New York Statewide Rule
New York Coastal Zone Development Consistency Rules
Key Facts
- Coastal Statute
- Executive Law Article 42
- Tidal Wetlands
- ECL Article 25
- Regulator
- DOS and DEC
- LWRP
- State approval required
Summary
New York Executive Law Article 42 and the Coastal Management Program require state and local agency actions in designated coastal areas to be consistent with statewide coastal policies enforced by the Department of State.
1. Actions directly undertaken by state agencies within the coastal area including grants, loans or other funding assistance, land use and development, or planning, and land transactions shall be consistent with the coastal area policies of this article. Provided, however, that nothing in this article shall be construed to authorize or require the issuance of any permit, license, certification, or other approval or the approval of any grant, loan or other funding assistance which is denied by the state agency having jurisdiction, pursuant to other provisions of law or which is conditioned by such agency pursuant to other provisions of law until such conditions are met.
Full Breakdown
Executive Law Article 42 establishes the Coastal Management Program and the Tidal Wetlands Act under ECL Article 25 imposes statewide permitting requirements for activities in tidal wetlands. Any development requiring state agency funding, permits, or approvals within the designated coastal area must be reviewed for consistency with the 44 statewide coastal policies. Local Waterfront Revitalization Programs adopted by municipalities must conform to state policy and be approved by the Secretary of State. Tidal wetland regulation under ECL 25-0202 cannot be weakened by local law.
Violations & Penalties
Activities in tidal wetlands without a DEC permit are subject to civil penalties up to ten thousand dollars per day and restoration orders under ECL Article 71. Inconsistent state agency actions can be invalidated through Article 78 challenges.
Frequently Asked Questions
Do I need a state permit to build a dock on Long Island Sound?
Can a coastal town waive state coastal consistency review?
Sources
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