N.Y. Comp. Codes R. & Regs. tit. 6 § 505.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 505.2 - Definitions

The following terms used in this Part have the meaning indicated, unless the context clearly requires otherwise:

(a) Act means the Coastal Erosion Hazard Areas Act [FN*] which has been codified as article 34 of the Environmental Conservation Law, as amended.

(b) Appurtenance means a minor or accessory structure attached to or placed near a principal structure.

(c) Beach means the zone of unconsolidated earth that extends landward, from the mean low-water line, to the seaward toe of a dune or bluff, whichever is most seaward. Where no dune or bluff exists landward of a beach, the landward limit of a beach is 100 feet landward from the place where there is a marked change in material or physiographic form or from the line of permanent vegetation, whichever is most seaward. Shorelands subject to seasonal or more frequent overwash or inundation are considered to be beaches.

(d) Bluff means any bank or cliff with a precipitous or steeply sloped face adjoining a beach or a body of water. The seaward limit of a bluff is the landward limit of its seaward natural protective feature. Where no beach is present the seaward limit of a bluff is mean low water. The landward limit is 25 feet landward of the bluff's receding edge, or in those cases where there is no discernible line of active erosion to identify the receding edge, 25 feet landward of the point of inflection on the top of the bluff. (The point of inflection is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline.)

(e) Coastal erosion hazard area map means the final map issued by the commissioner which delineates the boundaries of erosion hazard areas subject to regulation under this Part.

(f) Coastal erosion management permit means the written approval required by this Part for the undertaking of any regulated activity within erosion hazard areas as shown on coastal erosion hazard area maps.

(g) Coastal waters means Lakes Erie and Ontario, the St. Lawrence and Niagara Rivers, the Hudson River south of the Federal Dam at Troy, the East River, the Harlem River, the Kill van Kull and Arthur Kill, Long Island Sound and the Atlantic Ocean, their connecting water bodies, bays, harbors, shallows and wetlands.

(h) Coastline means the lands adjacent to the State's coastal waters.

(i) Commissioner means the Commissioner of Environmental Conservation or his duly authorized representative.

(j) Debris line means a linear accumulation of waterborne debris deposited by high waters on a beach.

(k) Department means the Department of Environmental Conservation.

(l) Dune means a ridge or hill of loose, windblown, or artificially placed earth, the principal component of which is sand.

(m) Emergency means a natural or an accidental human-made event which presents an immediate threat to life, health, safety, property or the environment.

(n) Erosion means the loss or displacement of land along the coastline due to the action of waves, currents, tides, wind-driven water, waterborne ice, or other impacts of storms. It also means the loss or displacement of land due to the action of wind, runoff of surface waters, or groundwater seepage.

(o) Erosion hazard area means an area of the coastline which is:

(1) a structural hazard area; or

(2) a natural protective feature area.

(p) Erosion protection structure means a structure specifically designed to reduce or prevent erosion, such as a groin, jetty, seawall, revetment, bulkhead, breakwater, or artificial beach nourishment project.

(q) Existing structure means:

(1) for State agency-owned structures and appurtenances, a structure in existence, or one whose construction had commenced, within an erosion hazard area on the date coastal erosion hazard area maps are filed for a local government; or

(2) for structures and appurtenances owned by all other persons, a structure in existence, or one whose construction had commenced, within an erosion hazard area on the effective date of an erosion hazard area local law or ordinance which has been certified by the commissioner pursuant to the act, or on the date the department assumes regulatory responsibility after all appropriate levels of local government have had an opportunity to assume such jurisdiction, whichever is earlier.

Existing structure also includes any structure or appurtenance which was initially constructed outside an erosion hazard area, but as a result of amendments to coastal erosion hazard area maps is located in an erosion hazard area.

(r) Grading means a redistribution of sand or other unconsolidated earth to effect a change in profile.

(s) Local government means a village, town, city or county.

(t) Local program means a coastal erosion management ordinance or local law, or any other ordinance, local law, zoning regulation, subdivision regulation, site plan approval regulation, or other application of police power a local government may use in carrying out the purposes and policies of the act and meeting the minimum standards of section 505.17 of this Part.

(u) Major addition means an addition which results in a 25-percent or greater increase in the ground area coverage of a structure, other than an erosion protection structure, pier, dock or wharf. The increase will be calculated as the ground area coverage to be added, including any additions previously constructed under a coastal erosion management permit, divided by the ground area coverage of existing structures as defined in subdivision (q) of this section.

(v) Mean low water means the approximate average low-water level for a given body of water at a given location, determined by reference to hydrological information concerning water levels or other appropriate test.

(w) Modification means a change in size, design or function.

(x) Movable structure means a structure designed and constructed to be readily relocated with minimum disruption of intended use. Mobile homes and structures built on skids or piles and not having a permanent foundation are examples of movable structures.

(y) Natural protective feature means a nearshore area, beach, bluff, primary dune, secondary dune, or wetland, and the vegetation thereon.

(z) Natural protective feature area means a land and/or water area containing natural protective features, the alteration of which might reduce or destroy the protection afforded other lands against erosion or high water, or lower the reserves of sand or other natural materials available to replenish storm losses through natural processes. All natural protective feature areas are delineated as such on coastal erosion hazard area maps.

(aa) Nearshore area means those lands under water beginning at the mean low-water line and extending in a direction perpendicular to the shoreline to a point where mean low-water depth is 15 feet, or to a horizontal distance of 1,000 feet from the mean low-water line, whichever is greater.

(bb) Normal maintenance means periodic replacement or repair of same-kind structural elements or protective coatings which do not change the size, design or function of a functioning structure. A functioning structure is one which is fully performing as originally designed at the time that normal maintenance is scheduled to begin. Normal maintenance of a structure does not require a coastal erosion management permit.

(cc) Person means any individual, public or private corporation, political subdivision, government agency, public improvement district, partnership, association, firm, trust, estate, or any other legal entity whatsoever.

(dd) Primary dune means the most seaward major dune where there are two or more parallel dune lines within a coastal area. Where there is only one dune present, it is the primary dune. Occasionally one or more relatively small dune forms exist seaward of the primary dune. For the purposes of this Part, such forms will be considered to be part of the primary dune. The seaward limit of a primary dune is the landward limit of its fronting beach. The landward limit of a primary dune is 25 feet landward of its landward toe.

(ee) Receding edge means the most landward line of active erosion, or in cases where there is no discernable line of active erosion, it is the most seaward line of permanent vegetation.

(ff) Recession rate means the rate, expressed in feet per year, at which an eroding shoreline moves landward.

(gg) Regional permit administrator means the person designated to process permits in each regional office of the department. The names and addresses of all regional permit administrators are listed in Appendix 1 of Volume A of this Title.

(hh) Regulated activity means the construction, modification, restoration or placement of a structure, or major addition to a structure, or any action or use of land which materially alters the condition of land, including grading, excavating, dumping, mining, dredging, filling, or other disturbance of soil. Regulated activity does not include routine agricultural operations involving cultivation and harvesting, and the implementation of practices recommended in a soil and water conservation plan as defined in section 3(12) of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure. The terms development and activity, when used in this Part, have the same meaning as regulated activity.

(ii) Regulatory agency means the department, another State agency, or a local government having permit or other approval authority over a project.

(jj) Restoration means the reconstruction without modification of a structure, the cost of which equals or exceeds 50 percent of the estimated full replacement cost of the structure at the time of restoration. Modifications, however, may be allowed if they do not exceed preexisting size limits and are intended to mitigate impacts to natural protective features and other natural resources.

(kk) Secondary dune means the major dune immediately landward of the primary dune. The seaward limit of a secondary dune is the landward limit of its fronting primary dune. The landward limit of a secondary dune is 25 feet landward of its landward toe.

(ll) Significant fish and wildlife habitat means those habitats which:

(1) are essential to the survival of a large portion of a particular fish or wildlife population;

(2) support rare or endangered species;

(3) are found at a very low frequency within a geographic area;

(4) support fish or wildlife populations having significant commercial or recreational value; or

(5) would be difficult or impossible to replace.

(mm) State agency means any department, division, bureau, commission, board, public authority, or other agency of the State. Any public benefit corporation, any member of which is appointed by the Governor, is a State agency.

(nn) Structural hazard area means those shorelands, located landward of natural protective features, and having shorelines receding at a long-term average annual recession rate of one foot or more per year. The inland boundary of a structural hazard area is calculated by starting at the landward limit of the fronting natural protective feature and measuring along a line which is perpendicular to the shoreline a horizontal distance landward which is 40 times the long-term average annual recession rate.

(oo) Structure means any object constructed, installed or placed in, on or under land or water, including but not limited to a building; permanent shed; deck; in-ground and aboveground pool; garage; mobile home; road; public service distribution, transmission, or collection system; tank; pier; dock; wharf; groin; jetty; seawall; revetment; bulkhead; or breakwater; or any addition to or alteration of the same.

(pp) Toe means the lowest point on a slope of a dune or bluff.

[FN*] Chapter 841 of the Laws of 1981, which enacted ECL article 34, gave it the statutory short title: "The Shoreowner's Protection Act."--ED.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 505.2