissioner  and  provided  further  that  no  future  amendments  to  the  uniform  standards  shall  take  effect  until  all  respective lakeshore municipalities unanimously agree by  resolution  to  the  revised  set  of  uniform standards and such revised standards have  similarly been submitted to and approved in writing by the commissioner.    The provisions of this section shall  be  controlling  notwithstanding  any contrary provisions of law.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Nav > Article-4 > Part-1 > 46-a

§ 46-a. Regulations  of  vessels.  (1) The local legislative body of a  city or the board of trustees of a village may adopt, amend and  enforce  local laws, rules and regulations not inconsistent with the laws of this  state or the United States, with respect to:    a.  Regulating  the speed and regulating and restricting the operation  of vessels while being operated or driven  upon  any  waters  within  or  bounding the appropriate city or village, including any waters within or  bordering a village in the county of Nassau or Suffolk, to a distance of  fifteen hundred feet from the shore.    b.  Restricting  and regulating the anchoring or mooring of vessels in  any waters within or bounding the  appropriate  city  or  village  to  a  distance of fifteen hundred feet from the shore.    c.  Restricting  and regulating the anchoring or mooring of vessels in  such waters when used or occupied as living or  sleeping  quarters  and;  providing  time  limits  on duration of the stay of such vessels in such  waters and requiring inspection and registration of such vessels when so  used.    d. Restricting and regulating garbage removal from said vessels.    e. Designating public anchorage area or areas and regulating  the  use  thereof.    (2)  The  local legislative body of the village of Sodus Point and the  town of Huron in the county of Wayne, the villages  of  Croton-on-Hudson  and  Mamaroneck  and the town of Cortlandt in the county of Westchester,  the town of Stony Point in the county of Rockland,  the  town  of  Grand  Island  in  the county of Erie, the towns of Conesus, Geneseo, Groveland  and Livonia in the county  of  Livingston,  the  towns  of  Irondequoit,  Webster,  and Penfield in the county of Monroe, the village of Greenwood  Lake and the town of Warwick in  the  county  of  Orange,  the  town  of  Carlton  in  the county of Orleans, the village of Sackets Harbor in the  county of Jefferson, and the  villages  of  Union  Springs,  Aurora  and  Cayuga  and  the towns of Genoa and Ledyard in the county of Cayuga, the  town of Ithaca in the county of Tompkins, the city of Kingston  and  the  village  of Saugerties in the county of Ulster and the town of Porter in  the county of Niagara may adopt, amend and enforce local laws, rules and  regulations not inconsistent with the laws of this state or  the  United  States,  with respect to the restriction and regulation of the manner of  construction and location of  boathouses,  moorings  and  docks  in  any  waters  within  or bounding the respective municipality to a distance of  fifteen hundred feet from the shoreline.    (4) a. The local legislative body of the city of Canandaigua  and  the  towns  of  Canandaigua,  Gorham, South Bristol, Canadice and Richmond in  the county of Ontario and the towns of Middlesex and Italy in the county  of Yates may adopt, amend and enforce local laws, rules and  regulations  not inconsistent with the laws of the United States, with respect to the  restriction and regulation of the manner of construction and location of  boathouses,  moorings  and  docks  in  any waters within or bounding the  aforementioned cities and towns to a distance  of  1500  feet  from  the  shoreline.    b. No such local law, rule or regulation shall take effect in the town  of Canandaigua, Gorham, South Bristol, Middlesex or Italy or in the city  of  Canandaigua  with  regard  to  Canandaigua  Lake,  or in the town of  Canadice or Richmond with regard to Honeoye Lake  until  all  respective  lakeshore  municipalities  unanimously  agree  by resolution to a set of  uniform standards that include at a minimum the length  and  density  of  docks,  the  number  of  boats  or boat slips allowed per lineal foot of  lakeshore for various land uses, the number of moorings  and  boathouses  allowed  for  various  land  uses,  and  the  allowable  dimensions  and  locations for docks, and provided further that no such local  law  shalltake  effect  until  it  shall  have  been  submitted to and approved in  writing  by  the  commissioner  of  parks,   recreation   and   historic  preservation  and  provided  further  that  no  future amendments to the  uniform  standards  shall  take  effect  until  all respective lakeshore  municipalities unanimously agree by resolution to  the  revised  set  of  uniform  standards  and  such  revised  standards  have  similarly  been  submitted to and approved in writing by the commissioner.    (5) The local legislative body of any city, town or village which is a  participating community as defined in subdivision ten of section 44-0103  of the environmental conservation law may adopt, amend and enforce local  laws, rules and regulations not inconsistent with the laws of this state  or the United States or with the Hudson river valley  greenway  compact,  with  respect  to  the  restriction  and  regulation  of  the  manner of  construction and location of  boathouses,  moorings  and  docks  in  any  waters  within  or bounding the respective municipality to a distance of  fifteen hundred feet from the shoreline. Nothing in this subdivision  or  in  article  forty-four  of the environmental conservation law or in the  Hudson river valley greenway compact produced pursuant to such  article,  shall  be  deemed  to  affect, impair or supersede the provisions of any  charter, local law, rule or  other  local  requirements  and  procedures  heretofore   or  hereafter  adopted  by  such  participating  community,  including, but not limited to,  any  such  provisions  relating  to  the  zoning   and  use  of  land  or  any  waters  within  or  bounding  such  participating community to a distance of fifteen hundred feet  from  the  shoreline.    (6)  a.  The  local  legislative  bodies  of  the towns of Barrington,  Jerusalem,  Milo,  Pulteney,  Urbana  and  Wayne  and  the  villages  of  Hammondsport  and  Penn  Yan  in  the  counties of Steuben and Yates may  adopt,  amend  and  enforce  local  laws,  rules  and  regulations   not  inconsistent  with  the  laws  of the United States, with respect to the  restriction and regulation of the manner of construction and location of  boathouses, moorings and docks in any  waters  within  or  bounding  the  aforementioned  towns and villages to a distance of fifteen hundred feet  from the shoreline.    b. No such local law, rule or regulation  shall  take  effect  in  the  towns  of Barrington, Jerusalem, Milo, Pulteney, Urbana or Wayne and the  villages of Hammondsport and Penn Yan with regard to Keuka  Lake,  until  all  respective lakeshore municipalities unanimously agree by resolution  to a set of uniform standards that include at a minimum the  length  and  density  of  docks, the number of boats or boat slips allowed per lineal  foot of lakeshore for various land uses,  the  number  of  moorings  and  boathouses  allowed  for various land uses, and the allowable dimensions  and locations for docks, and provided further that  no  such  local  law  shall  take effect until it shall have been submitted to and approved in  writing  by  the  commissioner  and  provided  further  that  no  future  amendments  to  the  uniform  standards  shall  take  effect  until  all  respective lakeshore municipalities unanimously agree by  resolution  to  the  revised  set  of  uniform standards and such revised standards have  similarly been submitted to and approved in writing by the commissioner.    The provisions of this section shall  be  controlling  notwithstanding  any contrary provisions of law.