34-0111 – Severability.
§ 34-0111. Severability. The provisions of this article shall be severable, and if any clause, sentence, paragraph, subdivision or part of this article shall be adjudged invalid by a court of competent jurisdiction, such order or judgment shall be confined in its operation to the controversy in which it was rendered, and shall not affect […]
34-0112 – Judicial Review.
§ 34-0112. Judicial review. Any person aggrieved by an act, order, determination or decision of the commissioner made pursuant to this article may seek judicial review pursuant to article seventy-eight of the civil practice law and rules in the supreme court for the county in which the erosion hazard area affected is located.
34-0113 – Applicability.
§ 34-0113. Applicability. The provisions of this article shall not apply to any activities or development for which final approval shall have been obtained from the local government or other authorities having jurisdiction over such activities or development, if such final approval was obtained prior to the date of approval of erosion hazard area regulations […]
34-0107 – Department Regulation of Coastal Erosion Hazard Areas.
§ 34-0107. Department regulation of coastal erosion hazard areas. 1. If a city which wholly includes one or more counties fails to submit an erosion hazard area local law or ordinance to the commissioner within the time specified in subdivision one of section 34-0105 of this article, as such time may be extended by the […]
34-0108 – Rules and Regulations.
§ 34-0108. Rules and regulations. 1. After consultation with affected state agencies and representatives of local governments, and after conducting public hearings and review of any other comments submitted, the commissioner shall adopt rules and regulations implementing the provisions of this article within one hundred eighty days after the effective date hereof. 2. The rules […]
34-0109 – Administration; Applications for Permits.
§ 34-0109. Administration; applications for permits. 1. Applicability. (a) Where the commissioner has, pursuant to subdivision one of section 34-0107 of this article, issued regulations which apply the minimum standards promulgated pursuant to section 34-0108 of this article to activities or development within any erosion hazard area, any person proposing to undertake activities or development […]
34-0110 – Provision of Technical Assistance.
§ 34-0110. Provision of technical assistance. The commissioner shall encourage and assist affected local governments in the preparation and implementation of erosion hazard area ordinances and local laws. When an erosion hazard area has been identified pursuant to section 34-0104 of this article, the commissioner shall provide to the affected local governments whatever technical assistance […]
34-0102 – Declaration of Policy.
§ 34-0102. Declaration of policy. It is declared to be the public policy of the state of New York that: 1. Those areas of the state’s coastline most prone to erosion hazards should be identified. 2. Any activities, development or other actions in such erosion hazard areas should be undertaken in such manner as to […]
34-0103 – Definitions.
§ 34-0103. Definitions. 1. “Activities or development” shall mean any land use, construction or placement by any person of a structure, or any action which materially alters the condition of land, including grading and excavating or other disturbance of soil. The term shall include the division of land into lots, parcels or sites. 2. “Coastal […]
34-0104 – Identification of Coastal Erosion Hazard Areas.
§ 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 […]