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Regulatory Guidance

Contact the appropriate regional New York State DEC Environmental Permits office. A listing of regional offices can be found at http://www.dec.ny.gov/about/39381.html.

Besides NYSDEC, please note that other agencies, federal, state and local, may have jurisdiction for shoreline activities. Please see the Joint Application Form, found at, http://www.dec.ny.gov/permits/6222.html#Joint

NYSDEC Permits Required:

Protection of Waters (ECL Article 15, Title 5) applies  to disturbance to bed or banks of streams classified as C(T) or higher and excavation or placement of fill below the mean high-water level of navigable waters of the state (including wetlands that are adjacent to and contiguous at any point to any navigable water of the state).

Freshwater Wetlands (ECL Article 24) applies to NYSDEC regulated freshwater wetlands.

Tidal Wetlands (ECL Article 25 and 6NYCRR PART 661) For the Hudson River Estuary applies to tidal wetlands south of the Tappan Zee Bridge. http://www.dec.ny.gov/permits/6039.html

Basis for Permit Issuance:

1. The proposal must be reasonable and NECESSARY (i.e., it will resolve a problem).

2. It must not endanger the health, safety or welfare of the people of the State of New York.

3. It must not cause unreasonable, uncontrolled or unnecessary damage to the natural resources of the state, including soil, forests, water, fish, shellfish, crustaceans and the aquatic and land-related environment.

Legal Demarcation of a Shoreline

“The legal demarcation between private and public lands, the “shoreline,” is usually taken to be the inter-section of the mean high water (MHW) line with the beach profile.”( NRC 2007 and Figure 17 of NOAA NOS COOPS 2000).

NRC 2007 , p. 17 and NOAA NOS COOPS (2000)

NRC 2007 , p. 17 and NOAA NOS COOPS (2000)

Legal Framework

The Pace University Law School Land Use Law Center conducted a legal framework analysis for shoreline development along the Hudson River Estuary for the Hudson River Sustainable Shorelines Project. The resulting report summarizes the relevant plans, laws, and policies at the federal, state, and local levels. The analysis covers a range of topics including water quality controls, wetland protection, stormwater management, coastal management, disaster mitigation, floodplain management, environmental review, local land use controls, and other laws and programs. For each of these areas, the report describes the purpose and implementation of the policies, identifies limitations and concerns, and suggests related opportunities to promote informed shoreline management and to protect Hudson River shoreline habitats.

Resources

Guidance on Protection of Shorelines (please note that this guidance is for areas in the Hudson north of the Tappan Zee Bridge, as it does not cover Tidal Wetlands.)

National Research Council, Committee on Mitigating Shore Erosion along Sheltered Coasts, 2007. Mitigating Shore Erosion on Sheltered Coasts. National AcademiesThe National Academies Press, Washington, D.C., 174 pp.

NOAA, 2000. Tidal Datums and Their Application, NOAA Special Publication NOS CO-OPS 1, 132 pp. http://tidesandcurrents.noaa.gov/publications/tidal_datums_and_their_applications.pdf

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