[From the U.S. Government Printing Office, www.gpo.gov]






             Now and for the Future:
             A Vision for New York's Coast

             Recommendations of
             The Governor's Task Force
             on Coastal Resources











             Mario M. Cuomo
             Governor


             Stan Lundine
              t. Go,,vern r, Chair

   HT
   392.5
   .N7
   N49
   1991


















                                                       STATE   OF NEWYORK
                                            OFFICE OF THE     LIEUTENANT GOVERNOR
                                                           ALBANY 12224.
           STAN LUNDINE
          LiEUTENANT GOVERNOR



               November, 1991



               Dear Govemor Cuomo:


               It is my pleasure to transmit the final recommendations of the Governor's Task Force on Coastal
               Resources. With the assistance of hundreds of individuals -- from local government officials and
               businesspeople to environmentalists and homeowners -- we have developed a long-term plan to
               protect, restore and enhance New York's magnificent coastal areas.

               Our coasts -- along Long Island Sound, the Atlantic Ocean, the harbors and bays of New York
               City, the Great Lakes, and the Hudson and St. Lawrence Rivers -- are a unique and fragile
               resource. They are our richest, most productive ecosystems. They are also home to over three-
               quarters of our residents, our largest cities and transportation hubs, and significant recreational,
               industrial and agricultural activity.

               Today, pollution, population shifts, inapproptiate development and natural forces threaten our
               coastal resources. Wetlands, fisheries, and water quality are at risk of continued degradation. Our
               water dependent businesses face a myriad of economic threats. It is our challenge now to address
               these problems, so that future generations may continue to use, enjoy and benefit from the coast.

               While recognizing our fiscal constraints, the Task Force proposes a comprehensive strateg that .
               builds on 'and improves existing programs of federal, State and local governments. Implementation
               of these recommendations will foster appropriate development and increased access for the public,
               in ways that meet the particular needs of each coastal region. Water quality and the natural
               resources that thrive in our coastal areas will be protected and restored. The regulatory process will
               be simpler, and the work of State agencies will be more effective. Decision makers and all citizens
               will have better information upon which to base their actions., Our historic working waterfront will
               be stronger and healthier.

               In every community and at every level of government, we must work together to achieve these goals.
               It will be a gradual process, which will require continued commitment and leadership. Our success
               will ensure a better quality of life, now and in the future, for all New Yorkers.

               Respectfully sub




               Stan Lundine
               Lieutenant Govemor
               Chair, Governor's Task Force on Coastal Resources










          Now and For the Future


          A Vision for New York's Coast



                    U - S - DEPARTMENT OF COMMERCE NOAA
                    'COASTAL SERVICES CENTER
                    2234 SOUT-H HOBSON AVENUE
                   CHARLESTON , SC 29405-2413




               PrOpartY Of CSC Library

                                                             Recommendations of the


                                          Governor's Task Force on Coastal Resources













                                        November 1991



          Cm





          Cz








                         GOVERNOR'S TASK FORCE ON COASTAL RESOURCES



                         Stan Lundine                         Lieutenant Governor, Chair

                         Sarah Chasis, Esq.                   Natural Resources Defense Council
                                                              Chair, Natural Resource Management and Water Quality Committee

                         John F. Hudacs                       Commissioner, Office of General Services
                                                              Co-Chair, Education Committee

                         James Larocca                        President, Long Island Association
                                                              Co-Chair, Education Committee

                         Jennifer Van Tuyl, Esq.              Pagones, Cross, & Van Tuyl
                                                              Chair, Growth Management Committee

                         Nicholas T. Castoro                  President, New York Spordishing Federation
                                                              Owner, Cerullo Bros. Marina

                         Edward J. Cleary                     President, New York State AFL-CIO

                         Stephen DiBrienza                    New York City Council Member, Brooklyn

                         Barbara Fife                         Deputy Mayor, New York City

                         Thomas R. Frey                       Monroe County Executive

                         Victor Goldsmith, Ph.l)              Professor, Dept. of Geology and Geography, Hunter College,
                                                              City University of New York

                         Thomas C.Jorling                     Commissioner, Department of Environmental Conservation

                         Nancy Nagle Kelley                   President, Group for the South Fork

                         Orin Lehman                          Commissioner, Office of Parks, Recreation, and Historic
                                                              Preservation

                         Nita Lowey                           Member of Congress, 20th District

                         Mary McPhillips                      Orange County Executive

                         ,Francis J. Murray                   Deputy Secretary to the Governor for Energy and the Environment

                         Rosemary Nichols, Esq.               Executive Director, New York Land Institute, Inc.

                         Andrew O'Rourke                      Westchester County Executive

                         Robert Pouch                         President, Barber Ship Management

                         Klara Sauer                          Executive Director, Scenic Hudson

                         Richard B. Schleyer                  President, Empire State/Lake Ontario Trout & Salmon Derby Inc.
                                                              and Director, Lake Erie International Derby

                         Jerry Schubel, Ph.1)                 Director and Professor of Oceanography and Dean of Marine
                                                              Sciences, State University of New York at Stony Brook

                         Gail S. Shaffer                      Secretary of State

                         Philip E., Weller                    Executive Director, Great Lakes United

                         Ronald R. Wright                     Supervisor, Town of Morristown
                                                              Owner, Wright's Sporting Goods and Marine, Inc.

                         Benjamin L. Zwirn                    Supervisor, Town of North Hempstead








                          The Task Force wishes to thank the following individuals for their
                          contributions:




                          Peter Garrison                   Director, Orange County Department of Planning

                          M. Ann Howard                    Director, Monroe County Department of Planning

                          Kevin McDonald                   Vice-President, Group for the South Fork

                          Joseph Martens                   Assistant Secretary to the Governor

                          John Muenzinger                  Director, Division of Environmental Planning, Westchester County
                                                           Department of Planning

                          Edward Panarello                 Assistant to the President, New York State AFL-CIO

                          Pamela Ransom                    Special Assistant for Environmental Affairs, Office of the Deputy
                                                           Mayor, New York City

                          Carol Sondheimer                 Associate Director, Scenic Hudson






                           TABLE OF CONTENTS




                           Executive Summary                                                         i-xi



                           1.          Introduction

                           ii.         An Informed Public                                              7

                                       A. Promoting Awareness About New York's Coast
                                       B. Developing a Geographic Information System
                                       C. Strengthening Research and Monitoring
                                       D. Enhancing School-Based Coastal Education

                           Ill.        The Management Framework for the Coast                        21

                                       A. Revising the Coastal Management Program
                                       B. Increasing Local Government Involvement
                                       C. Improving Technical Assistance

                           IV.         The Natural Coast                                             39

                                       A. Enhancing Coastal Water Quality
                                       B. Protecting Coastal Habitats
                                       C. Managing Fishery Resources
                                       D. Protecting Natural Features
                                       E. Enforcing Coastal Natural Resource Protection

                           V.          The Public Coast                                              61

                                       A. Conserving Open Space
                                       B. Preserving the Public Trust
                                       C. Increasing Public Access

                           Vi.         The Working Coast                                             71

                                       A. Creating a Development Strategy
                                       B. Providing a Conducive Business Environment
                                       C. Strengthening Coastal Infrastructure

                           Vil.        The Redeveloping Coast                                        87

                                       A. Targeting Revitalization and Concentrating Development
                                       B. Creating an Environment for Redevelopment
                                       C. Fostering Continued Revitalization

                           Vill.       Committing to the Future of the Coast                         97

                                       A. Implementation Strategy
                                       B. Environmental Infrastructure Fund



                           Appendix

                           A. Summary of Public Comments
                           B. References



                           Acknowledgments









                      EXECUTIVE SUMMARY




                      New York's 3,200-mile coastline is unique. It stretches from Lakes Erie and Onta-
                      rio to Montauk Point, encompassing wide, sandy ocean beaches, expansive dunes,
                      the Manhattan skyline, wooded islands in the St. Lawrence River, and the rocky
                      highlands of the Hudson. The characteristics of the various regions are as diverse
                      as their inhabitants.


                      Whether it is a freshwater or saltwater system, the coast is in many ways connected
                      to the quality of life of each and every New Yorker. Natural assets -- wetlands,
                      dunes, beaches, fish, wildlife, and the water itself -- are critical to the health and vi-
                      tality of our communities. As a place to live, work and play, the coast is an incom-
                      parable treasure to millions of citizens and visitors.

                      Over the years, New York State, working with the federal and local governments,
                      established programs to protect our coastal areas. While these programs are valua-
                      ble, pollution, population pressures, and natural forces continue to threaten the frag-
                      ile areas where land and water meet. Decisions sometimes contradict public policy
                      goals for the coast, leading to inappropriate development and degradation of wet-
                      lands, fisheries, and water quality. Our vital water dependent businesses face a my-
                      riad of economic challenges.

                      Before the distinctive character of New York's coastline is damaged further, we
                      must lay the groundwork for better use, protection, and enhancement of the coast.
                      Our greatest challenge is to pursue sound economic development and meet human
                      needs, compatible with the protection and restoration of our natural resources.

                      The recommendations proposed by the Governor's Task Force on Coastal Resourc-
                      es will dramatically improve our coastal areas. All New Yorkers who use and enjoy
                      them will benefit. Armed with better information, State and local officials, business-
                      people, environmentalists and all citizens will be able to make better decisions and
                      plans. Protection, development, and investment opportunities will take into account
                      the different needs and characteristics of each coastal region. Existing programs to
                      manage our coastline will be made more effective. The regulatory process will be
                      easier to navigate, while environmental standards are maintained and strengthened.

                      Gradually, but certainly, we will protect and restore water quality and the natural re-
                      sources that thrive along our coastline. At the same time, our historic working wa-
                      terfront will be stronger and healthier. New Yorkers will begin to learn about the
                      importance of our coast to the future of our State.










                        AN INFORMED PUBLIC



                               Information and educational programs about our coast will be available to
                               decision makers and New Yorkers of all ages. As awareness and
                               appreciation for our coastal resources grow, we will join together to protect
                               and enhance the coastfor thefuture.



                        The continued strength of the natural, cultural and economic resources of our coast-
                        al areas depends upon greater public awareness of their contribution to the quality
                        of our lives. Those who use and enjoy the coast need facts and guidance about:
                        what they can do to protect the coast and our waterways; issues and problems in
                        their communities; and available State and local assistance programs.

                        Efforts to heighten awareness and provide information will lead to greater public
                        enjoyment of and appreciation for the coast, more responsible actions by all resi-
                        dents, and ultimately, a lasting commitment to protect and improve our coastal re-
                        sources. More than any other factor, education and awareness will ensure that our
                        visions are realized.


                        Key recommendations:

                               Step up New York State's efforts to heighten awareness and provide
                               public information about our coastal areas.

                        There is no comprehensive effort to inform New Yorkers about coastal issues and
                        activities in our coastal areas. Though information is available, programs are fre-
                        quently uncoordinated and the quality and quantity of information vary from region
                        to region.

                        The Department of State's Division of Coastal Resources and Waterfront Revitaliza-
                        tion should coordinate coastal awareness activities and the dissemination of coastal
                        information throughout the State. The Department should work closely with State
                        agencies, New York Sea Grant and other organizations, and build on existing re-
                        sources and programs. These State efforts should complement and enhance local in-
                        formation and education efforts.


                               Coordinate existing Geographic Information Systems (GIS) and work
                               toward a Coastal Resources GIS capability to improve management of
                               New York's coastal areas.


                        Computerized Geographic Information Systems are useful and cost-effective. Nu-
                        merous inconsistencies among existing system's and duplication of efforts among
                        agencies must be eliminated so that New York may benefit from such a valuable
                        tool.








                      A Coastal Resources GIS would allow users to display and analyze data and devel-
                      op and update coastal programs at the State, county and local levels. State and local
                      decision makers would have the information and data needed for permitting deci-
                      sions, as well as other policy and program implementation.

                      THE MANAGEMENT FRAMEWORK. FOR THE COAST


                              The coastal managementfiramework will be refined to meet the changing
                              needs of New Yorkers and the coastal environment. Government actions
                              within this framework will be clear and predictable.


                      New York's coastal areas are under pressure, and it is clear we will continue to de-
                      mand more from the coast -- more energy production-, food, water, recreation, hous-
                      ing and jobs.

                      Improperly managed development threatens resources which are critical to the fu-
                      ture of our economy. While New York has enacted numerous laws to manage pub-
                      lic and private activities, coastal resources are still in jeopardy. Refinements are
                      needed if we are to make better use of the coast.


                      Key recommendations:

                              Revise the Coastal Management Program to reflect demographic,
                              environmental and economic trends, local priorities, and the needs for
                              conservation and development in each coastal region.

                      In State government, the planning process usually focuses on the programs of each
                      individual agency. Local governments plan within a limited geographic area. Be-
                      cause governments do not often take a broad view of coastal ecosystems, rational
                      development and protection of resources are not always realized. In addition, there
                      has been no clear articulation of the public's goals for the coast, and government is
                      often unable to encourage appropriate development and investment.

                      The Department of State, in consultation with local governments, State agencies,
                      and others, should update the Coastal Management Program by incorporating ele-
                      ments to reflect the unique environmental, economic, and social needs of each re-
                      .gion. No new entity or new layer of government should be created. Rather the State
                      should refine and clarify the existing program. Residents and local officials should
                      assist the State to include in these regional elements such factors as the capacities of
                      the adjacent body of water, and economic and demographic trends.

                      Regional elements in the Coastal Management Program should identify environ-
                      mentally sensitive areas to be protected and other areas that should be the focus of
                      redevelopment. The regional elements would augment Local Waterfront            ' Revitali-
                      zation Programs, make the decision making process more predictable, and guide
                      State actions in each coastal region.

                                                                iii









                                Strengthen enforcement of State coastal policies through improved
                                provisions of consistency.

                         There is no adequate mechanism to enforce the State coastal policies. To remedy
                         this problem, the State consistency review process should be centralized in the'De-
                         partment of State for projects above certain thresholds and for those located in envi-
                         ronmentally sensitive areas. This review would not interfere with the home rule
                         power of local governments.

                         To eliminate duplication, consistency reviews undertaken by the Department of
                         State should incorporate regulatory decisions of the Department of Environmental
                         Conservation. The Department of State should also be subject to the provisions of
                         the State Environmental Quality Review Act.

                                Increase local involvement in coastal management by strengthening
                                participation in Local Waterfront Revitalization Programs.

                         The Local Waterfront Revitalization Program is a valuable guide for projects and
                         activities affecting a community's coastal area. Unfortunately, not all coastal com-
                         munities have such programs. Even for those communities that do participate, not
                         enough resources are available for them to implement the plans.

                         Additional technical assistance and funding from existing and proposed sources
                         should be available to local governments as incentives to participate in and imple-
                         ment Local Waterfront Revitalization Programs. Procedures should be revised to
                         make it easier to develop and amend the programs. Coastal counties should also be
                         encouraged to participate in coastal planning in partnership with State and local
                         governments.


                                Simplify and streamline the regulatory process.

                         Despite recent improvements by State agencies, applicants for permits in the coastal
                         area have voiced the following concerns about the regulatory process: 1) the numer-
                         ous forms required from federal, state and local agencies; 2) the length of the permit
                         process; 3) multiple requests for additional information, indicating limited coordina-
                         tion or sharing of information among agencies; and 4) the different application pro-
                         cedures and time requirements, resulting in delays and costs to the applicant.

                         State agencies, working with representatives of local government, industry and en-
                         vironmental organizations, should simplify the State's regulatory processes. Some
                         of the changes would: promote conceptual review of applications at an early stage;
                         establish a single application form; develop improvements to the application pro-
                         cess, such as concurrent review by the various agencies and uniform procedures and
                         timelines; establish a single point of contact for applicants; and improve informa-
                         tional materials about the permit process.




                                                                 iv










                       THE NATURAL COAST



                                Strong measures will be undertaken at every level of government to improve
                                water quality and protectfish, wildlife, and all natural resources in the
                                coastal area.



                       Clean and beautiful coastal waters are indispensable to our quality of life. Many of
                       our favorite recreational activities take place in the ocean and our magnificent lakes
                       and rivers. Coastal waters provide drinking water for many New Yorkers. At the
                       same time, the commercial fishing, tourism and marine trades industries depend on
                       our ability to control pollution and improve water quality. The continued strength
                       of our economy and thousands of jobs are at stake.

                       Despite government actions to protect coastal water, its quality continues to decline
                       in some  'areas from point and nonpoint sources of pollution. Long Island Sound has
                       deteriorated significantly. Even where there has been marked improvement -- in the
                       Hudson River, St. Lawrence River and Lake Erie for example -- use and enjoyment
                       of the water are still seriously threatened.

                       Other coastal natural resources are in jeopardy as well. Wetlands -- which provide
                       fish and shellfish nursery grounds, wildlife habitats, water resource benefits, and
                       natural treatment of pollution -- must be protected. Fisheries require careful man-
                       agement to maintain New York's important commercial and recreational fishing in-
                       dustries. We must also improve our efforts to safeguard life and property from
                       coastal hazards and preserve natural features -- such as beaches, dunes, barrier is-
                       lands and cliffs -- which help protect us from flooding, erosion and storms. In all
                       its efforts, the State must work closely with international, national and local organi-
                       zations.


                       Key recommendations:

                                Expand water quality certification requirements to prevent further
                                degradation of coastal waters.

                       The Department of Environmental Conservation should require a water quality cer-
                       tification for all projects in sensitive areas and for projects exceeding certain thresh-
                       olds. If water quality certification is denied, a project would not proceed.

                       The Department of Environmental Conservation, in consultation with representa-
                       tives of local government, environmental organizations, national and State estuary
                       programs, and other groups, should determine the most effective thresholds and
                       make a recommendation to the Legislature. Thresholds may vary from region to re-
                       gion.




                                                                  v









                                Strengthen State protection of tidal and freshwater wetlands and
                                habitats of threatened and endangered species.


                        Many tidal and freshwater wetlands have been lost or degraded -- most before State
                        wetland laws were enacted. At the same time, while New York has laws to prevent,
                        the killing and possession of threatened and endangered species of fish, wildlife and
                        vegetation, there is no law which specifically protects their habitats. Development
                        pressures could lead to the decline and destruction of these species.

                        The State, working in concert with federal and local agencies, should take legisla-
                        tive, regulatory and administrative measures to protect wetlands and habitats in
                        coastal areas. Filling or degrading vegetated tidal wetlands should be prohibited for
                        all but the most critical uses found to be in the public interest, and stricter limita-
                        tions should be established for activities adjacent to any wetland. The current mini-
                        mum size of 12.4 acres for jurisdiction over freshwater wetlands should be lowered,
                        and penalties should be increased for permit violations. New York should also de-
                        velop habitat management plans for more effective protection of endangered and
                        threatened species.

                                Protect and manage recreational and commercial fisheries to ensure
                                continued public benefits.

                        Many species of finfish, crustaceans, and shellfish have been over-harvested. 'Me
                        State should adopt improved fisheries management and protection measures, com-
                        bined with efforts to protect and restore water quality, to ensure a sustained, healthy
                        harvest. Fisheries management decisions should be made carefully, in concert with
                        neighboring coastal states and the federal government.

                        The State should continue to encourage commercial fishing, distribution, and mar-
                        keting. A saltwater recreational fishing license should be required to finance pro-
                        tection and management of living marine resources.
                                Minimize threats to life, property and natural resources from coastal"
                                flooding, erosion and storms.

                        To cope with continuing threats to life, property and coastal resources posed by nat-
                        ural forces, the State should improve existing approaches toward coastal hazard are-
                        as. Special efforts should be made to protect dunes, bluffs, barrier beaches and
                        steep shorelines as a first line of defense against flooding and erosion, storm surges,
                        hurricanes and fluctuating water levels. Minimum setbacks for development should
                        be established where they do not exist. The State should also adopt a policy of stra-
                        tegic retreat and selective protection. This approach would foster decisions that
                        protect the public's interest and respect private property rights, while working with-
                        in the realities of natural coastal processes.




                                                                  vi









                     THE PUBLIC COAST



                             Greater access to New York's shores will be available to all residents and
                             visitors to the State. Irnportant open space, scenic, recreational, historic,
                             archaeological and cultural resources will be protectedforfuture
                             generations.


                     Access to the coast is an important part of life for New Yorkers. Measures to ex-
                     pand physical and visual access and preserve open space have not been sufficient,
                     particularly in heavily populated areas. We must now reinforce the right of the pub-
                     lic to gain access to and enjoy New York's coast.

                     Key recommendations:

                             Strengthen State coastal policies to protect, restore and enhance the
                             State's coastal open space.

                     Open space resources provide a variety of recreational and scenic opportunities for
                     residents and visitors. We are fortunate to have unique diversity in our open space,
                     natural, historic and cultural resources. Such resources include the Hudson High-
                     lands and Palisades, the steep bluffs and barrier beaches of Long Island, the varied
                     resources of the Great Lakes, and the picturesque Thousand Islands of the St. Law-
                     rence River.


                     The State Open Space Conservation Plan now being developed will assure fulfill-
                     ment of a vision for land conservation on a statewide basis. The Coastal Manage-
                     ment Program must reinforce and enhance these efforts within the coastal area.

                             Develop new State policies and procedures to ensure that environmental
                             factors are fully considered in decisions on public trust lands, and
                             prohibit actions which would extinguish public trust rights in these
                             lands.


                     The Public Trust Doctrine provides that lands underwater and lands subject to the
                     ebb and flow of tides are held for the common benefit of the people. Strong reassu-
                     rances must be given to ensure that the public has lateral access along the shore be-
                     low the high water mark. At the same time, private property must be protected.

                     A new policy should be developed to ensure that natural resource and open, space
                     values are considered when making decisions about real property transactions in the
                     coastal area. The review process for management of lands now or formerly under-
                     water should be expanded so that sensitive parcels are' leased only if appropriate re-
                     strictions are in place.

                     Those underwater lands where natural resource values clearly. predominate should
                     be transferred to the Department of, Environmental Conservation or the Office of

                                                              vii









                        Parks, Recreation and Historic Preservation. In addition, an appraisal schedule for
                        leases or grants of lands now or formerly underwater should be established with all
                        proceeds dedicated to purchase shoreline areas, wetlands, and underwater lands
                        with recreational value.


                               Support appropriate development and stewardship of coastal lands to
                               provide access for the public.


                        Development of access should be carefully planned giving consideration to the in-
                        herent qualities of the resources, infrastructure needs, and potential conflicts with
                        neighboring uses. Proper management and stewardship of access facilities should
                        capitalize on partnerships among State and local governments, not-for-profit organi-
                        zations, volunteers and private landowners.

                        Existing authority should also be exercised to require development to provide phys-
                        ical and visual access to the coast. Such requirements should be incorporated into
                        State and local decision making processes.


                        THE WORKING COAST


                               Economic growth, new investment, entrepreneurship andjob development
                               will be promoted in those businessesdependent upon a waterfront location
                               or upon the living and natural resources of the State's coastal area.

                        Many businesses along the waterfront, such as tug and barge companies, commer-
                        cial fishing operations, marinas, tourism and agriculture, are faced with enormous
                        challenges. Competition for space on the waterfront and on the water has grown.
                        Deteriorating infrastructure threatens the functioning of industry. Regulatory and
                        taxation policies place pressure on businesses, hindering their ability to compete.

                        The working coast is vital to the economic health of New York State. While pro-
                        tecting the environment, the State must also focus on creating a supportive business
                        climate to ensure the survival and success of water dependent industries.

                        Key recommendations:

                               Create a comprehensive economic development strategy to reflect the
                               business needs of the maritime industry, the commercial fishing
                               industry, the recreational boating and fishing industry, tourism. and
                               coastal agriculture.

                        State policies and programs do not go far enough to support water dependent busi-
                        nesses. New and refined policies would identify resources that are critical to help
                        reverse the economic decline, enhance tourism and preserve unique coastal agricul-
                        tural areas and cultural areas suitable for tourism.





                                                                viii








                       The economic development strategy would focus existing financial and program-
                       matic resources of government and the private sector to foster appropriate growth.
                       Changes would include: increased financial incentives to water dependent business-
                       es; permit simplification; and innovative application of land use tools.

                              Create a positive business environment for water-dependent industry.

                       Many factors adversely affect the business climate for water dependent industry.
                       New York State should create a supportive business environment by providing pro-
                       tection against nuisance suits, promoting waterborne transport, and encouraging the
                       development of harbor management plans.

                              Enhance infrastructure in waterfront areas.


                       Waterfront infrastructure is essential to developing the full economic potential of
                       the State's working coast. Yet, the cost of making improvements is high. Mainte-
                       nance and development of docks, commercial port facilities and rail and highway
                       corridors are key to the future of water dependent industries.

                       THE REDEVELOPING COAST


                              Suitable redevelopment of deteriorated, abandoned and underutilized
                              sections of New York's coast will create new opportunities for jobs, housing,
                              recreation, and commerce, and improve the environmental and visual
                              quality of the waterfront.

                       Waterfront activity has decreased with the exodus of people and business from old-
                       er, urban centers, leaving abandoned, derelict and underutilized areas. Poor infra-
                       structure,. outdated industrial buildings, and lack of capital have combined to make
                       revitalization difficult.


                       New York State must restore integrity to certain abandoned areas. Our efforts to re-
                       new once vibrant waterfronts will encourage economic growth and increase public
                       use and enjoyment of the coast. Effective redevelopment of deteriorated urban wa-
                       terfronts can reduce pressure for new development in more pristine areas.

                       Key recommendations:

                              Using the regional elements of the Coastal Management Program,
                              designate concentrated development areas as focal points for
                              investment.


                       The regional elements would define areas of concentrated development where infra-
                       structure, transportation facilities, public services, and environmental conditions can
                       accommodate development.         Concentration of development would encourage
                       growth in existing centers, rather than unspoiled areas.



                                                                ix









                                 Create an environment that is conducive to redevelopment.

                         The State should encourage: provision of technical assistance to localities to update
                         and strengthen land use regulations; assessment of existing conditions in potential
                         redevelopment areas; and marketing studies to determine the most appropriate mix
                         of uses in a given area.

                                 Foster ongoing revitalization of waterfront areas through infrastructure
                                 improvements, public/private partnerships, and public involvement in
                                 planning.

                         Public expenditures for sewer, road and other infrastructure improvements should
                         be focused on concentrated development areas. Existing State programs should also
                         be used to bolster private development. Of course, the success of any project will
                         depend in large part on our efforts to build and maintain a sense of public pride in
                         urban waterfronts.


                         COMMITTING TO THE FUTURE OF THE COAST


                                 Adequate resources will be available to support long-term planning, coastal
                                 protection and appropriate development.

                         Economic activity of New York's water dependent industries generates over $20
                         billion each year. The inherent natural value of our coastal resources is priceless. It
                         is imperative now to maintain and strengthen our investments to protect, restore and
                         enhance our coastal areas.


                         Many of our recommendations can be implemented without additional financial re-
                         sources. The Governor's task Force on Coastal Resources fully endorses immedi-
                         ate action on these items. Other recommendations will require a modest increase in
                         expenditure. We recognize that the current economic climate will prevent full im-
                         plementation of all the recommendations in the near future. The Task Force has de-
                         veloped an implementation schedule which recognizes these constraints.

                         Certain steps must be taken as quickly as possible to protect and restore coastal wa-
                         ter quality, wetlands and habitats, and to develop clear policies and standards for
                         government actions. Particularly in densely populated urban and suburban areas of
                         the State, coastal resources need protection before their benefits are lost.


                         Recommendation:


                                 The Governor's Task Force on Coastal Resources strongly urges the
                                 Legislature to approve the creation of an Environmental Infrastructure
                                 Fund.

                         An Environmental Infrastructure Fund should be established to pay for urgently
                         needed environmental projects. Through a variety of revenue sources including a
                         fee on tires and a container tax, an Environmental Infrastructure Fund can garner

                                                                   x








                     several hundred million dollars each year to help New York protect its natural re-
                     sources for future generations.

                     Major provisions of the Fund would benefit coastal resources and New Yorkers in
                     coastal areas. Sewage treatment plant construction and upgrading and other water
                     pollution control projects would dramatically improve the quality of our coastal wa-
                     ters for recreational and commercial use and enjoyment. Recycling programs will
                     reduce the amount of waste in our waterways. Ffistoric preservation projects will
                     enhance cultural resources, many of which are found in our coastal areas. Land ac-
                     quisition and access improvements will provide open space, particularly in urban
                     coastal areas. New York's contribution to the Great Lakes Protection Fund will lead
                     to greater improvements in our magnificent lakes.

                     In addition to these provisions which would benefit the coast, the Task Force pro-
                     poses that a portion of revenue -- approximately three to five million dollars -- be
                     made available to support capital projects proposed in this report, such as prepara-
                     tion and refinement of Local Waterfront Revitalization Programs and harbor man-
                     agement plans. Over a number of years, implementation of these projects will fos-
                     ter a stronger commitment to our coastal resources.



                     Whether we swim or boat, enjoy seafood or scenic views, work or walk along the
                     coast, every New Yorker will benefit from our recommendations -- if we take ac-
                     tion now.


                     The threats facing our coast cannot be solved by a single act. If New Yorkers are to
                     reap the bounty of the coast, meaningful commitments must be made by all. From
                     the local planning board to the New York State Legislature, from homeowners to
                     businesses, we must work together to address the challenges. With patience apd re-
                     solve, we can ensure that New York's coast is beautiful and productive for future
                     generations.


















                                                              xi








                      CHAPTERI
                      INTRODUCTION




                                     New York's coast is a gift we have inheritedfrom prior
                                     generations... its resources to be treasured, used wisely,
                                     and safeguarded. If we are to succeed as stewardsfor
                                     the next generation, we must meet the challenge of the
                                     coasttoday.


                                        Governor Mario M. Cuomo



                      The coast is part of the rich tapestry of our lives as New Yorkers. Its natural beauty
                      has inspired generations of artists and poets. Its bountiful resources have provided a
                      livelihood for those who have toiled in its waters and by its shore. Its great cities,
                      small hamlets, and isolated farmsteads have given us a wide range of places to live
                      and work. Its ports have received goods and welcomed immigrants from around the
                      world.


                      Our coast, the fourth longest in the nation, draws people to its shores. Over 12.6
                      million people, 72% of our population, live and work in the cities and towns along
                      our coastal waters -- an area that accounts for 12% of the State's land mass., By
                      20 10, an additional 700,000 will join them.

                      The natural areas along New York's coast provide the highest number and greatest
                      diversity of fish and wildlife habitats. Coastal estuaries and deepwater trenches,
                      large embayments and tributaries, and beaches and dunes are of critical importance
                      to support the diversity of life along our shores. All of the State's tidal wetlands and
                      a significant proportion of its freshwater wetlands are located in the coastal area.
                      Bluffs, barrier islands, and other natural protective features protect inland areas
                      from coastal storms and flooding. These areas are of ecological, cultural, recrea-
                      tional, and economic significance, and wise stewardship is necessary to protect and
                      maintain their values.


                      At the same time, enormous economic benefits are derived from the coast each
                      year. New York's $240 million commercial fishing industry brings high quality fish
                      and shellfish to our tables. The work of the men and women on the tugs, barges,
                      ships, and piers in the Port of New York alone generates nearly $18 billion in wag-
                      es, services, and sales. The marina operators and recreational fishermen on the
                      Great Lakes, the Hudson River, and Long Island contribute nearly $2 billion to the
                      State's economy. Farmers, raising orchard crops and grapes on the sheltered coastal
                      plains, produce over $650 million from their labor.

                      Some of our activities and uses of the coast's wealth come with a price. Over the
                      past 300 years, we have drained and filled three-fourths of the tidal wetlands that
                      shelter important fish and shellfish. There are only 25,000 acres of vegetated tidal
                                                                I








                       wetlands left. Over $10 billion in private investment on the south shore of Long Is-
                       land is potentially threatened by coastal flooding and erosion, a three-fold increase
                       from 1980. Toxic substances contaminate fish and impede redevelopment of land
                       along Lake Erie. Indiscriminate development in the Hudson Valley diminishes the
                       scenic value of areas enjoyed by millions of people and immortalized by the Hud-
                       son River School of painters.

                       Governor's Task Force on Coastal Resources


                       The challenges presented by the competing demands on the natural and economic
                       resources of our coast must be met if New York is to move with confidence into the
                       next century. The Governor's Task Force on Coastal Resources, chaired by Lieu-
                       tenant Governor Stan Lundine, and composed of private and public representatives
                       from all parts of New York State, was created to confront these challenges. The
                       Task Force was charged with developing a long-term plan to manage our coastal ar-
                       eas, and recommending ways to implement the plan at the federal, State, and local
                       levels. The vision guiding us was clear -- to protect, restore, and enhance the envi-
                       ronmental, social, and economic fabric of the New York coast.

                       Recent events have made the Task Force's work even more important:

                               Attendance at State beaches and parks increased dramatically. Over twelve
                               million people, one million more than in the previous year, were drawn to
                               Long Island State Park beaches alone.

                               More water dependent businesses left the Port of New York, and cargo was
                               lost to other ports, as higher costs, deteriorating infrastructure, and the
                               increasing difficulty of doing business persist.

                               Hurricane Bob and the recent Atlantic storm attacked Long Island's shores,
                               causing millions of dollars in damage to public and private properties, and
                               prompting Governor Cuomo to request federal disaster declarations.

                               Large sections of urban waterfronts, from Brooklyn to Buffalo, remain
                               derelict and unused, while new development devours open areas along our
                               shores.


                               Brown tide has infected the Peconic Bays, as it has in four of the past five
                               years. Eel grass, the base of the ecosystem, and scallops, the jewels of the
                               ecosystem, have declined as a result.

                               The Horizons Waterfront Commission is exploring innovative ways to
                               redevelop and restore the Lake Erie shoreline.

                               While ocean beaches are glorious and pristine, some beaches in bays and
                               harbors were closed due to raw sewage from combined sewer overflows and
                               runoff.


                                                                2









                             Declines in bluefish, summer flounder and tuna have forced limits on the
                             number of fish taken by commercial and recreational harvesters.

                      The Task Force looked at all coastal waters -- the Sound, ocean and bays around
                      Long Island, New York Harbor, the Hudson River to the federal dam at Troy, Lake
                      Erie, Lake Ontario, and the Niagara and St. Lawrence Rivers -- and the lands adja-
                      cent to these waters up to approximately 1,000 feet from the shore. The Task Force
                      also considered the complexity of human activity in the coastal area, from recrea-
                      tion to conservation to commerce to living along the coast. Through its delibera-
                      tions, the Task Force believed it would be best to build on and refine the existing
                      administrative, regulatory and policy framework.

                      The Programmatic and Regulatory Environment

                      Responsibility for protection and management of the coast is now scattered among
                      several agencies at many levels of government. At the State level, programmatic
                      and regulatory activities within the Departments of Economic Development, Envi-
                      ronmental Conservation, State and Transportation, and the Offices of General Ser-
                      vices and Parks, Recreation and Historic Preservation, among others, affect our
                      coastal areas. The use and development of both public and private land and waters
                      in the coastal area is guided by these State agencies as well as the federal and. local
                      governments. ne sheer number of laws -- approximately 50 at the federal and
                      State levels, and many more in each of the 27 counties and 250 cities, towns and
                      villages -- and the diversity of their scope and purpose have made effective manage-
                      ment of activities complex and problematic.

                      The State Legislature first attempted to introduce a level of coordination to this mix
                      of laws in 1975, when it enacted the State Environmental Quality Review Act (SE-
                      QRA). In addition to requiring agencies to consider environmental factors prior to
                      making decisions, SEQRA set up a process for coordinated review of a proposal by
                      the public, and by all agencies involved at all levels of government. This was fol-
                      lowed in 1981 with the Waterfront Revitalization and Coastal Resources Act
                      (WRCRA), enacted pursuant to the federal Coastal Zone Management Act of 1972.
                      The WRCRA created the New York State Coastal Management Program (CMP).

                      The goal of the WRCRA is to establish a management framework for coordinating
                      State laws and rationalizing decisions of the federal, State, and local governments in
                      the coastal area. That framework, embodied in the Coastal Management Program,
                      is built on 44 policy statements ranging from redevelopment of abandoned urban
                      waterfronts to protection of wetlands. Local governments play an integral role in
                      the CMP, through their adoption of Local Waterfront Revitalization Programs.

                      Despite the numerous resource protection programs and laws that regulate activity
                      along the coast, and our efforts to coordinate them, the wealth of natural resources,
                      from rare species to scenic areas, is still threatened. Significant water dependent in-
                      dustries and businesses still face conflicts as the character of the waterfront chang-
                      es. Large projects still escape review for consistency with the State's coastal poli-
                      cies. These gaps make it difficult to maintain the quality of life that the coast
                      provides.
                                                               3








                         Existing Regional Efforts

                        .In addition to the programs, laws and regula  tions that guide development, there are
                         several significant regional programs and entities that affect the use and manage-
                         ment of New York's coast. These include the Hudson River National Estuarine Re-
                         search Reserve, the National Estuary Program projects for Long Island Sound and
                         New York Harbor, the Hudson River Estuary Program, the St. Lawrence-Eastern
                         Ontario Commission, the Great Lakes Basin Advisory Council, the Great Lakes Re-
                         medial Action Plan Program, the Horizons Waterfront Commission, the Hudson
                         River Valley Greenway Council, and the South Shore Hazard Management Pro-
                         gram. New York also participates in a number of interstate and international coast-
                         al efforts, including the Council of Great Lakes Governors, the International Joint
                         Commission, the Great Lakes Fisheries Commission, and joint efforts with Connec-
                         ticut andNew Jersey.

                         Each of these programs is designed to address a particular range of regional coastal
                         issues. For example, the Hudson River estuary programs seek to protect and restore
                         the river's natural system. The Horizons Waterfront Commission and the Hudson
                         River Valley Greenway Council, on the other hand, address environmental quality
                         issues within a framework of providing increased public access and economic op-
                         portunity within their respective areas. While each of these efforts is different, they
                         share common goals to coordinate and rationalize public and private activities in the
                         coastal area, and to provide a basis for regional solutions to resource and develop-
                         ment problems.

                         In New York State, there is a solid foundation of programs, laws and regulations
                         upon which a statewide framework for improved coastal management can be built.
                         The State must now unify and focus these efforts.

                         The Foundations of the Task Force Recommendations


                         To develop the recommendations presented in this report, the Task Force investigat-
                         ed five issues that are central to the continued vitality of New York's coast: public
                         education and awareness; the management framework for coastal decision-making;
                         natural resource management and water quality; public access to the coast; and eco-
                         nomic development.

                         In this report, each chapter is introduced with an overall objective which expresses
                         the general focus of the chapter's recommendations. Each recommendation is first
                         presented in an abbreviated format, then fully explained in the subsequent text. The
                         success of our efforts will not rest with any one or a handful of issues affecting the
                         management or protection of our coastal resources, but in the gradual implementa-
                         tion of all recommendations.


                         The role of an informed public is crucial. The public can champion a coastal ethic
                         that recognizes the close link between a healthy coastal environment and a strong
                         economy. The Task Force sought ways to heighten awareness and bring coastal in-
                         formation and education programs to more New Yorkers.
                                                                  4








                     The future of New York's coast will be determined not only by the quality of laws
                     and programs guiding development and protection of the natural and man-made
                     coastal resources, but also by the manageability of the process that guides their ap-
                     plication.

                     The Task Force concentrated on ways to refine, streamline, and coordinate the man-
                     agement of activities on the coast. Emphasis was placed on existing government ef-
                     forts rather than creating new programs or layers of government.

                     One of the starting points for the Task Force was the belief that maintaining and en-
                     hancing the natural bounty of the coast is the foundation upon which the future of
                     New York's coast depends. A strong commitment to environmental quality and the
                     natural and economic benefits the public derives from the coast will continue. ne
                     Task Force's efforts, therefore, were directed at defining opportunities to strengthen
                     New York's environmental programs.

                     The coast belongs to all New Yorkers, and one of our special rights. is access to the
                     shore. The State is blessed with a coast offering scenic, historic, recreational, and
                     cultural attractions to residents and visitors aRe. The Task Force looked for ways
                     to reinforce visual and physical access to the shore, and to intensify our commit-
                     ment to stewardship of coastal open space.

                     Economic development in our coastal areas can play a significant role in New
                     York's future. The Task Force was guided by the certainty that the coast, with wise
                     planning and targeted redevelopment, can and should accommodate a range of eco-
                     nomic activities, particularly water dependent business.

                     A Public Process of Developing the Recommendations

                     This report is not only the work of Task Force members. It also represents the work
                     of hundreds of New Yorkers who are concerned about the challenges facing our
                     coast and who came forward to offer thoughtful comments on the future, direction of
                     coastal management in the State.

                     After careful preparation of preliminary recommendations, the Task Force sought
                     out and listened to people who live and work along the coast. In June 1991, the
                     Task Force presented its initial draft recommendations at a two-day statewide con-
                     ference. Public comment in intensive workshops sharpened and added new dimen-
                     sion to the Task Force's vision. Following the conference, the Task Force under-
                     took a complete redraft of its initial recommendations.

                     A second round of public meetings in Buffalo, Rochester, New York City, Pough-
                     keepsie, Riverhead, Babylon, Mamaroneck, and Ogdensburg introduced the new
                     draft for citizen comment. Several hundred people, many representing organiza-
                     tions and local government, spoke or wrote to the Task Force, offering suggestions
                     on all aspects of the recommendations. These comments were discussed and debat-
                     ed by the Task Force members. They are reflected in the recommendations that
                     form the basis of an improved approach to coastal management in New York State.

                     These recommendations are a blueprint for the future. If we pursue them aggres-
                     sively, we will be remembered as a generation who seized the opportunity to in-
                     crease rather than diminish the natural, social, and economic legacy of our coast.

                                                             5











































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                                                     41
                                Cape Vincent, Lake Ontario








                     CHAPTER II
                     AN INFORMED PUBLIC



                            Relevant information and educational programs about our coast will be
                            available to decision-makers and New Yorkers of all ages. As awareness
                            and appreciation for our coastal resources grow, we will join together to
                            protect,and enhance the coastfor thefuture.


                     Many New Yorkers are unaware of the wealth, beauty and diversity of our coastal
                     areas. Even though we have the fourth longest coastline in the United States, many
                     of us do not even think of New York as a coastal state. To ensure that the natural,
                     cultural and economic resources of our coastal areas are enhanced in years to come,
                     we must foster greater awareness of their magnificence and priceless contribution to
                     the quality of our lives.

                     To complement a broad awareness effort, more information about the coast must be
                     made available. All New Yorkers -- from coastal property owners and tourists to
                     environmentalists, businesses and local governments -- need accurate information
                     to make the best plans and decisions about our activities in coastal areas. We need
                     facts and guidance about: what we must do to protect the coast and our waterways;
                     issues and problems in our coastal communities; and relevant state and local assis-
                     tance programs. We must all become aware of the consequences of our actions.

                     Valuable information is currently available in many forms around the State. A va-
                     riety of organizations, including not-for-profit groups, New York Sea Grant Insti-
                     tute, State agencies, New York City and other local governments, have developed
                     excellent materials and programs. Unfortunately, the quality and quantity of infor-
                     mation vary from community to community and from region to region. While New
                     York Sea Grant has prepared a "Long Island Directory of Marine Education and in-
                     formation," for example, no such directory exists for other coastal regions. There is
                     also no coordinated statewide effort to collect and disseminate information.

                     Further, information and educational programs are not always found by those who
                     would use them. This problem is exacerbated by the lack of coordination among
                     the groups and agencies developing coastal informational materials. Many of the
                     more than 35 existing or developing Geographic Information Systems, for example,
                     use incompatible hardware and software and are based on different standards. Simi-
                     larly, there is no coordinated statewide program of scientific research and monitor-
                     ing to ensure that effective coastal management strategies are being developed. De-
                     cision-makers rely on this information; we must improve our efforts to provide it.

                     Equally,important, we must educate New York's future decision-makers about the        ,
                     coast and its importance to our State's history and future. Improved school-based
                     coastal education, from hands-on experiences to classroom instruction, will
                     strengthen our children's commitment to protecting and restoring our coast for the
                     generations to come.
                                                         0   7








                        An enhanced and more coordinated effort to provide information and heighten pub-
                        lic awareness will lead to: greater public enjoyment of and appreciation for the
                        coast; better decisions and more responsible actions by   all coastal users; increased
                        economic activity in appropriate coastal areas; and ultimately, a lasting commitment
                        on the part of all residents to protect and improve our coastal resources. More than
                        any other factor, we believe that education and awareness about our coastal areas
                        will ensure that our visions are realized.

                        A.     Promoting Awareness About New York's Coast

                        Recommendation 1

                                Strengthen New York State's efforts to provide coastal information and
                                heighten awareness about our coastal areas.

                        New York State should give higher priority to coastal information and awareness
                        activities. Other states have established successful public education efforts as part
                        of their Coastal Management Programs. Here in New York, the Department of
                        State@s Division 'of Coastal Resources and Waterfront Revitalization (DOS) is capa-
                        ble of taking on a greater role as well. The staff members' day-to-day focus is on
                        coastal resources, and they have access to a wide variety of informational materials.
                        They are also regularly in touch with other agencies and aware of coastal activities.

                        DOS should strive to coordinate coastal awareness activities at.the State level, and
                        facilitate the dissemination of coastal information. In all efforts, the Department
                        should work closely with other State agencies, New York Sea Grant and other or-
                        ganizations, and build on existing resources and programs whenever possible.
                        These State-level efforts should also be complemented and enhanced by those of
                        the regional information and education advisory committees (which are described in
                        Recommendation #3).

                        Broad coastal awareness efforts, which are described in recommendations           #4-6,
                        should be'emphasized. Statewide informational programs, such as coastal informa-
                        tion data bases, should, be promoted and supported as well. Eventually, computer-
                        ized information should be available in state and local governments, school media
                        centers, libraries, and other public locations. These data bases would also be linked
                        with the coastal Geographic Information System. (See Section B.)

                        DOS should also support enhanced assistance and information to local government
                        officials, who need more detailed technical information about coastal management
                        and planning, particularly when preparing and implementing Local Waterfront Re-
                        vitalization Programs. The special needs of local officials are addressed in Section
                        C of Chapter 111, The Management Framework for the Coast.

                        DOS should also work with other agencies to coordinate the dissemination of coast-
                        al education materials to schoolteachers across the state. (See Section D.) Particu-
                        lar emphasis should be placed on providing information about coastal educational
                        programs, so that successful programs, such as those offered by New York Sea
                        Grant and not-for-profit organizations, can continue and grow.
                                                                 8










                       Recommendation 2


                              Form a statev"ide group to support     coastal education efforts.

                       DOS would chair this statewide coastal education group, consisting of officials
                       from several agencies and organizations involved in coastal public education, in-
                       cluding the Department of Environmental Conservation (DEC), the Office of Parks,
                       Recreation and Historic Preservation (OPRHP), the Tourism Division of the De-
                       partment of Economic Development, the State Education Department, the Depart-
                       ment of Health, New York Sea Grant, acddemic and scientific institutions, and other
                       interested parties.

                       The group should meet quarterly to review ongoing statewide coastal education and
                       awareness activities, recommend new activities, and coordinate programs and dis-
                       sernination of information. This group should also work together on major coastal
                       awareness programs and help coordinate state activities with those of not-for-profit
                       organizations.

                       The primary responsibility for coordinating statewide coastal education efforts
                       would rest with the Departm@nt of State, but the statewide group would help deter-
                       mine information needs and set priorities based on availability of funding.

                       Recommendation 3


                              Provide coastal information that is specific to each region.

                       In each region, an advisory committee should be formed to address regional coastal
                       information and education needs. The committee members should include repre-
                       sentatives of state and local agencies, New York Sea Grant, Cornell Cooperative
                       Extension, not-for-profit groups, libraries and the educational community. In some
                       areas of the State,- similar groups exist; in other areas, a committee should be estab-
                       lished. Each committee should select a chair who would be responsible for coordi-
                       nating regional information activities.

                       From time to time, several committees should meet jointly to discuss issues that cut
                       across regions. The committees in New York City and along Long Island Sound,
                       for example, would meet to develop informational and educational strategies for is-
                       sues of common concern.


                       With the advisory committees' guidance, coastal information and awareness pro-
                       grams would be organized on a regional basis as much as possible. Information
                       about Long Island Sound's water quality and fishing in the Great Lakes would be
                       compiled and made available in those regions, for example. Workshops and out-
                       door programs on coastal resources would be offered. Coastal directories, health
                       advisories, beach locations and schedules, and permit information are other exam-
                       ples of information that should be easy to obtain in each region. The Department of
                       State in Albany should oversee the regional committees' efforts and bear primary re-
                       sponsibility for promoting and disseminating regional coastal information.
                                                                9








                       In many instances, high-quality information has already been developed but needs
                       to be promoted and disseminated more widely. The State agencies and the regional
                       advisory committees should,-utilize the wealth of educational resources already
                       available in each region. A special effort should be made to coordinate with the ed-
                       ucational programs of not-for-profit organizations, such as Save the Peconic Bays.
                       In addition, municipalities in each region should be contacted for information about
                       ongoing local coastal information and awareness programs. The regional commit-
                       tees and DOS could then share this information with other communities in the re-
                       gion and other regions around the State.

                       Additional specific responsibilities of the regional information advisory committees
                       should include:


                               Promoting community workshops on specific issues of local concern. 'Me
                               committee should strive to coordinate and maximize the talents of Sea Grant
                               and not-for-profit organizations to meet the demand for workshops.

                               Supporting "Coastweeks" and other coastal awareness activities (see
                               Recommendation #6).

                               Establishing linkages with local information resources, such as libraries and
                               existing research centers.

                               Providing information on how residents and groups can actively participate
                               in improving the coastal environment.

                               Assistance in the development and dissemination of coastal information and
                               education materials for teachers. (See Section D.)

                               Adapting teachers' packets and other information for use by civic
                               associations.


                               Ongoing communication with the regional coastal assistance teams, which
                               will be working with local government officials and others to ensure
                               effective coastal management. (See Section C of Chapter III for additional
                               information on the coastal assistance teams.)


                       Recommendation 4


                               Develop targeted coastal education and awareness campaigns to
                               address specific coastal issues and to reach specific groups.

                       DOS, working closely with New York Sea Grant and other organizations, should
                       develop and disseminate targeted educational materials and programs as needed.

                       Examples of materials and programs that should be developed include: programs
                       for pesticide handlers on controlling non-point source pollution; information on
                       techniques to encourage agriculture through Agricultural Districts and other initia-
                                                                10








                      tives; programs for boaters about safe boating practices and o     ther rules, guidelines,
                      and regulations; and awareness campaigns to inform the public about the impor-
                      tance of certain industries to New York State, such as the commercial and recrea-
                      tional fishing and maritime industries. The State should also work closely with the
                      Soil and Water Conservation Districts to develop informational programs for farm-
                      ers on controlling erosion and nonpoint source pollution.

                      Whenever possible, existing materials should be used to fulfill program needs. Not-
                      for-profit or other organizations may also be asked to prepare the materials for a
                      specific awareness campaign.

                      Recommendation 5


                              Disseminate a regularly published newsletter with information about
                              the Coastal Management Program and coastal activities.

                      A newsletter is a low-cost means of providing information and enhancing coastal
                      awareness. DOS staff should assume primary responsibility for the newsletter, but
                      they should also work   kwith the members of the statewide coastal education group to
                      develop the content.




                                . .. . . ..... . ..... ... ... .. . . . . . .. ... . ... ... ........... ....... . .. . .....



















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                      Boldt Castle, Thousand Islands, St. Lawrence River
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                       Recommendation 6


                              Support an annual "Coastweeks" celebration and other awareness
                              activities.


                       Many coastal states participate in the national "Coastweeks" celebration, which oc-
                       curs every year in the early fall. "Coastweeks" activities include beach cleanups,
                       boat cruises, coastal walks, seminars, photography contests, and concerts. Eighty
                       environmental and civic organizations, coordinated by DEC, have held Beach
                       Clean-Up Days for the past several years. The Governor's Task Force on Coastal
                       Resources also sponsored a successful statewide "Coastweek" in 1991.

                       "Coastweeks" should now become a regular feature of New York State's coastal
                       awareness efforts. State agencies should work closely with the regional coastal ad-
                       visory committees, schools, and local governments and organizations to establish
                       "Coastweeks" activities in all coastal regions.

                       In addition, DOS and the statewide coastal education group should consider some
                       of the following coastal awareness activities:

                              Supporting the work of aquaria and interpretive centers. These facilities are
                              traditional sources of coastal information and important tourism
                              destinations. New York State policy should bolster the work they do.

                              Preparing coastal publications, such as citizen action guides and public
                              access guides. Publications of this sort are available in some regions of the
                              State and in other states. New York should consider disseminating these
                              materials in every coastal region.

                              Using volunteers to protect coastal resources and to promote coastal
                              awareness. Adopt-a-beach and adopt-a-wetland programs enlist volunteers
                              who are responsible for maintaining those resources. Volunteers can also
                              sponsor and lead storm-drain painting projects, beach walks, stream walks,
                              and canoe and boat trips to introduce citizens to coastal and watershed
                              environments and enhance their awareness of coastal issues.


                              Developing educational exhibits at beaches and other public coastal areas.

                       B.     Developing a Geographic Information System

                       It is now commonly accepted that a wide variety of resource information can be
                       easily used within a Geographic Information System (GIS). A GIS is an automated
                       system for the capture, storage, retrieval, manipulation, analysis and display of in-
                       formation.


                       An independent study of current GIS activities in New York revealed that more
                       than 35 agencies -- -at the federal, state, and local levels -- are already developing
                       GIS's for various purposes. Many of these are quite limited in scope and size, and
                                                                12








                     others are in early stages of development. The few communities (e.g., Westchester
                     County and the City of Rochester) which have been using a GIS for more than five
                     years consider the GIS an efficient and cost-effective planning tool. In fact, these
                     jurisdictions plan to increase the usage and development of the GIS.

                     The positive experience of these communities points to,the need for a statewide
                     GIS, for coastal resource management and other purposes. The          development of
                     such a system will require the coordination and integration of existing efforts, how-
                     ever. The current lack of coordination means that many of the Geographic Informa-
                     tion Systems use incompatible hardware and software and are b sed on different
                                                                                         a
                     standards. These inconsistencies, as well as the widespread duplication of efforts
                     among the agencies, must be eliminated.

                     Recommendation I


                             Through a Governor's Executive Order, establish a high-level working
                             group to coordinate existing GIS systems and develop. a Coastal
                             Resources GIS capability.

                     Members of the working group should include representatives of state agencies, lo-
                     cal communities, and groups most directly involved in coastal resource manage-
                     ment, as well as representatives of academia involved with GIS. With the wide-
                     spread distribution of the increasingly varied GIS technology, decisions about the
                     following must be made in a manner which will promote the objectives of a Coastal
                     Resource GIS: appropriate, hardware and software; efficiency versus costs; inter-
                     changability of scales most appropriate to state and local communities; availability
                     of data and uses to be employed by the various contributing agencies; and proce-
                     dures for data storage and maintenance.

                     Priorities should also be established for developing the database(s) required for
                     coastal planning, as well as for dis 'serninating -existing GIS information. Further-
                     more, a GIS information clearinghouse will be needed. This clearinghouse would
                     provide information about new.GIS packages and uses, and protocols for informa-
                     tion exchange, in order to avoid state and local duplication. The exchange of tech-
                     nology and information would reduce startup, development and maintenance costs
                     for all parties.

                     A Coastal Resources GIS would provide an efficient and cost-effective tool for
                     compiling and analyzing data and for developing and updating coastal plans at re-
                     gional, county and local levels. State and local decision-makers would also have
                     the information and data they need for permit review, as well as policy and program
                     implementation.

                     To eliminate incompatible and duplicative work, the development of a statewide
                     Coastal Resources GIS should be a cooperative effort among state agencies, and be-
                     tween state and local agencies. Existing data bases (e.g. wetlands maps, prime agri-
                     cultural soils maps) should be shared with all agencies and localities. Similarly, lo-
                     cal, site-specific data (e.g. tax parcels) needed for planning should be shared with
                                                              13









                      state agencies to assist in the development of a comprehensive Coastal Resources
                      GIS.


                      Recommendation 2


                              Once a Coastal Resources GIS is completed, work toward development
                              of a statewide GIS.


                      In developing the Coastal Resources GIS, care should be taken to ensure that stan-
                      dards do not differ from those for a statewide GIS and GIS's in non-coastal agen-
                      cies. The working group should promote specific recommendations for the devel-
                      opment of a statewide GIS.

                      C.      Strengthening Research and Monitoring

                      There must be a commitment to a sustained program of research to increase under-
                      standing about the natural processes tha t characterize New York's coastal environ-
                      ments and their living resources, about how these processes vary, and about the
                      manifestations and consequences of human interaction with coastal environments.
                      Without this information, developing and maintaining effective management strate-
                      gies is impossible.

                      Research is an expression of optimism. If we know and understand more, we can
                      ensure a better environment for future generations by developing strategies for soci-
                      ety to live in greater harmony with our environment. The balance between human
                      activities and natural resources must be addressed continually, particularly in heavi-
                      ly populated areas.

                      Research alone is not enough, however. The challenge now is to transform the re-
                      sults of the research into forrns usable by managers and other decision makers who
                      develop management strategies to protect and rehabilitate New York's coastal envi-
                      ronments and their living resources. Research on applied coastal issues, which has
                      been supported in the past by the New York Sea Grant Institute, should be encour-
                      aged. The results of this work must be shared with coastal decision makers. A ful-
                      ly integrated program of research, monitoring and education in support of coastal
                      management is needed for each coastal region of the State.

                      Recommendation 1


                              Support adequate research and monitoring to ensure better decision
                              making at the State, local and individual levels.

                      New York State should adopt an Estuarine Science-Management Paradigm, which
                      would forge partnerships among. managers, other key decision-makers, scientists,
                      educators and environmentalists. As an outgrowth of the science-management part-
                      nerships, an integrated monitoring program should be developed for each coastal re-
                      gion, which would build upon, not duplicate, existing federal and federal/state mon-
                      itoring initiatives.

                                                               14








                      Monitoring efforts would include air quality and groundwater, both potential sourc-
                      es of coastal pollution. Studies should be conducted to determine the magnitude of
                      coastal impairment from atmospheric deposition of toxins. In addition, long-term
                      monitoring programs are recommended to collect data on coastal processes in areas
                      subject to flooding, erosion, severe storms, and sea level rise. Such monitoring
                      would better enable the State to determine the impacts of future events and design
                      appropriate responses. (See Chapter IV for further details on State responses to
                      coastal hazards.)

                      DEC and the National Oceanic and Atmospheric Administration should continue
                      and expand the partnership to establish and operate National Estuarine Research Re-
                      serves along the St. Lawrence River, Great Lakes, Hudson Estuary and Long Island
                      Sound. These Reserves should be placed under long-term protection and operated
                      as field laboratories where research and monitoring of natural processes and human
                      impacts on coastal ecosystems can,provide information necessary for improving
                      coastal management.

                      DEC and the State University of New York should also enter into a partnership to
                      analyze environmental monitoring data collected from the State's coastal marine
                      waters and to provide annual reports of the status and trends of New York's major
                      environments and their living resources.

                      Recommendation 2


                              Promote citizen monitoring of the coastal environment.

                      Citizen monitoring to identify issues that need further exploration/evaluation should
                      be an important component of any State coastal environmental monitoring program.
                      New York State, working with Sea Grant and other organizations, should promote
                      many types of citizen involvement, from scientific research to simple reporting of
                      oil spills or other problems in coastal waters.

                      A       Enhancing School-based Coastal Education

                      Elementary and Secondary Education

                      Environmental education encourages natural resource protection by instilling in
                      young people an appreciation for the environment and the value of its resources to
                      the quality of our lives. In fact, one of the goals of the New York State Board of Re-
                      gents is to integate environmental education into all levels of public school educa-
                      tion.


                      The education of schoolchildren about New York's coastal resources can be accom-
                      plished in many ways. One of the most successful methods is through direct experi-
                      ences on the coast and our coastal waterways. Numerous programs, such as the trips
                      of the Hudson River Sloop Clearwater, make indelible impressions on young people
                      learning about the coast for the first time. Demand for these programs exceeds
                      availability, however. Increased support for these types of activities is needed.
                                                               15








                      Curriculum change can also bring information about. the coast into the classroom. It
                      is widely agreed, however, that efforts to enhance coastal education should not have
                      the effect of imposing additional course requirements on teachers. It would be
                      more effective, rather, to incorporate easy-to-use coastal education materials into
                      other environmental education materials. Elementary and secondary school teach-
                      ers who are interested in coastal education could then integrate lessons on the coast
                      into several disciplines, including science, social studies, economics, English, and
                      art.


                      Many New York State teachers, such as the members of the New York State Marine
                      Education Association (NYSMEA) and other teachers organizations, are interested
                      in coastal education but do not have access to valuable teaching resources. Existing
                      resources -- classroom materials, data and information -- are not easily available
                      and are not disseminated regularly. An effort must be made to compile and coordi-
                      nate these resources and make them available to the practitioners. Additional train-
                      ing, resources and programs must also be developed to accommodate teachers'
                      needs.






















                                                                                   7,





                                                                                                       @V.



                                                           Rai--









                      Montauk Lighthouse, Long Island
                                                               16









                     Recommendation I


                             Continue and increase State support and corporate sponsorship of
                             coastal education programs and activities.

                     Many exi  'sting coastal education programs, such as the Clearwater programs and the
                     "Young. Mariners Program" at the Science Museum of Long Island, provide valua-
                     ble lea-ming experiences for teachers and students. The statewide coastal education
                     group, working with the regional education and information advisory comrmittees,
                     should explore ways to promote these programs and use them as models around the
                     State. (See Section A for an explanation of statewide public information efforts.)

                     Living museums, nature centers, aquaria, and other similar facilities are valuable
                     sources outside of the classroom for furthering coastal education through their
                     "hands-on" approach to leaming. However@ some coastal education activities, such
                     as field trips, can be prohibitively expensive. The State should work with'schools
                     in each coastal region to arrange for low-cost transportation to nearby coastal desti-
                     nations. Mass transit should be utilized as much as possible. If costs are high, cor-
                     porate sponsorship for such school trips should be encouraged. The State should
                     also support lower-cost sources of in-class environmental education, such as televi-
                     sion programs which are broadcast via satellite.

                     Local field trips can highlight environmental, historical, and cultural resources. In
                     addition, parks and other coastal resources can be used as outdoor laboratories or
                     field stations in many areas. Materials can be developed by park interpreters, nature
                     centers, Sea Grant, and others. As resources permit, state agencies and other organ-
                     izations could arrange for their staff members or persons from an appropriate local
                     government to be on hand at local coastal sites when students visit.

                     Other programs, such as Operation Explore, offer valuable@ field visits to more dis-
                     tant coastal areas. Regional school. exchange programs, in conjunction. with "adopt-
                     a-coast" activities, can encourage, such advanced education experiences.          DEC
                     should also pursue establishing a new conservation camp on Long Island's marine
                     coast so that its youth education program would be available in a location that is ac-
                     cessible to urban and suburban populations.

                     These higher cost programs need financial assistance if they are to be implemented.
                     In addition to providing additional State funding, New York should encourage cor-
                     porate sponsorship of such programs.

                     Private funding for school trips should be solicited on a local basis. Localized fund-
                     raising campaigns would encourage corporate sponsors to support programs in their
                     communities. The campaign should be coordinated by a not-for-profit environmen-
                     tal organization, such as Heritage 2000. This environmental organization would be
                     responsible for developing a "how-to" package for local school districts which
                     would detail fund-raising strategies. The fund-raising campaign would place partic-
                     ular emphasis on city school children who do not have easy access to the coast.


                                                              17










                         Recommendation 2


                                Encourage the implementation of the new middle school science
                                curriculum now being developed by the State Education Department.

                         As a direct result of the deliberations of the Governor's Task Force on Coastal Re-
                         sources, specific information, ideas, and lessons about coastal resources will be in-
                         tegrated into the new middle school science curriculum, called "Science, Technolo-
                         gy, and Society." The Environmental Education Advisory Council in New* York
                         City is working with curriculum developers at the State Education Department to
                         develop these lessons.

                         The next step must now be taken. A new curriculum can only be implemented if
                         the teachers themselves are informed and trained. The statewide coastal education
                         group should work with teachers, including members of the New York State Marine
                         Education Association and others, to determine the best way to educate teachers
                         about the curriculum content. After-school teacher workshops and in-service train-
                         ing should be a part of any strategy to educate teachers. Teachers may also need
                         pre-service training in this area as part of the requirements for certification.


                         Recommendation 3


                                On a regular basis, provide teachers with training, classroom materials,
                                information and data on coastal resources.


                         DOS should take the lead in compiling classroom materials and coastal information
                         and data from various state organizations and agencies (e.g., DEC, OPRHP, Envi-
                         ronmental Education Task Force, Sea Grant, environmental groups, federal agen-
                         cies, State and National Marine Education Associations). This information should
                         then be disseminated in easy-to-use "teachers packets." DOS should coordinate its
                         activities with New York Sea Grant, which is already doing a significant amount of
                         teacher education, and work with the regional education and information advisory
                         committees (see Section A) to provide information that is tailored to specific re-
                         gional concerns.

                         DOS or the regional advisory committees should meet with teachers annually to
                         evaluate the quality of the packets, identify materials which teachers would like to
                         add to or delete from the packets, and make any necessary changes to the dissemi-
                         nation schedule. It may be useful to establish a formal teachers advisory group in
                         each coastal region to advise on these matters.

                         The packets should include classroom materials, selected curricula from other
                         states, lessons for student "how-to" activities (e.g., how to test the Ph level of water,
                         how to counteract pollution), bibliographies, and lists of electronic bulletin boards,
                         videos and other resources. The packets should also include an inventory of local
                         environmental and other educational coastal site@ where teachers can bring students
                         on field trips.


                                                                   18









                     Teachers in all coastal areas should receive information about other teachers who
                     have been successful in incorporating coastal education into their classroom studies
                     or who have been able to secure funds for coastal education programs.

                     The packets could be disseminated through local school districts, school science
                     clubs, NYSMEA conferences, or any other routes suggested by teachers. The New
                     York City Department of Environmental Protection currently distributes packets of
                     this nature; DEC has also prepared teachers packets in the past. These efforts
                     should be examined for potential use as a statewide model.

                     Providing teachers with easy-tom-use information will allow them to p    .ursue the  "in-
                     fusion model" of learning; teachers would be able to incorporate coastal education
                     into their lessons:, but would not be required by the Regents to do so.

                     Recommendation 4


                            Promote and support workshops, conferences, courses, and outdoor
                            programs for teachers.

                     Many teachers are eager to receive hands-on coastal education training. State-run
                     programs which provide this type of training, such as DEC's Project Wild and
                     teachers workshops at OPRHP Interpretive Centers, should be promoted and ex-
                     panded whenever possible. When fiscal realities permit, additional resources
                     should be made available to expand the quantity and quality of programs available.

                     Teachers should be informed about sources of funds to cover the cost of additional
                     training. Teachers also need incentives to take training courses, such as receipt of
                     credits or salary advances. In addition, teachers should receive a certificate, decal or
                     other recognition for completing workshops, courses, or outdoor programs. This
                     low-cost initiative would highlight a teacher's accomplishment and perhaps encour-
                     age him or her to take additional courses. DEC should be responsible for designing
                     the certificate or decal.


                     Post-Secondary Coastal Education


                     Recommendation 5


                            Make research grants and other sources of funding available to support
                            the development of improved environmental education techniques.

                     A common complaint of environmental educators is that it is still unclear what
                     methods of instruction work best. Increased funding for research on this subject
                     would allow for better allocation of resources in the future.


                     In addition, research grants should be made available to incorporate environmental
                     impact analysis methodologies into the teaching of environmental science. Current
                     environmental science instruction is based on historical and technical scientific
                     study. Environmental impact analysis allows for review of real situations and envi-
                                                              19









                       ronmental changes. An increased emphasis on this type of study and teaching
                       would allow for more effective and relevant training of future environmental scien-
                       tists.


                       Recommendation 6


                              Support instruction in participation in government & decision-making.

                       Citizens and future coastal resource users and managers need training in how to
                       work with government agencies and influence decisions that affect coastal resourc-
                       es. In appropriate areas of post-secondary study, such as planning, political science,
                       and science, curricula should be developed to assist students in developing these de-
                       cision-making skills. Curricula, should include real situations and explore ways to
                       address planning, management, environmental and economic issues in coastal areas.






































                                                               20









                      CHAPTER III
                      THE MANAGEMENT FRAMEWORK FOR THE COAST


                             New York State will refine its coastal managementframework to meet the
                             changing needs of New Yorkers and the coastal environment. Government
                             actions within thisframework will be clear andpredictable.


                      More than 70% of the State's population, its major cities, most heavy industry, a
                      majority of its energy facilities, and our most productive agricultural lands are in
                      the 250 communities abutting New York's coastal waters. The 3,200 Imiles of New
                      York's coastline must sustain the pressures of residential, commercial and industrial
                      development; the demands for recreational use; and the adverse impacts on natural
                      resources, including coastal waters and the quality of the landscape.

                      As the economy grows, New Yorkers will continue to demand more from the coast
                      -- more energy, food, water, recreation, housing and jobs. Yet pollution, ill-planned
                      development, natural forces and the cumulative impacts of many uncoordinated de-
                      cisions, raise significant questions about the ability of our oceans, rivers, lakes and
                      streams to meet these demands. Improperly managed growth and development of
                      shoreline areas and use of coastal waters inevitably threaten not only the resources
                      upon which future development and the economy depend, but every New Yorker's
                      quality of life.

                      Activities on both- public and private property affect the quality of coastal resources.
                      Management of those activities is the shared responsibility of the property owner
                      and local, State, and federal governments.

                      The actions of property owners, both public and private, are governed by approxi-
                      mately 50 separate laws enacted by Congress and the State Legislature. Added to
                      this mix are the laws of 27 counties and 250 cities, towns and villages. Each of
                      these laws was enacted to meet a particular need -- for example, to stop the filling
                      of wetlands and stem decline in water quality; to build sewage treatment plants,
                      highways and parks; to limit uses of certain land parcels within a municipality's ju-
                      risdiction.


                      In 1975, the State Environmental Quality Review Act (SEQRA) was enacted to en-
                      sure, in part, that the actions of State and local agencies across New York are re-
                      viewed by all parties, and subsequently approved only if adverse environmental im-
                      pacts, if any, are effectively mitigated. SEQRA was also the first significant
                      attempt to rationalize New York State's and local governments' approval of actions
                      affecting the environment -- a step toward tying government approvals into a com-
                      prehensive decision making process.

                      In 1972,.Congress enacted the Coastal Zone Management Act (CZMA), and in
                      1981, the Waterfront Revitalization and Coastal Resources Act (WRCRA) was en-

                                                               21








                       acted in New York State. These complementary laws were another step toward ra-
                       tionalizing complex government decision making processes, and were an attempt to
                       establish a management framework for the coast, within which government approv-
                       als are to occur.


                       The CZMA gives the State a degree of control over federal actions. The federal
                       government can no longer approve public or private actions in the coastal area un-
                       less those actions are consistent with State coastal policies or State-approved local
                       policies.

                       At the same time, the WRCRA sets forth goals for New York's coast in the form of
                       44 policy statements. Through the WRCRA, local governments are encouraged to
                       develop Local Waterfront Revitalization Programs       (LWRPs) -- a comprehensive
                       plan for their coastal areas -- giving them an opportunity to refine the policies to re-
                       flect local circumstances.


                       The foundation of a better, more workable and simpler management framework for
                       the coast exists in New York -- successful laws to protect the coast's natural re-
                       sources, a basic set of coastal policies, a host of local governments committed to
                       coastal management, cooperative federal agencies able to assist in advancing the
                       policies for New York's coast, and a tested and understood environmental quality
                       review process. A number of complex issues, however, need to be resolved. Fur-
                       ther rationalization is needed, and more direction given, so that the management
                       framework can better meet public demands for the coast.

                       A.     Revising the Coastal Management Program

                       The 44 coastal policies of the New York Coastal Management Program (CMP) re-
                       flect the diversity and interrelationships of the State's interest in the management of
                       coastal resources. The consistency provisions of the WRCRA are intended to tie
                       State agency decisions to those policies. Consistency provides the authority to en-
                       sure that proposed projects comply with the standards of the Act, which are ex-
                       pressed in the 44 policies. Together with SEQRA, existing environmental protec-
                       tion laws-, some regulatory authority over federal actions in the coastal area, and
                       local govemments'LWR-Ps, it was believed that the WRCRA would ensure that any
                       major action affecting the State's coastal resources would comply with the intent of
                       the coastal policies.

                       After nearly a decade of experience, however, both public and private actions con-
                       tinue to adversely affect coastal resources and escape the coastal management
                       framework, seriously undermining the intent of the WRCRA. Contrary to the as-
                       sumptions of the Act, many development activities are occurring in the coastal area
                       without a determination that the activity adheres to or advances the coastal policies.
                       The comprehensive planning and active advancement of coastal policies envisioned
                       in the YvIRCRA have not fully materialized.

                       At the State level, regulatory agencies provide the primary means for long term in-
                       fluence over development, protection and restoration of coastal areas and resources.
                                                                22








                      The reactive nature of the regulatory programs, however, can frustrate the State's
                      ability to achieve some of its basic policies for coastal resources development. In
                      some instances the State can disapprove permits for development as a means of pre-
                      serving options for the future use of limited coastal land and water resources. 'Me
                      State does not have the full ability, however, to act affirmatively -- in advance of
                      development -- to support appropriate development in partnership with the private
                      sector. Development commitments are usually in place before regulatory processes
                      .and agencies become involved. Therefore, proposed unwise development frequently
                      cannot be redirected, but only denied or modified slightly. Development options
                      and resource enhancement efforts are generally addressed after the fact.

                      The lack of consensus among federal, State, and local governments regarding how
                      each region is likely to be developed poses another problem. The current coastal
                      policies do not reflect the unique requirements of coastal water bodies nor do they
                      articulate community priorities for the protection, enhancement and appropriate use
                      of coastal resources. Without improvements, contradictory government actions'
                      may continue to result in increased frustration in the private sector.

                      New York must now revisit and update its coastal management framework. The
                      Task Force believesthat the CMP embodies a workable system for the long term
                      management and enhancement of coastal areas. The program has the potential to
                      achieve integrated planning and management of coastal resources and to provide
                      predictability in coastal decision making within existing systems.

                      Recommendation 1:


                             Revise and update the Coastal Management Program to reflect
                             demographic, environmental, economic, and land and water use trends,
                             as well as local priorities, and the conservation and development needs
                             of each coastal region.

                      Existing planning activities of State agencies are usually focused on operations or
                      programs within their jurisdiction. The ability to guide sound coastal development
                      and protect coastal resources is diminished because of the State's focus on function
                      rather than a system-wide view of coastal areas..

                      The lack of a clear articulation of what the public hopes to see occur on the coast
                      hampers the public sector in its ability to encourage private sector development that
                      furthers coastal management objectives.

                      New York's Local Waterfront Revitalization Program (LWRP) enables coastal com-
                      munities to plan for and regulate land and water uses, guide coastal development
                      and ensure that such development does not adversely affect coastal resources. Yet,
                      for LWRPs alone, this is a large and difficult task. While LWRPs can provide a
                      link between the State coastal policies and the needs -of coastal communities, there
                      continue to be geographic gaps in local participation. On Long Island, 12 of 13
                      towns are participating, but in the Hudson River Valley only 17 of 41 eligible towns
                      are participating. In the Great Lakes region only 19 of 55 are involved. This une-
                                                              23








                      ven participation leaves gaps and impairs the public sector's ability to protect and
                      foster appropriate development of coastal resources.

                      Even where there are approved LWRPs, there is no adequate mechanism for the
                      State to set priorities for its programs and investments based on the LWRPs. Al-
                      though LWRPs provide a basis for State agencies to establish priorities within indi-
                      vidual communities, they do not identify regional trends or patterns that provide a
                      basis for broader management decisions by State agencies.

                      In considering coastal ecosystems, the geographic occurrence and significance of
                      coastal issues, and the need to better integrate planning and management functions
                      of governments, the Task Force recommends that the Department of State, in con-
                      sultation with local governments and other State agencies, update the Coastal Man-
                      agement Program by incorporating elements to reflect the unique environmental, ec-
                      onomic and social needs of each region. This effort would not create a -new entity
                      or a new layer of government, but rather refine and clarify the existing program.

                      The regional elements of the CMP would serve six primary purposes:

                      First, the regional elements would analyze trends in land and water uses, and eco-
                      nomic and demographic factors that influence development in the coastal area. This
                      work would take into account all existing State, regional, and local plans and fill in
                      gaps with additional studies. Regional elements would be developed from the "bot-
                      tom-up" by incorporating priorities and policies of existing LWRPs.

                      Second, the regional elements would provide a basis to refine and tailor the existing
                      State coastal policies to be more specific and reflect the unique features, opportuni-
                      ties, and priorities of the regions. The regional elements would incorporate the
                      coastal policies and objectives of existing LWRPs and the priorities and policies of
                      other regional planning efforts. For example, the Horizons Waterfront Commis-
                      sion's plan for redevelopment of the Erie County waterfront should be included in
                      the Lake Erie regional element. The Commission's plan is to be included in each of
                      the eight LWRP communities in Erie County and would, as a part of the regional
                      element, set investment priorities at the State level. Similarly, the enforceable com-
                      ponents of the National Estuary Programs should be incorporated into the regional
                      elements. The Hudson River Estuary Management Plan also should be reflected in
                      the Hudson River Valley regional element.

                      Third, the regional elements would identify environmentally sensitive areas on
                      which to focus State agency efforts for protection, enhancement, and restoration.
                      Environmentally sensitive areas are those areas where, due to unique and outstand-
                      ing coastal resource values, the State should grant priority to protection from devel-
                      opment. While certain areas previously designated under existing resource protec-
                      tion programs (e.g. freshwater and tidal wetlands, significant coastal habitats) might
                      be identified as sensitive areas, not all such areas would be so designated. The in-
                      tent of this designation is not to duplicate existing resource designations, but to
                      identify the areas most sensitive to development.


                                                               24








                     Fourth, the regional elements would identify concentrated development areas where
                     State development efforts should be focused. These might include:

                             Locations in developed areas where infrastructure and transportation
                             facilities, particularly mass transit, are already in place.

                             Locations where a project might serve as a catalyst for t  he redevelopment of
                             a blighted or under-utilized area or ameliorate an existing deleterious
                             condition.


                             Locations where development can make major contributions to the coastal
                             program in terms of public access, the retention and expansion of water
                             dependent uses, or facilitate expansion of economic activities appropriate to
                             the region.

                     'As with the environmentally sensitive area designation, it is not intended that every
                     location suitable for development would be designated as a concentrated develop-
                     ment area. See Chapter VH for additional information on redevelopment of water-
                     fronts.


                     Fifth, the regional elements would be used to target and set priorities for State in-
                     vestments in the coastal area for both development and natural resource enhance-
                     ment projects. This priority, to be agreed upon by State agencies and communities
                     in the affected regions, would create an effective joint campaign for State and feder-
                     al funds, and could ensure more efficient allocation of scarce resources. For exam-
                     ple, the land. acquisition priorities for coastal regions should be integrated with ex-
                     isting State acquisition plans.

                     Finally, the regional elements would identify and propose means to resolve con-
                     flicts which are multijurisdictional or transcend regional boundaries.


                     Recommendation 2:


                             Improve enforcement of the State coastal policies through enhanced
                             provisions of consistency.

                     The Task Force recognizes that the present State consistency review process em-
                     bodied in the WRCRA has not. fulfilled its statutory mandate of ensuring compli-
                     ance of projects and activities with the coastal policies. Frequently, major activities
                     and development occurring in the coastal area escape the consistency review pro-
                     cess, or review is limited to only one component of a project. There is no adminis-
                     trative enforcement mechanism for consistency. Under the Act, each State agency is
                     required to certify that its actions are consistent. Thus, a single project requiring ap-
                     proval by two or more State agencies can result in wholly different consistency de-
                     terminations, adding confusion and delay to the regulated community.

                     To remedy the problems, the Task Force recommends that the State consistency re-
                     view process be centralized for certain activities, thereby providing a comprehen-
                                                               25









                        sive review of significant activities and development in the State's coastal area.
                        Amendment of the WRCRA is recommended to make DOS responsible for admin-
                        istering the centralized consistency review process.

                        Centralized consistency review would occur for projects meeting certain thresholds
                        and for those located in identified environmentally sensitive areas. Project thresh-
                        olds and environmentally sensitive areas can be identified under the regional ele-
                        ments recommended by the Task Force to tailor the- State CMP. DOS will conduct
                        the State consistency review for such projects.

                        Whatever thresholds are ultimately chosen, they must be readily identifiable as trig-
                        gering centralized review. Development activities in the coastal area that exceed
                        those thresholds or are proposed for identified sensitive areas, would be subject to
                        consistency review, regardless of who is proposing the action or the level of govern-
                        ment having jurisdiction over the action. These changes to State consistency would
                        not impair or interfere with the power of local governments with approved LWRPs
                        to determine the consistency of activities subject to local approval.

                        State consistency reviews undertaken by DOS would also incorporate regulatory de-
                        cisions of DEC when their regulations implement a State coastal policy applicable
                        to the action. Such coordination would remove duplication of reviews between
                        DOS and DEC regulatory programs. For example, if a project requires a DEC wet-
                        lands permit, the DEC decision to issue or deny the permit would serve as the deter-
                        mination of consistency with the applicable State coastal policy, Policy 44.

                        The final, consolidated State consistency determination made by DOS would be
                        binding and subject to the imposition of reasonable conditions for mitigation of pro-
                        ject impacts. Time frames and information requirements would be coordinated with
                        other major State permit procedures, as well as the federal consistency review pro-
                        cess. DOS, when certifying State consistency, would be an involved agency, and in
                        all respects, subject to the provisions of the State Environmental Quality Review
                        Act (SEQRA).

                        DOS presently reviews coastal development which is subject to federal agency ac-
                        tion for consistency with State coastal policies. Following the Task Force recom-
                        mendation, DOS would be able to issue one consistency determination for proposed
                        activities and development which require both State and federal agency approvals.
                        After consultation, DOS will, by rule or regulation, establish classes of actions sub-
                        ject to State or federal consistency review for which general concurrence may be is-
                        sued.


                        Communities which adopt LWRPs would have the same authority as currently ex-
                        ists to review projects and activities in accordance with their adopted local consis-
                        tency laws. They would continue to have the same review authority during the
                        State consistency review of activities in their local waterfront areas. When an ac-
                        tion is subject to the centralized consistency review and would affect the LWRP
                        community, DOS would continue to receive recommendations from the affected lo-
                        cality in order to make a determination which is consistent with their adopted
                        LWRP.

                                                                26








                    Implementation of the recommendation would increase compliance with coastal
                    policies, increase predictability in the consistency review process, and demonstrate
                    the State's commitment to its coastal program and LWRPs. The recommendation
                    would also relieve State agencies of the statutory obligations of consistency. The
                    Task Force does not, however, intend to diminish the regulatory or approval author-
                    ities of any State agency. As is provided in the WRCRA, this recommendation
                    would not enable the Department of State or an LWRP to cause a State agency to
                    make a decision or undertake an action it otherwise would not.

                    B.     Increasing Local Government Involvement

                    Certain critical issues in New York's coastal area, namely allocation of land and wa-
                    ter uses, nonpoint source pollution, management of increasingly congested harbors,
                    and erosion of beaches, bluffs, and other shorelands, are among those that can be
                    more adequately addressed in partnership with local governments. Local govern-
                    ments have comprehensive land use regulatory authority and are best able to man-
                    age and implement the many decisions and small scale projects which constitute the
                    majority of actions necessary for effective coastal management.

                    Local Waterfront Revitalization Programs (LWRPs) were established to enable the
                    Coastal Management Program to address the problems and opportunities of coastal
                    development and protection in full partnership with the State's 250 coastal munici-
                    palities. To date, 105 coastal cities, towns, and villages are preparing or implement-
                    ing LWRPs. While these communities have jurisdiction over nearly 70% of the
                    State's coastline and account for 90% of the coastal population, there remain geo-
                    graphic areas in the coastal area not covered by LWRPs.

                    LWRPs analyze waterfront conditions and allocate land and water uses consistent
                    with State coastal policies. LWRPs also develop capital improvement programs
                    which forecast needs for infrastructure facilities and services. They enhance the
                    State's ability to determine the consistency of proposed actions with coastal policies
                    by providing a detailed analysis of local conditions and an expression of local wa-
                    terfront objectives.

                    Despite these benefits, a number of problems in the LWRP process have been iden-
                    tified:


                    First, the incentives for participation are not adequate. For example, there is no
                    funding for program preparation or implementation and insufficient benefits for
                    having an approved program. Staff resources at DOS are presently inadequate for
                    necessary technical assistance to fully explain the program, help draft the docu-
                    ments, assist in the approval process, follow up with assistance in implementation
                    of approved LWRPs, and provide guidance for continuous updating and periodic re-
                    visions of LWRPs.

                    Second, a number of communities have said that the LWRP preparation and ap-
                    proval process is too long and cumbersome. In addition, the program is not always
                    high on the local agenda and communities do not always have the resources neces-
                    sary to complete the program.

                                                             27







































                                                                                                      4&L














                       Times Beach, Buffalo, Lake Erie



                       Finally, State agency compliance with the requirement of consistency with LYYRPs
                       has been sporadic. For the most part, local governments have not seen a willing-
                       ness on the part of State agencies to undertake actions that would implement
                       LWRPs.


                       In addition to municipalities, some coastal counties undertake major activities, own
                       properties and facilities, and exercise regulatory authority that affects coastal areas.
                       However, counties presently have no direct role in the CMP.

                       To induce more communities to participate and lift the LWRP higher on the local
                       government agenda, the Task Force recommends strengthening the existing State-
                       local partnership and providing greater incentives for voluntary local government
                       participation. Communities are guaranteed tangible benefits when adopting an
                       LWRP and ensured State agency compliance through improved State consistency
                       provisions.






                                                                 28










                     Recommendation 1:


                             Provide new State funds to assist local governments in the preparation
                             and implementation of LWRPs.

                     The WRCRA provides for grants to coastal communities for the voluntary prepara-
                     tion of LWRPs based on the premise that local government, with strong land use
                     powers, must play a central role in implementing the CMP. The Task Force recom-
                     mends that the proposed Environmental Infrastructure Fund provide funding for
                     capital projects, including the preparation of LWRPs and harbor management plans,
                     as appropriate. (Refer to Chapter V1111 for a discussion of the Environmental Infra-
                     structure Fund.) For those activities not eligible for funding from the EIF, alterna-
                     tive State funds will be sought.

                     Local coastal management activities that would be eligible for funding (from the
                     OF or other sources) include: preparation of program refinements and amendments;
                     feasibility, marketing and design studies for projects identified as critical to carry-
                     ing out the program; preparation of new land use controls; harbor management
                     plans; urban waterfont redevelopment studies; wetland habitat and restoration, non-
                     point sources pollution control plans and regulations; public access and trail design;
                     scenic area management plans; seed money for the establishment of local land
                     trusts; and post storm redevelopment plans for coastal hazard areas.

                     In addition to fu'nding, the Task Force also recommends that legislation be enacted
                     to provide clearer authority to coastal communities with approved LWRN to plan
                     for and regulate surface water uses and small harbor activities. The Task Force be-
                     lieves that the expanded regulatory capabilities would serve as an incentive for local
                     participation and would be better applied as extensions of LWRPs.

                     Recommendation 2:


                             Use certain existing State funds as incentives for LWRP preparation
                             and implementation.

                     While the @State has historically provided fiscal and technical resources to support
                     local development opportunities and local resource protection projects, these efforts
                     have in large part been limited to single purpose objectives. Coastal communities,
                     which have completed a lengthy and comprehensive process, must compete with
                     non-participating communities and with non-coastal communities for limited pro-
                     ject funding. Consequently, unique and pressing needs of coastal areas may remain
                     unaddressed; investment opportunities, potentially available through the leveraging
                     of State resources, may be lost; and the partnership and consensus envisioned in the
                     CMP may not be sustained.

                     In addition to funding for LWRPs      in Recommendation     1, whenever feasible, the
                     State should use existing State funds and the proposed Environmental Infrastructure
                     Fund as further incentives for local governments to prepare and adhere to approved
                     LWRPs. The Task Force recommends these funds be allocated so that communities

                                                              29








                       with approved LVV`RPs receive additional points in the evaluation Of grant awards
                       providing a competitive edge in grant situations.

                       The Task Force does not recommend altering existing statutory authority or pro-
                       gram objectives for existing funds, but where feasible, State funding programs
                       should grant preference to projects in approved LWRPs. These include: capital pro-
                       jects to address shoreline erosion; Industrial Infrastructure Development Program;
                       Economic Development Zones; Regional Economic Development Partnership Pro-
                       gram; Navigation Law enforcement; Land and Water Conservation Fund; Council
                       on the Arts (architecture, planning, and design program); and disaster relief to local
                       governments for loss of public facilities.

                       Recommendation 3:


                              Streamline procedures for LWRP Amendments.

                       If LWRPs are to be an effective  basis for public decision making, they must remain
                       relevant as local conditions and circumstances change., Therefore, there must be
                       clear procedures for revising an LWRP. Two procedures are recommended. For
                       major changes in policy and land use, the procedure foramending the LW      RP would
                       be the same as that for obtaining program approval. For refinements to the LWRP,
                       communities would merely have to provide notice and then undergo a brief waiting
                       period prior to local adoption and approval by the Secretary of State. The distinc-
                       tion between a major change and a refinement is not one of magnitude but of policy
                       direction. Thus, a substantial change that only adds or elaborates standards is not a
                       Major change no matter how extensive. The LWRPs should also be'comprehen-
                       sively updated at periodic intervals.


                       Recommendation 4:


                              Extend the coastal management partnership to coastal counties..

                       Complementing the role of coastal communities, the Task Force recommends that
                       coastal counties become a part of the coastal management process.

                       First, counties should be encouraged to have coastal plans to guide their own deci-
                       sions. The incentives and disincentives outlined above would      also be -used to en-
                       courage county involvement.

                       Second, county decisions, like State and local decisions, should be subject to the re-
                       quirement that they be consistent with    the coastal policies as expressed in their
                       coastal plans.

                       Third, coastal communities should be able to call upon counties to help in the devel-
                       opment and/or implementation of LWRPs. This would be particularly helpful to
                       small communities that'lack the resources to develop LWRPs by @hemselves.

                       Fiftally,-coiinty coastal plans should serve'to advocate coastal policies.
                                                               30








                       The extent. of county involvement in the coastal management process would vary
                       from county to county.. The Task Force does not propose that current State-local
                       coastal management relationships   be changed     only that counties be encouraged to
                       have a coastal plan to guide their own actions.

                       C.     Improving Technical Assistance

                       Local government officials, interest groups, and private citizens rely upon technical
                       assistance to help them understand issues and adhere to coastal management laws
                       and regulations. Currently, such assistance is provided primarily by the New. York
                       State Department..of State and New York Sea.Grant. The St. Lawrence-Eastern On-
                       tario Commission,. the Soil and Water Conservation Districts, and Cornell Coopera-
                       tive Extension also provide technical assistance services.

                       The CMP provides technical assistance that furthers the achievement of State and
                       local coastal policies by providing assistance for:   1) the preparation, implementa-
                       tion and revision of LW  'Rps; and 2) the review of projects and activities for consis-
                       tency with CMP policies. Special technical assistance projects are also undertaken
                       as needed; current special efforts,focus on promoting the State's commercial fishing
                       industry,, strengthening the maritime industry, improving. hazard area management,
                       and expanding access to the shore for the public.

                       Technical assistance for preparing and implementing.LWRPs includes: detailed as-
                       sistance on a specific problem or project;. dir ect DOS staff preparation of all or por-
                       tions of an LWRP; writing a grant application; writing local laws; attending public
                       meetings to discuss an.LWRP; holding. conferences and workshops for local offi-
                       cials and consultants; and referrals to sources of technical advice orinformation.

                       The most valuable aspectof the technical assistance ser    vice is the "one-on-one" re-
                       lationship between a CMP s    taff person and the LWRP community. The staff per-
                       son develops, an intimate knowledge, of his or her assigned communities and takes
                       care of technical assistance needs. Overall,@ this type of assistance has proven to be
                       helpful to the communities.

                       DOS staff also review proposed projects and activities to determine consistency
                       with coastal policies. Technical assistance is provided to the consultant, developer,
                       or other applicant if a project needs to be modified to be consistent..

                       The extension specialists of the New York Sea Grant Institute (a cooperative pro-
                       gram ofthe State University of New York and Cornell University) provide techni-
                       cal assistance and information resource for all users     and managers of the State's
                       coastal resources, from elementary school students and researchers to regional plan-
                       ners and public officials. I All specialists- are availableto respond to telephone and
                       "walk-in" information requests

                       In addition, Sea Grant specialists.  try to anticipate questions and undertake pro-
                       active educational programs to address major coastal issues. For example, Sea
                       Grant responded early to the growing problem of zebramussels in the Great Lakes
                                                                31









                        by providing research and educational programs. The specialists' methods of educa-
                        tion include videos, workshops, conferences, training programs, lectures, and publi-
                        cation of scientific res earch.


                        Historically, Sea Grant has received requests for research and information        about
                        erosion, tourism development, and commercial fisheries development. In recent
                        years, specialists have concentrated on issues of water quality, reflecting a growing
                        public concern.

                        Due to limited staff and financial resources, DOS and New York Sea Grant are una-
                        ble to meet the demand for technical assistance. The review and approval process
                        for LWRPs has been slow. The number of DOS staff is insufficient to meet the need
                        for LWRP implementation and consistency reviews. Sea Grant is particularly un-
                        derstaffed in some coastal regions: there are no specialists in the St. Lawrence, Hud-
                        son River Valley. and New York City areas.

                        Recommendation I


                               Augment existing technical assistance and information efforts to
                               address the needs of each coastal region.

                        An interagency team comprised of technical assistance programs and staff should
                        be established in coastal regions to augment existing technical assistance programs.
                        Each team, as appropriate, would consist of designated representatives from DOS,
                        DEC, the Office of Parks, Recreation and Historic Preservation (OPRHP), the De-
                        partment of Health (DOH), Sea Grant, etc. Team members from all agencies would
                        devote some portion of their time to carry out the functions and duties of the team.

                        For each region, the team would form a strong network of knowledgeable coastal
                        management experts who would be available to provide technical assistance and in-
                        formation as needed. The cooperative relationship among the team members would
                        improve and expedite the provision of assistance to local government officials and
                        ot her coastal resource users. The team would also assist in the development of ef-
                        fective regional elements of the CMP.

                        The establishment of regional coastal teams would not requir   .e substantial additional
                        funds for personnel or office space. Most agencies such as DEC and OPRHP al-
                        ready have regional personnel. In addition, no new offices would be created; the
                        team members would be located in existing facilities. Regional offices of one or
                        another state agency could be used (e.g., DEC or OPRHP regional office, SUNY
                        campus, Sea Grant office). A private facility may also be possible in some regions.
                        Whether or not they are in the same location, however, the members of the am
                        would Work together to provide technical assistance and coastal information servic-
                        es.


                        In most cases, DOS staff would take the lead on the interagency team; where appro-
                        priate, however, another agency such as the St. Lawrence-Eastern Ontario Commis-
                        sion (SLEOC) might take the lead. The team leader would be a technical assistance
                                                                 32








                     coordinator who would draw upon the resources of other entities to ensure that tech-
                     nical assistance needs are met. The team leader would draw'upon the Soil & Water
                     Conservation Districts, for example, for technical expertise which cannot be provid-
                     ed by other members of the team. The team leader must become thoroughly famil-
                     iar with the operations of other agencies.


                     Functions and duties of the team would include:


                             Increasing the ability to deliver "one-on-one" technical assistance to coastal
                             communities with LWRPs.


                             Assisting with the development of regional elements.

                             Providing information about current federal, State, and local coastal
                             programs and how these programs affect residents, businesses, etc.

                             Responding to telephone and in-person requests for information and
                             assistance.


                             Visiting sites of proposed coastal projects and activities and assisting in
                             consistency decisions.

                             Communicating with the regional education advisory committees on a
                             regular basis to ensure that ideas and strategies are shared.


                     Recommendation 2


                             Support the hiring of additional personnel to enable both DOS and Sea
                             Grant to meet regional technical assistance needs.

                     Technical experts are needed to support and expand the "one-on-one" technical as-
                     sistance and consistency review being provided by DOS in coastal communities.
                     Additional Sea Grant extension specialists are needed to fill gaps in the St. Law-
                     rence, Hudson Valley, and New York City regions.

                     Recommendation 3


                             Publish coastal technical assistance "information updates'T' how to do
                             W? publications for local government officials and other interested
                             groups and individuals.

                     DOS should work with other agencies to prepare technical manuals, which would
                     support the CMP's LWRP and consistency review responsibilities and the technical
                     work of all agencies. The availabilit y of manuals could alleviate the need for tech-
                     nical assistance by staff. DOS should also consider developing technical assistance
                     videos for local officials and others.




                                                             33










                       Recommendation 4


                               Hold periodic technical training sessions/workshops for newly elected
                               officials, members of LWRP advisory committees, new planning and
                               zoning board members, and other interested organizations.

                       The rapid turnover of local officials necessitates the establishment of a process
                       which will ensure that newly elected or appointed officials in coastal communities
                       receive complete information about coastal planning and management.: Technical
                       training sessions or',Workshops are an effective way to provide such information.
                       These workshops should be held as needed by the CMP, Sea Grant or any other
                       agency or organization with expertise. on the issue.

                       From time to time, these workshops should also provide an opportunity for informa-
                       tion exchange between communities and interested parties. These information ex-
                       change workshops would'Provide a forum for individuals to share their experiences
                       and help create a common commitment to regional planning.


                       Recommendation 5


                               Use counties to provide certain types of technical assistance to coastal
                               municipalities.

                       Some counties already provide considerable technical assistance to municipalities;
                       others are less equipped to do so. To prevent duplication of technical assistance ac-
                       tivities and to ensure that appropriate assistance is being provided to the communi-
                       ty, the CMP and each county should establish procedures to coordinate technical as-
                       sistance services.


                       Recommendation 6


                               Use volunteers to provide technical assistance.

                       Citizens with appropriate expertise 'should be encouraged to provide, on a voluntary
                       basis, technical assistance to their own @local governments and to other communities.
                       Members of certain organizations (American Planning Association, environmental
                       groups, etc.) or retirees should also be encouraged to provide technical assistance.
                       A       Simplifying the Regulatory Process

                       Several federal, state and local agencies have regulatory jurisdiction in the coastal
                       area. State agencies with jurisdiction include DEC, DOS, DOH, OPRHP and the
                       Office of General Services (OGS). Some federal'agencies have started to coordinate
                       their regulatory processes with the State; the Army Corps of Engineers and DEC,
                       for example, have a joint application process. State and local agency permit proce-
                       dures and requirements remain somewhat uncoordinated, however, resulting in de-
                       lays and costs to the regulated community:

                                                                34










































                                                            ffi


                                  Iwo
                                                                                     @Ni E



                    Marina, Lake Ontario


                    Applicants for Permits in the coastal area have identified several specific concerns
                    with the regulatory process:

                           Applicants must fill out m1any forms'from federal, state and local agencies.

                           The permit process -- from the time an application, is subffi itted until a
                           decision is rendered'-- takes too long.

                           Once applications are submitted, regulating agencies often request
                           additional in,formation 6orn the applicant. Requests'are sometimes
                           redundant, which suggests that there is limited coordination or sharing of
                           information between agencies or even within an agency.

                           Different agencies have different application procedures, time requirements,
                           and terminology.

                    A first important step toward addressing  these concerns will be. to coordinate the
                    regulatory processes of New York State agen   Icies. Eventually, all federal and state
                    processes should be integr                   e
                                             .4ted, and coordinat d with local reviews.



                                                           35










                       Recommendation 1


                              Simplify and streamline the regulatory process in three phases.

                       A working group of representatives from state agencies (including DEC, DOS,
                       OGS and OPRHP), from environmental organizations, and from industry (including
                       the marine trades, maritime and real estate communities) should develop and imple-
                       ment plans to streamline the regulatory process.

                       Eventually, all State agency reviews would be done concurrently and would con-
                       form with uniform procedures. From the time a complete application is submitted,
                       standard time lines would apply to state agencies' reviews; for example, a decision
                       could be made in less than 30 days for an "in-kind" project, 45 days for a minor pro-
                       ject, and 90 days for a major project. These targets may not always be attained if
                       the applications require public hearings and the preparation of Environmental Im-
                       pact Statements.

                       Our overall goal for the total application review process (from the time an applicant
                       first approaches a state agency to the final decision) is that it will take no longer
                       than one year, except for the most complex and controversial projects.

                       The working group should recommend significant steps to simplify the regulatory
                       process in three phases. The three phases should take approximately one year to
                       complete. The working group should also ensure appropriate public review and in-
                       put into its process.

                       Phase I (three months) of the group's work would include the following tasks:

                              Develop basic guides to the permit and consistency review processes. These
                              starter guides would include basic information on the variety of state permits
                              that may be required for projects in the coastal area, and would refer to
                              federal and local permit requirements as appropriate. Building upon existing
                              state agency documents, the guides should provide lists of contacts in the
                              agencies, and should be geared to the small project applicant.

                              Promote pre-application and conceptual review conferences. At the
                              applicant's request, state agencies should hold a pre-application or a
                              conceptual review conference. The involved agencies would jointly review
                              the pre-application plans or the application itself and discuss the feasibility
                              of the project with the applicant. The agencies would also review the
                              consistency of the proposal with the coastal policies.

                              The goal of the conference would be to give the applicant a sense of whether
                              or not project approval is likely, and to give a preliminary review of the pro-
                              posal's consistency with coastal policies. The conference would also help
                              the applicant determine what changes may be needed to allow the proposal
                              to meet state permit requirements. In addition, a constructive conference
                              would reduce the time agencies must spend on an application.
                                                                36








                     In Phase 11 (three months), the working group should:

                            Explore the feasibility of developing a comprehensive permit application
                            form. Such an application would integrate all of the forms currently
                            required by New York State agencies (and, whenever possible, federal
                            agencies). Another option is to develop a single application "package"
                            (instead of a single form) which would contain all of the relevant
                            background information and permit applications.

                            The working group should also consider developing three levels of
                            applications: one for simple replacement or "in-kind" projects, one forminor
                            projects, and one for major projects. Applications could be tailored to
                            certain types of projects as well. For example, an application could be
                            developed specifically for marina projects.

                            Develop improvements to the agencies'review processes and to the
                            applications, including: 1) concurrent review of applications by all involved
                            state agencies; 2) uniform procedures and time lines for review; 3) joint
                            public hearings; 4) consolidated site inspection; and 5) standardized
                            terminology. Disparity in procedures and applications should be reduced
                            and/or eliminated to ensure "internal consistency" among the state agencies
                            and to save applicants' time and money.

                            Implement expedited reviews for "in-kind" or maintenance project
                            applications. DEC's Standard Activity Permit process serves as a prototype
                            that could be utilized more broadly to include different types of projects.
                            This process could also be used in all of the State's coastal areas.

                            In addition, New York State should develop a new policy, or legislation if
                            necessary, to create "perimeter permits" for marinas and other related
                            projects. Such pem-iits would authorize minor adjustments to the
                            configuration of existing facilities within such coastal developments.
                            Whenever possible, applications for these permits should be tailored to
                            certain projects, such as docks.

                            Develop a new Coastal Assessment Form (CAF). The new CAF would
                            become the second part of the full Environmental Assessment Form (EAF),
                            which is used in the SEQR review process. The new CAF would be used by
                            all relevant State agencies, thereby consolidating initial coastal review. It
                            would provide a clear and comprehensive assessment of consistency with
                            coastal policies.

                            If possible, the CAF should also be tailored to certain kinds of projects in
                            the coastal area.


                            Develop and disseminate comprehensive educational materials. Most permit
                            applicants need better information about the permit process and coastal
                            management policies and regulations. It is anticipated that improving
                                                            37









                       Local governments, through land use controls and public health efforts, have direc:    t
                       impacts on the coastal resources that require protection. Local efforts to preserve
                       these resources are an essential component of our recommendations. In addition, it
                       is important to recognize that the State and its local governments cannot act in isola-
                       tion. Neighboring coastal states, the federal government, Canada, and several inter-
                       state and international commissions are partners with New York in coastal environ-
                       mental protection efforts. New York must continue to play a strong leadership role
                       in fostering and participating in cooperative regional resource management and con-
                       servation efforts.

                       A.     Enhancing Coastal Water Quality

                       One of our greatest responsibilities is to protect coastal waters from further degrada-
                       tion by both point and nonpoint sources of pollution and to take aggressive steps to
                       improve degraded coastal waters. A point source of water pollution is defined as a
                       discharge from a discrete, identifiable location such as a pipe. Nonpoint source pol-
                       lution includes runoff from agricultural fields, residential lawns, highways or urban
                       streets, seepage from septic tanks, leaking landfills, forestry operations, construc-
                       tion sites, streambank disturbances or small chemical spills or accidents.

                       New York State's Department of Environmental Conservation (DEC) has policies
                       and procedures in place to address coastal pollution. Among them are the State Pol-
                       lutant Discharge Elimination System (SPDES) to regulate the discharge of industri-
                       al and wastewater treatment facilities, and water quality classifications, which are
                       intended to maintain reasonable standards of water quality by preventing and con-
                       trolling pollution. In addition, several programs and funding sources are available
                       in conjunction with the federal government, such as the State Water Pollution Con-
                       trol Revolving Fund and the National Estuary Program. Local governments,
                       through construction of sewage treatment plants, adherence to SPDES permits and
                       appropriate regulatory and zoning actions, also do their share to protect coastal wa-
                       ter quality.

                       Despite these policies and procedures, development pressures in coastal areas con-
                       tinue to threaten coastal water quality. The Hudson River, the St. Lawrence River,
                       Lake Erie and Lake Ontario have improved markedly over the past twenty years
                       due to the construction of municipal treatment plants and improved controls of in-'
                       dustrial discharges. Use of these water bodies, however, is still impaired because of
                       toxic chemical contaminants. This contamination has necessitated the issuance of
                       fish consumption advisories related to bioaccumulation of pollutants in sediments
                       from past and current discharges, from current point and nonpoint sources, and
                       from present sources of air deposition. Coastal waters surrounding New York City
                       and Long Island also continue to experience impaired use due to conventional pol-
                       lutants, specifically coliform bacteria and nutrients.

                       The recommendations provided here build upon the existing tools to improve water
                       quality. They strengthen our ability to address conventional pollutants and provide
                       new. means to prohibit the introduction of pollutants to coastal waters, thereby lead-
                       ing to better water quality for the future.
                                                                40










                    Recommendation I


                            Protect coastal waters from conventional pollutants, including
                            nutrients, and toxic point sources of pollution through strengthened
                            SPDES permits.

                    The State must continue to adopt measures to reduce toxics in effluent discharges
                    into coastal waters, including:

                            SPDES permits with prohibitions on the discharge of persistent toxic
                            substances and strict limits on other pollutants;

                            Strong pretreatment requirements designed to ensure compliance with
                            SPDES permits;

                            Source reduction to help industry in reducing wastes; and

                            Bans on some persistent toxic chemicals.

                    SPDES permits must require Combined Sewer Overflow (CSO) abatement meas-
                    ures to be designed to prevent contravention of all State water quality standards and
                    guidance values. Compliance schedules should be set to give DEC an effective en-
                    forcement tool.    Pretreatment programs or bans of significant toxic pollutants
                    should be incorporated into CSO abatement programs to address this type of pollu-
                    tion.


                    Recommendation 2


                            Enhance Federal and State funding to ensure that facilities are
                            constructed to protect coastal water quality.

                    The State must press Congress, as part of the Clean Water Act reauthorization, for a
                    significantly greater federal financial commitment to the State Water Pollution Con-
                    trol Revolving Fund in order to provide adequate funds to address CSOs, stormwa-
                    ter discharges, sewage treatment plant construction and upgrading (including facili-
                    ties for nutrient removal) and the end of ocean dumping of sewage sludge.

                    A dedicated State revenue source to complement federal assistance is needed. An
                    Environmental Infrastructure Fund (EIF), with revenues provided from a variety of
                    fees, would provide a "pay-as-you-go" source of funding for environmental capital
                    projects in coastal areas. An EIF could support: the State's contribution to the Re-
                    volving Fund to help finance sewage treatment plant construction and upgrading
                    and other water pollution control projects; recycling programs to reduce the amount
                    of waste in our waterways; land acquisition and access improvements to ensure the
                    protection and appropriate use of open space; New York's contribution to the Great
                    Lakes Protection Fund, which would lead to greater improvements in the freshwater
                    coastal system.


                                                            41









                         DEC and the Environmental Facilities Corporation should also improve efforts to
                         promote research and pilot projects on innovative technologies for water pollution
                         control. Projects that hold the promise of significantly furthering our knowledge of
                         wastewater treatment, or that address topical issues, such as the beneficial reuse of
                         sewage sludge, management of CSOs, nutrient removal, nonpoint source pollution
                         control and mechanical aeration of waters with low dissolved oxygen, and are ex-
                         pected to have wide applicability in New York State, should receive primary con-
                         sideration.


                         Recommendation 3


                                Control nonpoint source pollution through expansion of water quality
                                certification requirements and through aggressive State implementation
                                of federal mandates addressing this type of pollution.

                         Polluted runoff remains the most intractable source of coastal pollution. Because of
                         the difficulty of controlling the numerous and diverse sources of runoff, regulatory
                         programs have been sorely lacking. A mechanism iï¿½. needed to ensure that runoff
                         from projects in critical coastal areas or projects exceeding a' certain size will not
                         degrade coastal waters.

                         In accordance with federal law, DEC is required to issue a water quality certifica-
                         tion for federally- licensed or permitted projects to protect water quality from sourc-
                         es of pollution. We believe that this program must be expanded. Within the coastal
                         zone, a water quality certification would be required from DEC for all projects in
                         sensitive areas and for all projects exceeding impact thresholds, whether or not a
                         federal permit is involved. DEC may have existing authority to undertake such a
                         program.


                         We envision "statutory impact thresholds" for new water quality certifications to in-
                         clude significant development projects and projects that already require a DEC per-
                         mit. These thresholds may be different in different parts of the State. In determin-
                         ing these thresholds, DEC should consult with representatives of coastal local
                         governments, environmental groups, national and State estuary programs in New
                         York State, and others prior to recommending a proposal to the State Legislature.

                         A project would receive certification only if it could be demonstrated that point And
                         nonpoint discharges and other impacts from the project, singly or cumulatively,
                         would not cause or contribute to a violationof water quality standards or classifica-
                         tions. If water quality certification is denied, the project would not proceed. This
                         new authority can only be accomplished with sufficient funding to allow it to be
                         discharged in a prompt manner both fair to protection of the project sponsor and the
                         environment.


                         The State must also aggressively pursue the development and implementation of a
                         Coastal Nonpoint Source Pollution Control Program, as called for by the 1990
                         amendments to the federal Coastal Zone Management Act. Under this program the
                         State must implement through enforceable policies, generic management measures
                                                                  42








                    for the control of nonpoint sources of coastal pollution, in conformance with EPA
                    guidance. Additional management measures will have to be implemented in sensi-
                    .tive areas and for land and water uses that individually or cumulatively contribute
                    significantly to the impairment of coastal waters that now, or in the future, may fail
                    to meet water quality standards.or to provide for designated uses. The program,
                    which must be completed by the end of 1994, may require the enactment of State
                    legislation to meet the requirements of the federal law.

                    The State must press Congress for higher appropriations under both the Clean Wa-
                    ter and Coastal Zone Management Acts to aid in the development and implementa-
                    tion of the new State Coastal Nonpoint Source Pollution Control Program and in the
                    implementation of the existing Section 319 nonpoint source control program.

                    Recommendation 4


                           Use existing State and local legal authorities more effectively to avert
                           nonpoint source pollution.

                    DEC should set priorities for implementation of stormwater discharge controls, to
                    achieve the greatest reduction in nonpoint sources of pollution. The efforts of DEC
                    and the Department of Agricultural and Markets to educate farmers on agricultural
                    nonpoint source pollution and to address this type of pollution must be reinforced.
                    State authority under the Tidal and Freshwater Wetlands Acts and the Coastal Man-
                    agement Program should be used more effectively to control nonpoint sources of
                    pollution. For example, DEC should as a matter of course issue permits which pre-
                    serve the maximum amount of vegetated buffer area and ensure that such area is
                    preserved by the permittee. Our proposals for improving wetlands programs noted
                    below can have important benefits in controlling nonpoint sources of pollution.

                    The State must place more emphasis on source reduction as the best means of effec-
                    tively addressing toxics and other material from nonpoint sources (as well as point
                    sources), which also impact stormwater and CSO discharges. This program should
                    include a waste oil tracking program, to certify that waste oil recycling centers are
                    identified to the public as such and are correctly collecting and recycling waste oil.
                    The program should also explore product bans and substitutions as a means of limit-
                    ing floatable and toxic materials originating from households or littering. To fur-
                    ther reduce sources of toxic contaminants, local governments should conduct house-
                    hold hazardous waste education programs.          DEC must be aggressive in the
                    development, application and testing of new and advanced technologies for recy-
                    cling and reuse of solid wastes to keep pollutants out of our streams, lakes and riv-
                    ers.


                    DEC and the Departments of State (DOS) and Health (DOH) should determine
                    whether existing septic system controls as administered are sufficient to protect
                    coastal ecosystems and should recommend appropriate changes to county govern-
                    ments.





                                                            43









                       Finally, LWRPs and the regional elements discussed in Chapter III should more ful-
                       ly take into account water quality classifications and the need to address nonpoint
                       sources of pollution through control of land and water uses. Land use control meth-
                       ods to address this issue should include control of building on steep slopes; limiting
                       building on impermeable surfaces; strict best management practices at construction
                       sites; vegetative buffers and setbacks.

                       Recornmendation 5

                               Upgrade water quality classifications and strengthen the State's
                               anti- degradation policy to protect pristine waters and restore water
                               quality in polluted areas.

                       DEC should evaluate and upgrade coastal water quality classifications wherever
                       possible. Such classifications should be designed to protect pristine waters and en-
                       hance the restoration of water quality in polluted areas. Important and valuable
                       coastal'waters should be considered for designation as outstanding national resource
                       waters into which harmful discharges would be severely curtailed or eliminated. In
                       conjunction with this upgrading, the State should adopt a generic anti -degradation
                       policy designed to further protect and restore the quality of coastal waters.









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                       Fishing, Lake Ontario

                                                                44









                    Recommendation 6


                            Encourage water conservation to improve the effectiveness of sewage
                            treatment facilities.


                    Water   conservation can improve water treatment effectiveness and such efforts*
                    should be encouraged. DEC, municipal governments and, where applicable, the
                    State Public Service Commission, must encourage water conservation through revi-
                    sion of rate structures, building code changes, leak detection and SPDES permits.


                    Recommendation 7

                            Uphold and strengthen Nev; York's support for and participation in
                            interstate coastal efforts to provide benefits to New York's coastal
                            environment.


                    New York's participation in the Council of Great Lakes Governors and the National
                    Estuary Program, as well as its support for the Toxic Substances Control Agreement
                    and the Great Lakes Charter, are examples of positive involvement in cooperative
                    regional initiatives. The success of these efforts has been possible because of a
                    commitment by the State to participate and provide leadership. Continued support
                    by New York for these and other regional efforts must be upheld and strengthened.

                    Federally supported estuary plans are now underway for Long Island Sound, New
                    York Harbor and, soon, the Peconic Bays. State plans are underway for the Hudson
                    River and the Great Lakes, These plans will include important water quality recom-
                    mendations which should be incorporated into the State's CMP and which should
                    provide guidelines for regulatory and capital expenditures to improve water quality.

                    DEC, in the context of the estuary management plans being developed for Long Is-
                    land Sound, New York Harbor and the Hudson River, should set target levels for
                    the reduction of nutrients and contaminants and timetables for accomplishing such
                    reductions. The State should aggressively implement a policy that, at a minimum,
                    assures no net increase in total nutrient loadings from both point and nonpoint
                    sources into Long Island Sound.


                    Recommendation 8


                            Remediate contaminated sediments to upgrade coastal water quality.

                    DEC should develop a comprehensive sediment management strategy, including the
                    promulgation of a set of sediment quality standards. Such standards would:

                            Recognize and complement the criteria currently being developed by the
                            U.S. Environmental Protection Agency (EPA); and

                            Guide the SPDES permit conditions, nonpoint source programs, Army
                            Corps of Engineers dredging permits and remediation projects.
                                                           45









                       DEC should compile a survey and review the in-place contaminated sediments
                       throughout the State. The State should focus remediation efforts on those areas
                       where there is a known sediment contamination problem. Funding programs are
                       needed to address the problem of contaminated sediments and to undertake appro-
                       priate management strategies, including remediation efforts where appropriate. New
                       York should explore mechanisms, complementary to existing federal programs, to
                       ensure that adequate funds and technology are available to address this problem.

                       Recommendation 9


                       0      Continue to ensure the success of the federal Ocean Dumping Ban Act.

                       DEC should encourage those New York State communities temporarily dumping
                       sewage sludge in the ocean to embark on necessary pollution prevention programs,
                       such as corrosion control and household hazardous waste collection, in order to im-
                       prove sludge quality and thereby enhance the disposal and utilization options avail-
                       able for sludge. DEC must ensure the success of the Ocean Dumping Ban Act by
                       reviewing its sludge management policies and removing unnecessary regulatory
                       barriers that may impede environmentally sound land-based sludge management.

                       Recommendation 10


                              Through actions by New York State, its coastal neighbors and its
                              coastal municipalities, ensure that activities on the water do not affect
                              coastal water quality.

                       The U.S. Oil Pollution Act of 1990 and State statutes of similar substance provide a
                       comprehensive state/federal framework for dealing with oil spill prevention, pollu-
                       tion, and remediation from accidental releases from vessels, oil terminals and pipe-
                       lines. However, the efficacy of these statutes turns on their effective implementa-
                       tion. To that end, State and federal agencies should ensure that clear lines of
                       authority are delineated governing spill response in each coastal region of the State
                       and that standards of training and quality in the handling and movement of petro/
                       chemical products are strengthened.

                       It is further recommended that efforts be continued to strengthen navigational safety
                       and that pilots licensed by and accountable to either the State or the federal govern-
                       ment be required for all intra-port movements of foreign flag vessels and U.S. flag
                       vessels under registry. @ Cooperative working agreements relating to safety of navi-
                       gation should be encouraged between New York, New Jersey, Connecticut, Rhode
                       Island and the United.States Coast Guard, all of whom share a vital interest in and
                       commitment to the safety and protection of our coastal environment.

                       DEC should undertake a review of its current program to grant water quality certifi-
                       ,cations for navigational dredging permits. DEC should comprehensively evaluate
                       federal dredging projects by using a set of water and sediment criteria or standards
                       to determine impacts of dredging and dredge disposal on water quality. The crite-
                       ria/standards would be used to guide how the dredging is done and how dredge ma-
                       terial is disposed.
                                                                46








                       DEC and local governments should regularly sponsor clean-up programs to remove
                       litter from back bays and other shoreline areas in order to reduce the amount of
                       floatables entering coastal waters. Volunteer efforts could be used to carry out such
                       programs. The State, counties and local governments also should ensure adequate
                       pump out facilities are in place for boating wastes and that sewage treatment plants,.
                       are available to treat such waste.

                       B.      Protecting Coastal Habitats

                       All tidal and many freshwater wetlands are located in coastal areas of New York.
                       They are vital and productive natural areas providing fish and shellfish nursery
                       grounds, wildlife habitats, flood and storm protection, water resource benefits, rec-
                       reation, open space, and natural treatment of pollution. These areas are subject to
                       significant development pressures, leading to the destruction or despoliation of their
                       ecological resources. Starting well before the enactment of    'State laws to protect ti-
                       dal and freshwater wetlands, many were lost or impaired by draining, dredging, fill-
                       ing, excavating, building, polluting, sedimentation and erosion.

                       Only 25,000 acres of vegetated tidal wetlands remain in New York State and rough-
                       ly ten percent of this remaining acreage is privately owned. Historical losses also
                       have occurred in New York's freshwater wetlands. Protecting and improving the
                       quality of the remaining tidal and freshwater wetlands and, where necessary and de-
                       sirable, encouraging a "net gain" in these ecosystems are the most appropriate ways
                       to ensure a continuation of the ecological benefits of wetlands for the future. While
                       DEC has long implemented wetlands restoration and enhancement programs on
                       State-owned wetlands and wildlife management areas, attaining a net gain goal for
                       coastal wetlands will require substantial enhancement of DEC's efforts. This must
                       include using funds from a dedicated revenue stream to support State as well as mu-
                       nicipal enhancement efforts.


                       Recommendation 1


                               Protect the remaining tidal and freshwater wetlands bases, restore the
                               functions and values of existing wetlands, and encourage the creation of
                               a "net gain" in the quality and quantity of wetlands in coastal areas.

                       The filling or degrading of any mapped, vegetated tidal wetland must be permanent-
                       ly prohibited for all but the most critical uses of overriding statewide or regional
                       significance. Stricter limitations are needed on activities in upland areas adjacent to
                       tidal wetlands to prevent degradation and to take into account accelerating sea level
                       rise. Stricter limitations also are needed on activities in upland areas adjacent to
                       freshwater wetlands to prevent their degradation. These limitations must take into
                       consideration the need to maximize setbacks of activities from wetland areas.








                                                                 47









                       DEC should ensure that its tidal and freshwater wetlands regulatory policies adhere
                       to the following protocol:

                               Avoid negative impacts on wetland resources in permit approvals and other
                               actions;


                               Where some negative impacts cannot be avoided, ensure that appropriate
                               and practical steps are taken to minimize them; and

                               For unavoidable adverse impacts that remain, require permit applicants to
                               undertake compensatory mitigation efforts, such as restoring existing,
                               degraded wetlands.

                       DEC should use the Tidal Wetlands Act to protect tidal wetlands and submerged
                       vegetation in the Hudson River (above the Tappan Zee Bridge), rather than relying
                       on the Freshwater Wetlands Act which regulates wetlands over 12.4 acres in size
                       and wetlands less than 12.4 acres which are of unusual local importance.

                       The State must develop and implement a significantly enlarged wetlands restoration
                       and enhancement program by undertaking improvements to State-owned tidal wet-
                       lands and allocating funds to assist localities in restoring and improving municipally
                       owned wetlands. The Environmental Infrastructure Fund should provide a dedicat-
                       ed revenue stream that could be used for the acquisition of environmentally sensi-
                       tive coastal areas, including important tidal and freshwater wetlands and upland
                       buffers, and for the restoration of wetlands. This restoration and enhancement pro-
                       gram will in no way substitute for the protection of existing wetlands nor as mitiga-
                       tion for the development of any wetland.

                       LWRPs should take into account coastal wetlands and the need to properly protect
                       them through appropriate land use controls. For example, LWRPs should utilize
                       density restrictions and other land use controls to minimize the cumulative impacts
                       that development in upland areas may have on wetlands.

                       Recommendation 2


                               Reinforce coordination of State and federal actions pertaining to coastal
                               wetlands and to significant fish and wildlife habitats to improve the
                               permit process.

                       In addition to State reviews of tidal and freshwater wetlands permit applications, the
                       federal Army Corps of Engineers and many local governments also have wetland
                       regulatory authority which may be applied in New York State. Many have noted
                       that the State and federal programs are not consistent, leading in some cases to du-
                       plicate permit applications and, often, greater uncertainty for the regulated commu-
                       nity on permit approvals.

                       The State should undertake a careful review of means to provide better coordination
                       with federal and local wetlands regulatory activities. Possible State actions could
                       include establishing a joint federal/state review procedure.
                                                                48








                      Finally, it is recognized that DOS and DEC do not have the authority to ensure all
                      State actions are in compliance with policies to protect designated significant fish
                      and wildlife habitat. Requiring all State actions, such as funding, permitted activi-
                      ties and direct actions, to be in compliance with the Significant Coastal Fish and
                      Wildlife Habitat program (whether or not there is an approved LWRP) would aid in
                      the protection of these areas..

                      Recommendation 3


                              Adopt the Wetlands Conservation Plan and enact statutory changes to
                              better protect freshwater wetlands in coastal areas.

                      The long term Wetlands Conservation Plan now in progress must be adopted to
                      guide wetland protection and management. Statutory changes to strengthen protec-
                      tion for freshwater wetlands in the coastal zone should be enacted, including:

                              Significantly increasing fees for freshwater wetlands permit& and penalties
                              for violations, with an earmarking of the money to the Environmental
                              Enforcement account; and

                              Lowering the 12.4 acre minimum size for freshwater wetlands jurisdiction.

                      Subdivision approvals should also become a covered action under the Freshwater
                      Wetlands Act.


                      Recommendation 4


                              Improve wetlands data and enhance enforcement of State laws
                              regarding wetlands to improve State and local protection efforts.

                      A wetlands data and information base on the status and trends of the State's wet-
                      lands should be maintained to help identify rates and causes of loss and the effec-
                      tiveness of mitigation. The State should improve availability and quality of wet-
                      lands data to local governments to assist their efforts in protecting these resources.

                      More tools and resources are needed for enforcement of the tidal and freshwater
                      wetlands program such as requiring developers of major projects to post bonds and
                      allowing for liens against properties with wetland violations. Tax assessors should.
                      be required to take State restrictions into account in assessing the value of property
                      containing wetlands.


                      Recommendation 5


                              Expand state and local participation in the North American Waterfowl
                              Management Plan to improve habitat management.

                      The North American Waterfowl Management Plan (NAWMP) was initiated in 1986
                      and targeted two of our coastal areas -- the lower Great Lakes-St. Lawrence Basin
                                                               49









                        and the Atlantic Coast -- for immediate attention. Four Focus Area plans are under
                        development, but only the St. Lawrence Valley Plan is presently being implement-
                        ed. DEC should expedite the remaining plans and assess the need for additional
                        plans. Localities not currently involved should be contacted for recommendations
                        for additional areas. DEC should also explore, with cooperating federal agencies,
                        the possibilities for expanding this program to include habitat enhancement for all
                        migratory species, including raptors, waders and songbirds, all of which utilize the
                        major coastal flyways.




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                        Recommendation 6


                               Enact legislation and take administrative actions to protect the habitats
                               of significant coastal fish and wildlife species.

                        While New York has adequate laws to prevent the killing and possession of threat-
                        ened and endangered species and the sale of products made from them, there is no
                        law which specifically protects their habitats. Unwise land use decisions may cause
                        the further decline or extirpation of endangered and threatened species. Legislation
                        should be enacted, consistent with existing regulatory authority in the Environmen-
                        tal Conservation Law, to preserve the habitat of endangered and threatened species
                        of fish, wildlife and vegetation in coastal areas. Enactment of Governor's Program
                        Bill #86 of 1991 would create a statutory essential habitat program to protect the
                        habitats of endangered and threatened species from unwise or destructive land use
                        decisions.

                                                               50








                     The State should develop site specific management plans for designated coastal fish
                     and wildlife habitats. These plans should set long term objectives, provide a basis
                     for reviewing State actions for consistency, target land acquisition and restoration
                     and provide guidelines for local communities to use in establishing land use con-
                     trols to protect habitat from harmful upland development. All State actions (permlit-
                     ting, funding, direct actions) affecting designated significant coastal fish and wild-
                     life habitats, whether such actions are inside or outside the coastal area, should be
                     consistent with the State's Coastal Management Program. Currently, not all such
                     actions are subject to the consistency requirement.

                     Significant fish and wildlife designations should be expanded to include significant
                     plant species. Existing legislation that identifies endangered, threatened and rare
                     species of plants in the State's coastal areas should be strengthened to prevent the
                     destruction of such plants by development and, where the impacts of development
                     threaten their destruction, to deny approval of projects. Existing penalties for ille-
                     gally collecting protected plants should be greatly increased. Coastal policies and
                     LWRPs should address all wildlife and fishery values even if no "significant habi-
                     tat" is designated.

                     Recommendation 7


                            Provide urgently needed funds for research on zebra mussels in New
                            York State.


                     The coasts of New York can be, and have been, significantly affected by the intro-
                     duction of exotic species. The recent spread and explosive growth of zebra mussels
                     in the Great Lakes is evidence of the negative consequences of such introductions.
                     Recently enacted federal legislation (the Non-ln'digenous Aquatic Nuisance Preven-
                     tion and Control Act) authorizes approximately $30 million per year for five years
                     for programs to prevent, research and manage aquatic nuisance species in the Great
                     Lakes and elsewhere in the nation. Unfortunately, administration funding requests
                     in support of this legislation are far below the authorized level. New York needs to
                     promote effective funding of this important program and to'continue its own sup-
                     .port of zebra mussel research. Such research is especially important forthe devel-
                     opment of non-chemical mechanisms of control on water intake pipes.

                     C.     Managing Fishery Resources

                     Many species of finfish, crustaceans and shellfish have been over-harvested by both
                     commercial and recreational fishermen from New York and other coastal states.
                     For example, important fish stocks such as summer flounder, winter flounder, scup,
                     weakfish, sea bass and cod have been depleted because of overfishing. In order to
                     provide future generations with a sustained harvest, fishery resources must be better
                     managed and fishery abundance must be increased. The State must manage fish,
                     crustacean and shellfish resources so that these resources maintain healthy popula-
                     tions at levels capable of supporting a sustained harvest and ensuring their use and
                     enjoyment for future generations of New Yorkers. Management of any one species
                     should respect its relationship with other species.
                                                             51








                       The commercial and recreational fisheries of this State are of tremendous impor-
                       tance. Coastal commercial, recreational, tourism, wholesale and retail fish market
                       activities provide billions of dollars in income, provide substantial numbers of jobs
                       and are the backbone of many local economies. Properly managed, they are com-
                       patible with protection of the environment. Clean water -- a fundamental environ-
                       mental goal -- is also necessary for recreational activities, such as swimming, and
                       commercial/recreational activities, such as fishing.

                       The State's marine resources are the property of all New Yorkers.      -For many, the
                       only access they have to these resources is through the consumer purchase of New
                       York harvested fish. In order to continue to allow for the greatest public benefit
                       from the marine resources, fishing, distribution and marketing should be encour-
                       aged in New York State.

                       Essentially all of the State's principal marine and estuarine fisheries are migratory
                       and require cooperative management by many coastal states and the federal govern-
                       ment. Established mechanisms exist for determining the management needs and
                       implementing necessary management measures for inter-jurisdictional fisheries.
                       Fishery Management Plans are prepared which describe the biology of the principal
                       species and their fisheries, establish management objectives and needed harvest reg-
                       ulations, and specify data and information requirements for future management.

                       In the Exclusive Economic Zone (the zone extending from three miles offshore to
                       200 miles), such management plans are prepared by federal Fishery Management
                       Councils, which include states among their members, and must be approved by the
                       federal National Marine Fisheries Service. For fisheries in state waters, manage-
                       ment plans are prepared and adopted by the Atlantic States Marine Fisheries Com-
                       mission. In Lake Erie and Lake Ontario, fisheries management plans called Lake
                       Plans have been developed for the Great Lakes Fisheries Commission. The recom-
                       mendations of such plans must then be implemented by each participating state for
                       a plan to be effective.

                       Many management plans establish framework provisions whereby management
                       measures must be adj u sted. periodically, usually annually, in response to biological
                       criteria in the plan. For example, season lengths, size of limits or annual harvest
                       quotas may be varied according to changes in stock biomass or mortality rate. Ex-
                       amples of framework plans include the Bluefish and the now-developing Summer
                       Flounder Management Plans.

                       Notwithstanding these mechanisms, more resource protection and management
                       need to be done coastwide and within New York State to eliminate the overfishing
                       of our major stocks of fish and to maintain the stocks in healthy condition in the fu-
                       ture.










                                                                52









                     Recommendation I


                             Provide responsible, consistent management and continued public
                             benefit from fisheries through action by New York, its neighboring
                             coastal states and1he federal government.

                     Responsible management measures for recreational and commercial fisheries, based
                     on sound fisheries science and the best scientific data available, should be devel-
                     oped and implemented. These measures should be consistent with management
                     measures developed by the Regional Fishery Management Councils, the Atlantic
                     States Marine Fisheries Commission and the Great Lakes Fisheries Commission.


                     The State must urge Congress to adopt federal legislation that penalizes states for
                     non-compliance with management plans adopted by the Atlantic States Maxine
                     Fisheries Commission. The Atlantic Striped Bass Conservation Act adopted several
                     years ago requires states to implement the provisions of the Commission's Striped
                     Bass Plan under penalty of a federal moratorium on fishing for striped bass in the
                     offending state's water. That Act has effectively assured that all states have imple-
                     mented the provisions of the Striped Bass Plan. Congress should consider extend-
                     ing its provision to other species such as bluefish, fluke, weakfish and lobster for
                     which a number of individual states have not adopted the Commission's manage-
                     ment recommendations.


                     The origin of brown tide episodes in eastern Long Island waters remains a mystery.
                     Research should be continued to determine the causes, and hopefully, methods to
                     avoid brown tide blooms. State efforts to restore resources damaged by brown tide,
                     including eelgrass and bay scallops, must be continued and enhanced.

                     The State should support efforts of towns to manage and enhance shellfisheries in
                     town-owned underwater lands. Enhanced technical and financial support and en-
                     forcement should be provided.

                     Recommendation 2


                             A saltwater recreational fishing license should be put in place to finance
                             protection and management of New York's living marine resources.

                     Given the high intensity of recreational fishing in New York's coastal zone, a salt-
                     water recreational fishing license is desirable and would produce additional income
                     for management and protection of marine resources. Fees would be directed to the
                     Marine Resources special revenue account, and would supplement and enhance ex-
                     isting General Fund appropriations to DEC. A recreational freshwater fishing li-
                     cense is already required in all states. At least eight states already require a saltwa-
                     ter recreational fishing license. A marine recreational license would substantially
                     increase the availability of federal funds to New York State for the enhancement of
                     living resources. DEC has estimated that an additional $4 million annually would
                     flow to the State if such a license were required. Proceeds from this fee should be
                     restricted for use in fostering and protecting marine resources.
                                                               53










                      Recommendation 3


                              Enact a statute to express a State policy on fisheries management and
                              adopt a comprehensive fisheries management policy to clearly identify
                              State priorities for fisheries.

                      Unlike the federal government, which has clearly set forth its fisheries management
                      policy in the provisions of the Magnuson Fishery Conservation and Management
                      Act, New York State has no such expression of legislative policy for the manage-
                      ment of coastal fisheries. Such legislation needs to be adopted. In addition, DEC
                      should adopt a comprehensive fisheries management policy which sets forth the
                      specific policies and principles by which it will identify, support and implement
                      fisheries management regulations.

                      Recommendation 4


                              Strengthen State actions to protect the public from contaminated fish,
                              shellfish or w' aterfowl.


                      New York State should, to the maximum extent possible, ensure that the public is
                      aware of those areas where consumption of wild fish or wild fowl should be restrict-
                      ed or limited because of contamination. DEC and DOH should review the health
                      advisory program and investigate the possibility of posting areas where fish or wild
                      fowl contamination exists.











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                      Barrier Island, Southampton Town

                                                              54







                      A       Protecting Natural Features

                      While numerous federal, State and local programs have been designed to discou-
                      rage inappropriate use and development of coastal hazard areas, these efforts re-
                      main largely inconsequential compared to the problems and the complexity of gov-
                      ernment and private sector activities that affect the use and development of such
                      areas. Moreover, while there is a general understanding of the dangers of flooding
                      and erosion, storm surges, hurricanes and sea level rise, there is a lack of data to
                      correlate how severe these future events will be at specific locations.

                      The recommendations propose to improve the management of hazardous areas
                      along the coast and better respond to the continuing threats to life, coastal property
                      and natural resources. There are many possible approaches that government can
                      and has taken toward areas prone to coastal erosion. These recommendations serve
                      to build upon those approaches and modify them, as necessary.

                      Recommendation I


                              Protect dunes, bluffs, barrier beaches and steep shorelines to provide
                              natural coastal resources and property owners with a first line of
                              defense against sea-level rise and possible global warming.

                      Because coastal sand dunes and barrier beaches provide effective protection against
                      shore erosion from storms, and because they provide an excellent natural habitat for
                      plants, wildlife and birds, New York should strengthen efforts to prevent their de-
                      struction. These naturally occurring structures are our first line of defense against
                      sea level rise and possible global warming. In already developed areas, dune en-
                      largement or construction may help protect existing development.

                      Practices for pursuing this policy include: allowing enough room between the beach
                      and building development, as well as between the back side of the dunes and devel-
                      opment, for dunes to form and migrate naturally or be artificially constructed; build-
                      ing dune cross-overs for connecting the beach to the interior; preventing both pedes-
                      trian and vehicular traffic or any construction on the dunes; after a storrn,
                      encouraging relocation of structures built on or too close to dunes; repairing dunes
                      damaged by human activity; and encouraging studies of dune processes and ecology
                      by scientists. Since wide, fronting beaches are an important source of sand for
                      dunes, this beach/dune interaction should be recognized in encouraging shoreline
                      protection. Marshlands on the interior shores of barrier islands also perform impor-
                      tant natural protective functions, such as absorbing storm water, and likewise
                      should be protected.

                      Bluff and steep slope shorelines, which occur along the north shore and east end of
                      Long Island and along much of the Great Lakes shorelines, like dunes, provide pro-
                      tection from coastal erosion and storm effects. The stability of the bluffs is aided
                      by maintaining a healthy, natural vegetative cover. DEC's Coastal Erosion Hazard
                      Area Management Program should provide greater setbacks from the bluff edge or


                                                               55









                        steep slopes to discourage harmful landscaping and other practices that threaten the
                        stabilizing vegetation.


                        Recommendation 2


                                Develop an explicit policy of strategic retreat and selective protection in
                                coastal hazard areas.


                        To more clearly spell out where it makes sense and where it does not make sense to
                        build in coastal hazard areas, the Task Force proposes that a policy of strategic re-
                        treat and selective protection should be adopted.

                        The State would implement the policy by working cooperatively with local govern-
                        ments, property owners, environmental groups and others. The policy would identi-
                        fy erosion and storm-prone areas appropriate for protection. These areas would in-
                        clude: those of heavy public use or of year-round high population density (for
                        example, urban areas); areas containing existing major public infrastructure; or nat-
                        ural geomorphic areas which provide critical protection to resources of overriding
                        statewide significance. This policy would better allow cost/benefit decisions to be
                        made to protect the public's interest in shoreline areas, while working to the greatest
                        extent possible within the constraints of natural coastal processes.

                        Protection of such areas should not adversely affect the adjacent environment. Soft
                        solutions (such as beach nourishment) are environmentally preferable to hard solu-
                        tions (such as groins and seawalls) because the soft solutions have been shown to be
                        less likely to have adverse environmental effects. Public funding for protection
                        sh'ould be allowed only for areas where there is a clearly demonstrated statewide or
                        regional public benefit to be derived. A policy of retreat that allows natural coastal
                        processes to take their course should also be pursued. State and local officials
                        should encourage the use of the National Flood Insurance Program for selective re-
                        location.


                        Recommendation 3


                                Establish minimum setbacks for development from coastal shorelines
                                where they currently do not exist, or are inadequate to protect critical
                                natural protective features (i.e., dunes, beaches and bluffs) from
                                degradation and destruction.


                        New development should not be permitted seaward of these setbacks. Setbacks or
                        buffer zones should be incorporated into local coastal area zoning as well as State
                        regulatory programs. Such setbacks should be periodically updated and should re-
                        flect both varying erosion rates, storm exposure and expected sea level rise.




                                                                 56










                      Recommendation 4


                             The Governor should issue an Executive Order requiring State
                             Agencies to limit public subsidies and expenditures in federally
                             identified Coastal Barrier Resources Act areas, in coastal high hazard
                             areas, and in additional areas identified as such in the regional elements
                             in Chapter 1H.

                      Of particular concern are State expenditures for public services and infrastructure.
                      This recommendation is not intended to preclude open space acquisition or public
                      expenditures to provide reasonable public access to the shore for recreation.

                      Recommendation 5


                             Army Corps of Engineers maintenance dredging projects must provide
                             for disposal of dredged materials in accordance with State priorities.

                      In order to reduce expenditures and not squander valuable natural resources, all
                      clean sand of suitable gain size, resulting from inlet maintenance dredging, should
                      be placed in the nearshore or on beaches down drift of the dredged inlet. At the
                      present time, much of the sand dredged from inlets is disposed of offshore. The
                      State should request that the Army Corps of Engineers streamline its process for
                      providing sand from nearby dredging operations to local areas in need of beach
                      nourishment.


                      Recommendation 6


                             The Governor should use h.is authority to designate to the maximum
                             extent possible coastal barrier lands for inclusion into the Federal
                             Coastal Barrier Resource System.

                      Under the Federal Coastal Barrier Improvement Act, the Governor has until May,
                      1992, to add "otherwise protected" lands to the Federal Coastal Barrier Resource
                      System. These lands can be privately owned, locally owned, or   owned by the State.
                      The Task Force recommends that the Governor designate, to the maximum extent
                      possible, coastal barrier lands for inclusion into this system. This designation
                      would help prevent future unwise development in the coastal -hazard zone.

                      Recommendation 7


                             Strengthen existing efforts of State agencies to regulate development in
                             coastal areas and improve local and State preparedness for coastal
                             emergencies.


                      DOS, DEC and the State Emergency Management Office should work together             to
                      improve the State's response to erosion and storm damage by: developing special
                      construction standards for incorporation into State and local building codes; devel-
                      oping coastal hazards considerations for incorporation into certification require-
                                                             57









                         ments for building inspectors; evaluating the need to strengthen flood plain manage-
                         ment and coastal erosion hazard area management programs; providing training in
                         construction standards and coastal hazards education for local inspectors; and pre-
                         paring in ccoperation with local governments post-storm redevelopment plans con-
                         sistent with the policy of strategic retreat and selective protection.

                         Recommendation 8


                                Property in coastal hazard areas should have that designation recorded
                                on tax maps and official records in municipal clerks' offices.

                         Public and private property owners should be made aware if their properties are po-
                         tentially subject to severe coastal flooding and coastal storms. In addition, designa-
                         tions should be required by the real estate agent, lending institution and in contracts
                         of sale for pending property transfers.

                         E.     Enforcing Coastal Natural Resource Protection

                         Coastal and marine law enforcement activities that are conducted by DEC can occur
                         under several laws, such as the Tidal Wetlands and Freshwater Wetlands statutes.
                         Particularly in downstate areas, the workload to enforce environmental laws has
                         been steadily increasing. Staffing has not kept pace with this workload. While
                         DEC will continue to make a concerted effort to maintain the quality of the coastal
                         environment through enforcement actions, additional resources are necessary.

                         Public policy in New York and the nation has evolved to legally establish that par-
                         ties responsible for hazardous waste sites and oil spills should be required to com-
                         pensate the public for certain natural resource damages. The potential to obtain sig-
                         nificant financial settlements for injuries to natural resources has already been
                         demonstrated in well-known cases. After the Exxon Valdez oil spill in Alaska, a
                         $1.0 billion settlement was rejected by the Court as insufficient to compensate the
                         state for injuries caused by the spill. A mechanism is needed by which New York
                         State can rapidly carry out and pay for the evaluation and the restoration or replace-
                         ment of natural resources injured by various environmental insults, using money
                         damages recovered from polluters.

                         Recommendation I


                                 Place higher priority on enforcement of environmental laws in the
                                 coastal zone.


                         A higher priority needs to be placed on enforcement of environmental laws in the
                         coastal zone. A task force of Environmental Con serva ti on'Officers dedicated to
                         coastal and marine law enforcement should be created. This unit can be supported
                         by a saltwater recreational fishing license.




                                                                  58










                    Recommendation 2


                            Dedicate staff to recovering natural resource damages to ensure against
                            future coastal environmental degradation.

                    Successful implementation of the natural resource damages policy in New York re-
                    quires the commitment of staff and resources to assess and document injuries to the
                    State's natural resources, pursue cases of natural resource damages, and oversee the
                    restoration or replacement of damaged natural resources. Prompt recovery of natu-
                    ral resource damages, an important deterrent to environmental insults, can help re-
                    store degraded coastal systems. Assuming the availability of natural resource dam-
                    age monies to support additional staff, a unit dedicated to recovery of additional
                    natural resource damages should be established within DEC.






































                                                            59









                      CHAPTER V
                      THE PUBLIC COAST



                             Greater access to New York's coastal shore will be available to all residents
                             and visitors to the State. Important open space, scenic, recreational,
                             historic, archeological and cultural resources will be protectedforfuture
                             generations.


                      The protection and conservation of resources has historically been of great concern
                      to New Yorkers. Recognizing current obstacles to this endeavor, there is a need to
                      strengthen our resolve to preserve additional, fast-disappearing resources which
                      contribute to the quality of life in the State and the conservation of our heritage.
                      The State Open Space Conservation Plan now being developed will assure fulfill-
                      ment of a vision for land conservation on a statewide basis. The State Coastal Man-
                      agement Program (CMP) must reinforce and enhance these efforts within the coast-
                      al area.


                      Access for the public -- both physical access to the coast and visual access to its
                      scenic areas -- is an important part of life in New York State. In reviewing the need
                      for State action to protect and restore coastal resources, the Task Force recognizes
                      the essentiatright of the public to gain access to and enjoy New York's coastal re-
                      sources. There is also a clear need to redouble our efforts to increase opportunities
                      for public access to the coastal shore, particularly in heavily populated areas.

                      A. Conserving Open Space

                      New York State is diverse in its open space, natural, historic, cultural and recrea-
                      tional resources. The Hudson River Valley, lined by the Palisades and the Hudson
                      Highlands, the steep bluffs and barrier beaches of Long Island, the varied land-
                      scapes of the Great Lakes and the picturesque Thousand Islands of the St. Law-
                      rence, along with associated recreational and historic assets, are an integral part of
                      this diversity.

                      Open space resources contribute substantially to the quality of life of New Yorkers
                      and the variety of opportunities available to residents and visitors. Open space is
                      important in protection of ecological processes and environmental quality, provid-
                      .ing recreation, and increasing human knowledge through education and research.
                      In addition to these direct benefits, intrinsic benefits result from protection of these
                      resources. Even if people do not use these resources, they may benefit from the
                      knowledge that the resources will be available for future use by them and their chil-
                      dren. The fact that open space resources exist can give people a feeling of well-
                      being associated with stewardship responsibility and the satisfaction that others may
                      be able to enjoy a treasured asset.



                                                               61


































                      Hudson Highlands, near Bear Mountain



                      Recognizing the need to conserve open space resources while at the same time pro-
                      viding proper guidance at the State level, legislation was enacted in 1990 which re-
                      quired the Department of Environmental Conservation (DEC) and the Office of
                      Parks, Recreation and Historic Preservation (OPRHP) to prepare a State Land Ac-
                      quisition Plan. This plan was intended to guide the selection of land acquisition
                      projects and to provide for the conservation, protection, and preservation of open
                      space, natural, historic and cultural resources and the enhancement of recreational
                      opportunities.

                      DEC and OPRHP recognized, however, that effective policies to protect these re-
                      sources involve. -- in addition to acquisition -- a combination of State, local and pri-
                      vate efforts, and thus the scope has been broadened and the plan named the State
                      Open Space Conservation Plan. The plan is in the draft stage of development.

                      Working with nine regional advisory committees established under the 1990 legisla-
                      tion, the planning process has identified important open space areas. The analysis
                      undertaken suggests that open space conservation efforts ought to be focused within
                      a limited number of important areas within the State. Conservation of the most im-
                      portant resource values within these areas can then create a framework of open
                      space which will ensure ecosystem integrity, environmental quality and recreational.
                      opportunity for future generations. Priority should be given to conserving critical
                      open space systems, such as within the coastal area.
                                                                62








                       In recognition of the open space needs identified through the process of preparing
                       the plan, the Task Force feels that the State CMP must provide greater emphasis to
                       these resIources in the'coastal area, and we strongly support reasonable funding to
                       meet the need for open space conservation. At the same time, we must assure that
                       acquisition of open space in the coastal area respects local concerns, the recom-
                       mended regional elements of the CMP, and the Open Space Plan regional advisory
                       committees mentioned above. Heavily populated, urban areas deserve emphasis in
                       protecting open space. In certain other areas, such as the St. Lawrence region,
                       where there are already substantial public lands, the State's acquisition of additional
                       lands would be more limited.


                       Recommendation 1

                              Devel6p an explicit coastal policy to protect, restore, and enhance the
                              State's coastal open space, and strengthen existing policies to provide
                              for protection, restoration and enhancement of these resources, as well
                              as access to the shore.


                       The State CMP is currently silent regarding protection of open space resources in
                       general. Although most of the various components of open space -- rivers, wet-
                       lands, marine waters, significant habitats, agricultural areas, scenic areas, and his-
                       toric sites -- are discussed in the CMP, an active policy is needed to assure that the
                       loss of open space resources in the coastal area is reversed.

                       One of the State CMP policies is to "protect, restore and enhance natural and man-
                       made resources which are not identified as being of statewide significance' but
                       which contribute to the scenic quality of the coastal area." The policy on scenic re-,
                       sources of statewide significance, however, is only to "prevent impairment". The
                       latter policy should thus be strengthened to "protect, restore and enhance" scenic re-
                       sources of statewide significance. A related recommendation to modify one of the
                       coastal recreation policies is contained in Section C of this chapter.

                       Protection of open space will be an issue which must be explicitly addressed in the
                       proposed regional elements of the CMP and in LWRPs. Areas needed for public
                       use and enjoyment should be identified and should include geographic areas. which
                       generally would remain free of development. Development activities would also be.
                       evaluated for their consistency with protection of open space.

                       Through effective implementaion of these policy changes, coastal lands now held
                       by State agencies other than DEC or OPRHP would be examined to determine their.
                       open space values. State coastal lands which should be protected would be retained
                       by the public through transfer to an appropriate agency.







                                                                63










                        Recommendation 2


                                Provide a reliable, long term source of funding for preservation of open
                                space in the coastal area.

                        Virtually all State funds from past bond acts for various open space, parkland and
                        historic preservation purposes have been expended or committed. The Task Force
                        recognizes that combined with other efforts, land acquisition is an important ele-
                        ment in protecting the State's resources, such as habitat and water quality, as well as
                        providing adequate public access to the shore. In a 1987 statewide survey of the
                        general public, the highest agreement rating on any of the questions in the survey
                        70.4% -- was for the statement "government should purchase additional public ac-
                        cess to water resources such as lakes, streams, beaches and oceanfronts."


                        The draft State Open Space Conservation Plan documents the need to provide pub-
                        lic funding, among other strategies, to acquire in full fee or by easement open space
                        resources in order to provide waterway access, parkland and recreationways, and to
                        protect habitats, historic and scenic resources. Development pressure in New York
                        State, and potential loss of open space, is greatest within the coastal area. Thus the
                        Task Force strongly endorses public acquisition of open, space resources in the
                        coastal area.


                        In addition to State land acquisition in the coastal area, funds are needed for grants
                        to local governments such as were provided under the 1986 Environmental Quality
                        Bond Act, particularly where acquisition is recommended within LWR.Ps or pro-
                        posed regional elements. Direct acquisition by the federal government is also a de-
                        sireable conservation strategy, such as for National Wildlife Refuges where excep-
                        tional wildlife resources exist.


                        The draft State Open Space Conservation Plan recognizes that,a comprehensive ap-
                        proach to land conservation is needed. In addition to acquisition, the draft plan con-
                        sists of a multi-faceted approach to include such strategies as public/private partner-
                        ships, tax incentives, and comprehensive planning and protection efforts.

                        The source or sources of funding must be sufficient not only to acquire high cost
                        coastal land, but also to provide proper stewardship of these lands which will assure
                        their long term protection. (See Section C of this Chapter.)

                        B.      Preserving the Public Trust

                        The Public Trust Doctrine provides that certain resources are held by the State for
                        the common benefit of the people. The Task Force is particularly interested in pub-
                        lic trust rights with respect to lands under tidal waters and certain navigable fresh-
                        waters. When the foreshore is covered by tides or high water, the public may use
                        the water covering the foreshore and underwater lands for boating, bathing, fishing
                        recreation and other lawful purposes. When the foreshore is exposed at low water:
                        the public may pass and repass over the shore as a means of access to reach the wa-
                        ter for these lawful purposes and may use foreshore lands for recreational purposes.
                                                                 64







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                      East Hampton, Atlantic Ocean


                      Access to the shorefrom the water is   also protected  by national and  State naviga-
                      tion rights which are substantial and well-tested in the courts.

                      Inherent in the nature of public trust lands is that they support diversified and im-
                      portant ecosystems without which many public rights, including fishing and swim-
                      ming, would,be impossible to enjoy. The public interest demands the preservation
                      and conservation of these vital natural resources against pollution, overuse, destruc-
                      tion and infringement by others, whether public or private.

                      It is recognized that private property is protected through common law and statutory,
                      requirements dealing with rights of upland owners. These owners have riparian
                      (river or stream) or' littoral (ocean) rights which allow them reasonable access and
                      docking. Riparian and littoral rights are Subject to State rules and regulations, in-
                      ClUding those providing for environmental protection, as well as public trust rights.

                      In New York State, the sale, lease, disposal and transferof State-owned real proper-
                      ty, as well as the management of these assets, is centralized within the Office of
                      General Services (OGS). Part of the responsibility of OGS involves determining
                      the public and private interests in State-owned lands and waters through documen-
                      tation of existing encroachments and restriction of unwarranted development, while
                      recognizing the legitimate exercise of littoral or riparian rights. OGS implements
                      procedures for coordination of State real property transfers with other State agen-
                      cies, local government and interested parties.
                                                              65









                          Some of the real property under the jurisdiction of OGS is land now or formerly un-
                          derwater. Generally, the State retains title to those lands to the last known location
                          of the shoreline prior to the placement of any fill. In other words, a shorefront own-
                          er cannot acquire title to lands underwater by filling those lands.

                          Recommendation I


                                 Develop an explicit coastal policy to prohibit actions which would
                                 extinguish public rights in public trust lands, and aggressively apply
                                 that policy.

                          In some cases, owners of private property that is adjacent to the publicly-owned
                          shore and underwater lands illegally restrict lateral access along the shore. Even
                          where public rights-of-way to the shoreline exist, use of the shore itself is some-
                          times restricted by private beach/no trespassing signs. The State must provide
                          strong reassurance that the public is allowed lateral access along, and use of, the
                          shore below the high water mark. Any State property interest in formerly underwa-
                          ter lands should be used, to the maximum extent practicable, to assure access.

                          DOS also needs to provide more information to local governments and to the public
                          about where and how the public trust doctrine applies to different coastal regions
                          and localities.


                          Recommendation 2


                                 Adopt improved review procedures for State real property transactions
                                 in lands now or formerly underwater in the coastal area, to ensure that
                                 public access, natural resource and other open space values are fully
                                 considered.


                          The environmental review process in place for management, of lands now or former-
                          ly underwater should be expanded to ensure that environmentally sensitive parcels
                          are not leased or are leased only with appropriate environmental restrictions. The
                          terms of any lease of underwater lands should ensure that public access is continued
                          and the public's rights under the Public Trust Doctrine are not diminished. Under-
                          water lands should be reviewed -and those underwater lands where natural resource
                          values clearly predominate should be transferred to DEC or OPRHP for manage-
                          ment.


                          The Task Force recommends that lands now or            formerly underwater with open
                          space values -- natural resource, scenic, public or recreational values -- should be
                          preserved in the coastal area through this process.    The proposed review and trans-
                          fer process developed must also be mindful of any property rights which may be re-
                          tained by upland owners as determined by OGS, but can include lawful, environ-
                          mental restrictions on use of the property. In some cases, the State may retain or
                          purchase development rights in lands for public acc    .ess and other public trust rights.



                                                                    66








                    An appraisal schedule for leases or grants of lands now or formerly underwater,
                    should be established with all proceeds dedicated to purchase of public shoreline ar-
                    eas and tidal and freshwater wetlands and underwater lands with recreational value.
                    A set aside for administrative costs is appropriate to retain staff currently working
                    on the underwater lands program.

                    The State's sale or lease of public trust lands now or formerly underwater in the
                    coastal area would be carefully limited to those instances where the sale or lease
                    will not result in uses that will adversely affect coastal water quality and the natural
                    resource values of the lands. Moreover, public trust rights (including access) and
                    interests in these public trust lands in the coastal area will not be limited or extin-
                    guished by s uch sales or leases.

















                                                           -2





                    Sacketts Harbor, Lake Ontario


                    C.      Increasing Public Access

                    The demands for all forms of water recreation are among the highest of all recrea-
                    tional needs, and are not being adequately satisfied due to inadequate public access.
                    Most of the need for additional water access is in. coastal areas, such as along the
                    marine shoreline, the Great Lakes, and the. Hudson River; the need is particularly
                    evident in urban coastal areas.


                    Through implementation of other recommendations of the Task Force with regard
                    to open space and Public Trust, acquisition (as well as protection through other
                    techniques) of coastal lands which can provi   'de physical or visual access. to coastal
                    water bodies will be encouraged. Additional actions to assure public access are
                    needed, however.

                                                             67











                        Recommendation 1


                               Support appropriate development and stewardship of coastal lands
                               which provide or which have potential to provide public access and
                               recreation.                                                    I


                        It must be recognized that provision of public access and recreation requires, in
                        most cases, appropriate development of adequate infrastructure. Particularly at har-
                        bors, boat launch sites and beaches, amenities are required for water-oriented recre-
                        ation. Access for the public is provided by both the public and private sectors. For
                        instance, privately owned marinas are an important element in providing access for
                        the public and need support for proper site planning and development.

                        On the Great Lakes, a basic need is to increase the number of harbors of refuge to
                        shelter boaters from fierce lake storms. This undertaking can require construction
                        of breakwaters, dredging, bulkheads, and docks. In addition, the annual massing of
                        salmonid fishermen has placed great stress on the ability of communities to provide
                        launching facilities, lodging, fish cleaning stations, moorings and dock space, and
                        adequate road access, all without conflicting with neighboring residential uses.

                        Along the Hudson, most publicly accessible docking for fishermen and transient
                        boaters is found at municipal landings. Lack of funds has hindered maintenance of
                        these facilities by local governments.

                        On Long Island, shoreline erosion, littoral drift and changing water levels cause
                        great public concerns for the protection and enhancement of natural beach systems
                        as well as the protection of access and recreation. This issue is discussed under
                        Recommendation 4.


                        Development and management of land and water bodies to         provide public access
                        must also be sensitive to the inherent natural qualities of coastal resources. In par-
                        ticularly sensitive environmental areas, certain levels of public access may not b  'e
                        appropriate. Provisions for scientific and educational study of these areas should be
                        made wherever possible.

                        The demand for and provision of,various water-oriented activities generate potential
                        conflicts with coastal resources as well as among user groups. Plans for develop-
                        ment and management for access must minimize conflicts among water-oriented ac-
                        tivities, and consider such aspects as safety and insurance. Efforts to design, devel-
                        op and manage access facilities and other amenities should capitalize on
                        partnerships by State and local governments with not-for-profit organizations, vol-
                        unteers and landowners. Such partnerships are essential to certain types of access
                        projects, such as for harbors, recreationways, or greenways. These techniques also
                        engender cooperation among groups thus reducing the potential for conflicts.

                        While public access may sometimes lead to environmental degradation, this need
                        not be the case. Proper stewardship of public lands must be provided, through such
                        actions as the preparation of master plans, controls on the level and type of public
                                                                68








                       cess, appropriate management of resources, regular maintenance of facilities, and
                       appropriate security. Other creative techniques for protection may be utilized. For
                       instance, aIccess accompanied by environmental interpretation can lead to a better
                       understanding and appreciation of the resource and in turn, garner advocates for its
                       preservation and instill responsible behavior.

                       Funding is needed to support rehabilitation of existing infrastructure, provision of
                       additional facilities as appropriate, and stewardship of lands to ensure continued
                       protection of resources and wise public use.

                       Recommendation 2


                               Modify the State CMP policy on water dependent and water enhanced
                               recreation to assure proper protection and maintenance of existing
                               recreation areas.


                       One of the public access policies is to "protect, maintain and increase the levels and
                       types of access to public water-related recreation resources and. facilities..     While
                       the policy on water dependent and water enhanced recreation appropriately calls for
                       su.ch recreation to be "encouraged and facilitated, and ... given priority over non-
                       water-related uses along the coast...", the protection and maintenance of existing
                       water-related recreation is not made explicit. This can be easily remedied through a
                       modification to the wording of this policy.


                       Recommendation 3


                               Greater use of existing authority must be exercised to require physical
                               ,and visual public access in the context of State and local regulatory
                               processes, including consistency determinations.

                       There are a number of regulatory techniques available to increase public access to
                       the waterfront. Localities may establish zoning districts, where appropriate, which
                       prescribe water-related uses to facilitate public access for recreation. Open space
                       and waterfront access may be required through the review and approval of subdivi-
                       sions, site plans and/or special permit approval processes. Design criteria and stan-
                       dards for large planned developments can also ensure provision of waterfront ac-
                       cess. Fees for the acquisition of public access at locations other than that of the
                       planned subdivision may also be required.

                       State authority, too, exists for providing public access in the context of projects de-
                       signed for other purposes. For instance, the State Department of Transportation is
                       authorized to acquire land to provide multi-use areas adjacent to State highways,
                       and to provide recreational, natural and scenic areas along (not necessarily contigu-
                       ous to) State highways. Other public access provisions concern abandoned rail-
                       ways, transmission line rights-of-way, and purchase of access fights on privately
                       owned or leased lands for public recreational use of fish and wildlife resources.



                                                                69








                      All feasible and legal possibilities should be explored for protecting open space and
                      providing additional access as a multiple use in conjunction with development pro-
                      jects. Imaginative proposals for accommodating appropriate types of access and re-
                      lated facilities within development should also be encouraged.

                      Recommendation 4


                              Public access must be enhanced and assured in actions undertaken 11'o
                              protect and manage the natural shoreline.

                      As discussed in Chapter IV, natural forces must be respected in reaching decisions
                      on shoreline protection measures. Public policies should continue to protect the
                      natural beaches and provide access to these shorelines where there is a clear public
                      interest in assuring access and use, and the level of public use is proportionate to the
                      cost. Such considerations as potential loss of major recreational beach attractions
                      may enter into the decision making process regarding whether to invest in protec-
                      tion measures. Where decisions are made.that such an investment is appropriate,
                      the public right to be at the edge of the shoreline has to be increased and assured.
                      This right should be enhanced with improved access projects and support services
                      where the capacity of beaches and operating conditions allow.,































                                                                70








                        CHAPTER VI
                        THE WORKING COAST



                                Economic growth, new investment, entrepreneurship, and job development
                                wid be promoted in water dependent businesses in suitable locations.


                        The working coast is vital to the economic health of New York State.          While pre-
                        cise values are not readily available, the working coast generates billions of dollars
                        for New York State's economy. Over $20 billion annually in direct and indirect
                        onomic activity is produced by New York's commercial fishing' industry, the recrea-
                        tiona'I marine and freshwater fishing industries, coastal agriculture, and the mari-
                        time industry in New York Harbor. This figure does not include the contribution of
                        other water dependent and water-related businesses such as tourism, public utilities,
                        and industries throughout the State that are also the backbone of the coastal econo-
                        my. Tens of thousands of New Yorkers earn their livelihood from coast-based busi-
                        nesses and support services.

                        The working coast is comprised of the State's ports, shipyards and boat service busi-
                        nesses, tug and barge fleets, commercial fishing vessels and their support       services,
                        mariculture and aquaculture facilities, marinas and marina support services, recrea-
                        tional fishing, tourism, water dependent industries, public utilities,  and coastal agri-
                        culture. All these businesses share a common trait -- they require a,location on the
                        shoreline to function or they depend on harvesting living or mineral resources in
                        coastal waters.


                        Since these businesses have. specific requirements for location, it is difficult or im-
                        possible for them to adjust to some of the sweeping changes occurring on New
                        York's waterfront. These changes threaten their competitiveness, and the State's ec-
                        onomic strength. Some of challenges facing water dependent businesses include:
                        competition for space on the waterfront and space on the water, inadequate or dete-
                        riorated coastal infrastructure, impacts of regulation and taxation, degradation of
                        coastal resources, and a lack of public awareness of the business and market needs
                        of the working waterfront.

                        New York State     has a stake in strengthening the working waterfront, but that task
                        must be accomplished within the context of the environmental protection goals ar-
                        ticulated by the Task Force. Economic development and environmental protection
                        are not mutually exclusive goals. In fact, the Task Force believes that with thought-
                        ful and careful management, economic development and natural resource protection
                        can coexist successfully within the coastal area and be mutually supporting. Only
                        through effective maintenance of natural resources will we ensure the long-term
                        strength of water dependent industry.

                        The Management Framework chapter of this report proposes an improved structure
                        for guiding development in New York's coastal areas. The foundations of those rec-

                                                                  71









                      ommendations are the development of regional elements to the State's Coastal Man-
                      agement Program (CMP), designation of areas for concentrated development and
                      environmentally sensitive areas, strengthened Local Waterfront Revitalization Pro-
                      grams (LWRPs), streamlined application and project review procedures, and im-
                      proved baseline information for more effective decision making. By establishing a
                      structure for effective land use decision making, and by involving representatives of
                      water dependent industry in preparation of the regional elements, New York State
                      will be able to protect and enhance our State's economic and natural resources.








                                                                               J

                                                                                    ASA














                      Cruise Ships, New York City


                      A.     Creating an Economic Development Strategy

                      A complex web of social, economic and regulatory factors affects the vitality of the
                      working coast. These factors must be addressed in a comprehensive manner to en-
                      Sure that the working waterfront remains a significant economic force.

                      Competitionfor Waterf@ont Lands

                      One of the primary challenges for water dependent businesses is competition for
                      suitable waterfront land. Waterfront land is a limited commodity. New York's wa-
                      terfront is being rediscovered. Residential developments, new office and retail
                      space, and other non-water dependent uses are locating on the shoreline. Introduc-
                      tion of these new uses into areas where water dependent uses have traditionally lo-
                      cated creates a complex series of events which can weaken neighboring water de-
                      pendent businesses. These new non-water dependent uses change the economic and
                                                              72








                     social dynamics in the area. Often, they command significantly higher economic
                     returns than water dependent uses. As a result, water dependent businesses lose
                     leases, face higher property taxes, and are frequently unable to afford, or to buy at a
                     competitive price, a new site or additional land for expansion.

                     These problems are statewide. In New York City, for example, there are some
                     barge companies operating on leased docks and land which they must vacate on 24
                     hours notice. A condominium project in Nassau County threatened to remove one
                     of the last waterfront sites that was suitable for expansion of its commercial fishing
                     fleet. Commercial fishermen in the Hudson Valley -are losing places to land their
                     catches as more newcomers to the area choose not to continue informal access ar-
                     rangements that have operated for years.

                     Competition for waterfront space also occurs between different types of water de-
                     pendent uses. Commercial fisahermen     - industrial uses, boatyards, and full service
                     marinas are often pushed out of waterfront areas by water dependent recreational
                     uses. This type of displacement occurs throughout the State, but is pervasive on
                     Long Island where demand for marina space is significant. Commerical fishermen
                     are particularly hard hit. In the Village of Greenport, for example, the Village con-
                     structed a public dock for commerical fishermen after it became nearly impossible
                     for them to rent dock space privately. The Village of Freeport may need to follow
                     suit. The number of commerical repair yards in'the Village of Patchogue has de-
                     creased as recreational marinas have expanded in the Patchogue River. These
                     yards, and other working waterfront usesi are of regional economic significance. If
                     ,they are displaced, repair work and jobs are lost to other -states.

                     Coastal agriculture in New York State is a highly productive and important part of
                     the economy. The microclimate created by the coastal water bodies and prime soils
                     of the Hudson River corridor, the Lake Ontario plain, 'and Long Island's East End
                     are ideal for orchards and vineyards. These same characteristics, as well as the
                     open space value of coastal agricultural areas, attract development. As develop-
                     ment encroaches, less land is available for expansion, and nuisance complaints from
                     neighbors may force adjustments in agricultural practices. A basic problem is lack
                     of understanding on the part of municipalities and new rural landowners about the
                     nature of farming.


                     Water Sur
                               ,face Conflicts

                     Water dependent uses must also be able to function unimpeded on the water's sur-
                     face. Growing numbers of boats, both commercial and recreational, create use con-
                     flicts on the water. These conflicts cut across all areas of the State and affect all
                     types of water dependent businesses. Kayaks and small non-motorized boats are
                     travelling in the same areas as large tugs and barges in New York Harbor. Sailbotas
                     and other recreational craft in Long Island Sound cross behind working commerical
                     fishing boats pulling nets, often catching and damaging the nets. In other areas,
                     over water structures are being used for non-water dependent uses. This type of de-
                     velopment, done in an indiscriminate manner, can interfere with public rights in
                     coastal waters and eliminate access to the coast for water dependent uses, such as
                                                              73'









                         fishing and recreational boating. Excessively long docks are another problem.
                         While the docks provide access for boating and fishing, their size and locationcan
                         cause navigation, public access, and resource management problems.

                         Use conflicts are also occurring below the water surface. For example, trawler fish-
                         ermen and lobstermen in Long Island Sound inadvertently interfere with each oth-
                         er's livelihood. The lobstermen locate their underwater pots with buoys. Both the
                         pots and the buoys are often caught in the nets and dredges of passing trawlers.
                         Both groups suffer broken or damaged equipment and lost catches. Shellfish floats
                         for cultivation of clams and oysters present similar problems. They are suspended
                         under the surface of the water and effectively remove that area for use by others.

                         These activities are all mixing in bodies of water without coordination of activities
                         or effective establishment of use priorities and rules. Complicating the matter is
                         that some of the water surface users lack knowledge of local water conditions and
                         rules-of-the-road which increases the hazards of operating vessels.

                         Economic and Regulatory Concerns

                         There are other significant issues that affect the vitality of the working waterfront.
                         They range from tax equity questions and permit processes to deteriorated infra-
                         structure and lack of capital for expansion and modernization. These economic and
                         regulatory issues are treated in detail in the recommendations that follow in sections
                         B and C. While not specifically discussed in this section, these factors are a critical
                         component of the strengthened coastal policies and a coastal economic development
                         strategy called for in recommendations 1, 2, and 3 in this section.

                         Recommendation 1:


                                 Revise the State coastal policies to reflect the business needs of the
                                 maritime industry, the commercial fishing industry, the recreational
                                 boating and fishing industries, tourism, coastal agriculture and
                                 aquaculture.

                         The CMP contains policies which seek to promote water dependent businesses,
                         such as the maritime industry, marinas, commercial fishing, and agriculture.. The
                         policies do not, however, take a strong, proactive approach to supporting the eco-
                         nomic needs of these businesses.


                         The policies should now be revised to identify and preserve those resources (sites,
                         infrastructure, and environmental base) that are necessary to reverse the decline of
                         commercial maritime activity from New York State, strengthen commercial fishing
                         and aquaculture and increase New York's market share, enhance development of
                         tourism, recreational boating and fishing opportunities, and preserve unique coastal
                         agricultural areas. Policy refinement would identify those resources that are critical
                         to water dependent businesses; specify how those resources can be used to retain
                         and increase the current level of economic activity in the State; and strengthen in-
                         centives to ensure the economic viability of water dependent industry.
                                                                  74










                    Recommendation 2:


                            Encourage development of harbor management plans.

                    As a complement to Recommendation 1, development of harbor management plans
                    is essential to address the use conflicts that hamper water dependent businesses op-
                    erating on the water's surface or within the water. State and local government
                    should work together to develop harbor management plans to address waterfront,
                    water surface, underwater land, and water column use. Removing or reducing Sur-
                    face and sub-surface water conflicts, enhancing harbor safety, improving shoreside
                    access, and improving navigation will promote industry stability, and expansion.

                    Harbor management plans would also address jurisdictional probl.        ems, where lack
                    of clarity and gaps have made management and control of surface water use con-
                    flicts difficult. Harbor management plans can clarify existing jurisdictional prob-
                    lems by permitting local governments to plan and manage harbor use, much as they
                    manage and control land use. State standards should be developed to guide devel-
                    opment of harbor management plans and regulations.

                    Recommendation 3:


                            Focus the resources and programs of the public and private sectors to
                            foster growth of water dependent industries.

                    An explicit coastal policy to promote water dependent business is a central compo,-
                    nent in an overall program to enhance economic development in the coastal. area.
                    However, the policy can only be implemented through a comprehensive strategy to
                    direct financial and programmatic resources of governments to support the policy.
                    As resources become available, the strategy should encompass such improvements
                    as directing appropriate financial assistance to water dependent and coastal depen-
                    dent businesses, simplifying permit applications and approvals, developing innova-
                    tive land use tools, opening formal lines of communication between government
                    and the business pommunity to ensure new regulations and laws do not create un-
                    necessary burdens, and creating new financial incentives, while protecting        the re-
                    sources upon which these uses rely.

                    B.      Providing a Conducive Business Environment

                    The regulatory and economic framework within which water dependent businesses
                    operate is critical to their success. In addition to developing strong policies and a
                    strategy to guide economic development along the waterfront, a number of im-
                    provements can be made that will create a business climate in the State that sup-
                    ports working. waterfront uses.,Jn   appropriate locations, for the benefit of all   New
                    Yorkers.







                                                              75









                         Regulation, Taxation, Legal, and Insurance Impacts

                         The working waterfront is affected by federal, State and local regulation and tax
                         policies. One of the most pervasive complaints about the regulatory process is its
                         complexity, lack of centralization, and review periods. The marina industry, in par-
                         ticular, has voiced concerns about the process. Task Forc7e recommendations for
                         permit simplification and consistency improvements, outlined in the Management
                         Framework chapter, will address these concerns.

                         Various business taxes and fuel taxes are levied on the maritime industry. The sales
                         tax on diesel fuel has greatly reduced its sale in New York Harbor. Now, most of -
                         the fuel consumed in the region is purchased in New Jersey and Connecticut. A
                         fuel consumption tax is also levied on fuel used in New York waters. This has prov-
                         en difficult to enforce and administer.


                         Property taxes are another concern for the working waterfront. When an area begins
                         to shift from predominantly water dependent uses, particularly more industrial uses.,
                         to a mix of residential and retail uses, real property taxes tend to increase to reflect
                         the higher value of the non-water dependent uses. This often outstrips the ability of
                         the.working waterfront use to pay based on returns from the business.

                         The federal Oil Pollution, Control Act of 1990 sets strict new regulations and liabili-
                         ty standards for the petroleum tanker and barge industry. This has raised concern
                         about the availability and affordability of insurance. Practices, such as insurance
                         pools and self-insurance, may not provide adequate protection, and insurance com-
                         panies may choose not to provide coverage.

                         The Oil Pollution Control Act has unintentionally raised a liability concern for ves-
                         sels coming to the aid of another vessel during an oil spill. Quick response is essen-
                         tial to preventing or averting a spill, but good samaritans in New York State who as-
                         sist during a spill fear the lack of clarity in the State Navigation Law may make
                         them liable for clean-up costs, along with the vessel that actually spilled the oil.
                         Unlike the Oil Pollution Control Act, there is no explicit good samaritan protection
                         in the Navigation Law for third parties acting under a contingency plan.

                         Within the commercial fishing industry, various regulations, taxes and government
                         programs affect how business is conducted. For example, commercial stocks are
                         protected by regulations on the harvest location, and the size and number of shell-
                         fish taken. Illegal harvesting of undersized shellfish, or of shellfish from uncertified
                         waters, reduces the long-term health of the fishery and creates public image prob-
                         lems for legitimate harvesters. Increased and coordinated enforcement could reduce
                         this problem.

                         Water-dependent uses face the threat of nuisance suits as the area around them con-
                         verts to residential and retail uses. New residents moving into a working waterfront
                         area often find that the waterfront ambiance that first attracted them has another
                         side. Boatyards and other working waterfront uses generate noise, dust, odors, and
                         traffic as part of their normal operations. Although the working waterfront uses are
                         pre-existing activities, they are not safeguarded from legal action seeking to abate
                         the "nuisance".

                                                                   76


























                                                             @Ql
                                   .V-


                                                                   gin",                    `7
                                                                                                         "AM











                                            IL,

                     Pishing trawler, Long Island


                      Business Climate


                      New York City has lost port activity to.New Jersey over the past 30 years with the
                      advent of containerized cargo. Strides are being made to adjust to this change and
                      to capitalize on other strengths by targeting such commodities as coffee and fruit,
                      and building facilities to attract shippers.

                      At the heart of a competitive business environment is effective product and service
                      marketing. New York State's working coast has a wide variety of goods and servic-
                      es to offer, but there must be a concerted effort to market the products and services
                      produced.

                      The commercial fishing industry would profit from increased marketing to existing
                      processors, few of whom rely on New York State fish. While there is little impetus
                      to build processing facilities for New York State fish and seafood, new markets for
                      primary processed product should be found. Expanding export of the many species
                      that are available to New York harvesters can offer, market alternatives. Finally,
                      public confidence in thequality of the fish and seafood on the market is affected by
                      pollution and illness resulting from eating tainted fish. Federal inspection of sea-
                      food, as is now being discussed, would improve public perception abo          ut the fish
                      harvested from coastal waters.


                                                                77









                       Many of the fish species that have potential for increased consumption are those
                       that are unfamiliar. Development of export markets for these species would benefit
                       the industry. Ways to increase public acceptance of mariculture and aquaculture fa-
                       cilities and products should also be part of an overall strategy for the industry.

                       The State's inland waterway system, the canals and interconnecting waterways, of-
                       fers a significant opportunity for coastal tourism and econorilic development. This
                       resource is now being examined by the State Canal Board. Plans are being prepared
                       for promoting development of tourist service nodes along the canal system to attract
                       increased visitors and to spur local economic benefit from the canal.

                       Innovations in passenger and small cargo transport through development of high
                       speed ferries are on the horizon in some areas of New York State. For example,
                       passenger ferries to link Westchester and Rockland Counties with Manhattan are
                       being discussed. These services have the potential to remove traffic from crowded
                       urban streets and reduce pollution. Their initial success will depend on building a
                       clientele.


                       Business Support Research

                       Business remains competitive, in part, by keeping abreast of new technologies and
                       techniques. In the area of new products research, for example, substitutes and new
                       application techniques can help boat repair and maintenance yards comply with reg-
                       ulations that prohibit certain types of marine paints.

                       The competitiveness of particular industries is strengthened when their traditional
                       land and water needs are understood. In New York City, for example, an intensive
                       study of the maritime industry resulted in identifying specific areas that should re-
                       main open and available for tugs, barges, shipyards, and other industrial users.
                       Similar research could be instrumental in reducing the expense and conflicts that
                       arise in siting recreational marinas.

                       Coastal Resources Quality

                       The commercial fishing industry, the agricultural industry, and the tourism industry
                       rely upon a healthy environment. Commercial shellfishing depends on clean, certi-
                       fied waters. Many commercially important species of finfish and shellfish depend
                       on healthy estuaries for spawning and for growth of juveniles. Coastal agriculture
                       needs access to prime soils and water supplies. The tourism industry benefits from
                       waters where swimming, fishing, and other recreation activities are allowed, and the
                       surroundings are scenic.

                       As development encroaches on tidal areas of Long Island's bays and sheltered in-
                       lets, which are ideal for shellfish and finfish, water quality declines, causing reduc-
                       tions in fish and shellfish populations and the closing of beds. On Long Island,
                       thousands of acres of shellfish beds are closed to baymen. In the Peconic Bays,
                       scallop harvests have declined dramatically due to brown tide blooms. Fishery
                       management, alone, will not return stocks to the Bays.
                                                                78









                      Use conflicts arise when communities try to balance the protection of habitats and
                      provide for coastal recreation. The tributaries of the Hudson'River and along the
                      Great Lakes are some of the few places where marinas can be built and sheltered.
                      These same tributaries are, however, of great importance for fish spawning and as
                      habitat for waterbirds.


                      -Finally, overuse of living resources is a concern that affects commercial fishing.
                      The shellfish industry is threatened by overfishing, illegal harvesting from unc:  .erti-
                      fied waters, and illegal harvesting of undersized clams. "ere is significant compe-
                      tition between commercial and recreational fishermen for catches of various high
                      value finfish, and the competition, including harvesters from other states, is expect-
                      ed to increase as fish stocks and access to fisheries decrease. Maintenance of these
                      finfish species for the benefit of both commercial and recreational fishing is essen-
                      tial.  Please refer to Chapter IV, the Natural Coast, for recommendations on
                      strengthening the commercial fishing and shellfishing industries in New York State.

                      Recommendation 1:


                              Amend the Waterfront Revitalization and Coastal Resources Act to
                              provide protection against nuisance suits to water dependent businesses.

                      Water   dependent businesses face the threat of nuisance suits to abate the noise,
                      odors, traffic, or other normal business activities that offend neighboring landown-
                      ers. Legislation is needed to specifically protect pre-existing water dependent busi-
                      nesses from nuisance suits under the State's tort law. This legislation would protect
                      pre-existing water dependent industry from being sued by adjacent property owners
                      in much the same way that Right-to-Farm laws prptect agricultural uses.

                      Individual localities are enacting Right-to-Fish laws, modeled after Right-to-Farm
                      laws, to shield fishermen from neighbor complaints. The Suffolk County Legisla-
                      ture was prompted to pass such a law following a suit brought by owners of new
                      homes against traditional commercial fishermen in the Village of Greenport. Other
                      water dependent industries and areas are not covered by these protective laws, yet
                      they are also at risk.


                      Recommendation 2:


                              Revise Good Samaritan provisions of State law to limit liability of
                              responders to an oil spill emergency who are acting pursuant to a State
                              or vessel-specific oil spill contingency plan.

                      Prompt response to an oil spill   emergency can often mean the difference between
                      minor damage and significant environmental problems. Crews of vessels that are
                      near a ship in distress can serve an important function by assisting to contain the oil
                      in the first moments of a spill. More ship owners are becoming less likely to assist
                      during a spill, however, because of fear that they will be held liable for a portion of
                      the clean-up costs. The federal Oil Pollution Act of 1990 provides limited immunity
                      from liability for removal costs and damages for those persons who respond to as-
                                                               79








                       sist with a marine oil spill. Currently, New York State law does not provide the
                       same amount of protection.


                       Recommendation 3:


                               New York State should work with the Northeast Governor's Conference
                               to explore ways to meet the requirements of the Oil Pollution Act of
                               1990, while ensuring that adequate and affordable insurance is
                               available to petroleum shippers.

                       Pursuant to the Oil Pollution Act of 1990, the U.S. Coast Guard issued draft regula-
                       tions setting forth the requirements for a "Certificate of Financial Responsibility"
                       (COFR) for vessels involved in the petroleum shipments. A COFR must be ob-
                       tained before a company transporting petroleum can purchase insurance. These new
                       regulations also stipulate a direct cause of action against insurance companies for
                       oil spills, including future damages.

                       A significant percentage of the petroleum products used in New York State is trans-
                       ported by water. The potential for increasing insurance costs and fewer insurance
                       policies being offered to cover petroleum shippers could affect the availability of
                       fuel in New York State. The Northeast Governor's Conference is attempting to ad-
                       dress these regional concerns. New York State should offer its expertise in helping
                       to craft a resolution that will meet the standards of the Oil Pollution Act, encourage
                       greater care and responsibility among petroleum transporters, and ensure that re-
                       sponsible transporters can afford and obtain insurance.

                       Recommendation 4:


                               Explore the potential of creating waterfront development districts to
                               offer incentives, including use value assessments to water dependent
                               businesses.


                       Water dependent businesses contend with many of the same land use and tax issues
                       that agricultural uses face. The water dependent businesse@, like farms, may be re-
                       assessed to reflect the new highest-and-best-use despite the fact that the land re-
                       mains dedicated to working waterfront uses. This practice places an unfair hardship
                       on those businesses that want to continue operating, and may contribute to decisions
                       to leave an area or to sell to a non-water dependent use.

                       Farms that become part of an agricultural district under the Agriculture and Markets
                       Law are offered protection from a variety of government actions that inhibit their
                       businesses, -including property taxes that do not reflect the value of the land for
                       farming.

                       Consideration should be given to developing a program similar to the Agricultural
                       Districts Program for areas where there is a critical mass of existing working water-
                       front uses that could benefit.


                                                                80










                     Recommendation 5:


                             Target economic assistance to coastal communities for projects that
                             provide for the retention and expansion of water dependent businesses.

                     There are a wide variety of programs designed and funded to promote economic de-
                     velopment in New York State. These programs include the Regional Economic De-
                     velopment Partnership Program, the Urban and Community Development Program,
                     the Urban Cultural Parks Program, industrial economic development programs of
                     the Urban Development Corporation, and the Job Development Authority, among
                     others. Each of these programs is designed to achieve specific economic develop-
                     ment goals, including job development and strengthening the local or regional econ-
                     omy.


                     The State should target existing economic assistance to coastal communities and
                     businesses that enhance the working waterfront and provide for the retention and
                     expansion of water dependent businesses. Activities eligible for financial assistance
                     mi-ht include: site clearance and preparation of waterfront properties; coastal infra-
                     structure construction, repair, replacement, expansion, and modernization; equip-
                     ment @purchase, repair, retrofitting, and rental; purchase of waterfront sites for the
                     conduct of water dependent businesses; and feasibility and marketing studies.

                     In no instance should the State provide assistance to non-water dependent business-
                     es that result in the displacement or foreclosure of opportunities to locate new or ex-
                     pand existing water dependent businesses.


                     Recommendation 6:


                             Provide planning and feasibility funds to localities through existing
                             State economic development programs for water dependent industrial,
                             commercial revitalization, and tourism projects which advance the
                             regional coastal elements and LWRPs.

                     Providing funds for planning and feasibility studies to local government is central to
                     effective implementation of the economic development proposals of both the coast-
                     al regional elements and the LWRPs. Local govbmments, through land use powers,
                     taxation and infrastructure bonding capabilities, can affect important economic de-
                     velopment projects. Giving local government the information it needs to make ap-
                     propriate and informed decisions will strengthen the State's overall coastal develop-
                     ment and resource protection goals. State economic development programs should
                     be gradually funded at adequate levels to support this type of activity.








                                                               81










                        Recommendation 7:


                                Encourage redevelopment of economically distressed waterfront areas
                                through community involvement in the Economic Development Zone
                                program.


                        Economic Development Zones (EDZs) are created to foster development of new
                        and expanded businesses and increased employment in depressed areas. Through
                        the EDZ, communities are able to focus State economic development assistance
                        programs, tax incentives, and other special tools to attract and keep business. Coast-
                        al communities should be encouraged to compete for the designation of Economic
                        Development Zones for their economically distressed waterfront areas. EDZs could
                        benefit depressed working waterfront businesses, and help meet the objective of
                        strengthening the economies of coastal areas.


                        Recommendation 8:


                                Encourage private sector investment in and operation of waterborne
                                transportation businesses to transport cargo, commuters,- tourists, and
                                recreational users.


                        Increasing waterbome transportation of goods and people offers benefits ranging
                        from new jobs to reduced pollution and traffic congestion. To promote waterborne
                        transportation, the State should explore the feasibility of using tax incentives, such
                        as tax exemptions on purchases of waterborne transport vessels and related equip-
                        ment for vessel operation, for public and private sector investors and operators of
                        waterborne transportation businesses and programs. Other actions may include fi-
                        nancial assistance for site improvements, project feasibility analysis, construction,
                        and marketing.

                        A study should be un  dertaken to review the possibility of using water transportation
                        and high-speed ferries in areas surrounding and including New York City. The
                        study would examine the potential passenger and freight application of waterway
                        transportation for Long Island Sound, the Hudson Valley, and the Staten Island to
                        midtown Manhattan corridor.


                        Recommendation 9:


                                Provide a forum for the participation of representatives of water
                                dependent businesses to discuss with State agencies new State
                                legislation, regulations, and programs that may affect the economic
                                strength of the businesses and/or their ability to remain in New York
                                State.


                        New laws and regulations can have the unintended affect of stifling business, con-
                        tributing to a decreasing competitiveness, or contributing to a business moving out
                        of the State. While there are procedures for gaining public comment during the de-
                        velopment of new laws and regulations, a forum in which government agencies and
                                                                 82








                     representatives of the water dependent industry could discuss legislative and regula-
                     tory proposals would be beneficial. Such forums could be used to identify propo-
                     sals which do not adequately recognize the day-to-day realities of operating a water
                     dependent business.


                     Recommendation 10:


                            Continue close coordination with the New York State Canal Board and
                            other efforts to promote tourism on these inland waterways.

                     New York State is fortunate to have developed a 500 mile system of inland water-
                     ways which connect major urban centers to scenic coastal and inland resource areas.
                     These canals also provide historic transportation routes for the efficient movement
                     of bulk cargo, travel by pleasure craft, and linking of shoreline recreation and open
                     space systems. The State Canal Board's work to develop a tourism plan for the ca-
                     nal system is essential for full development of this resource. Coordination with Ca-
                     nadian authorities and adjoining states along the marine shorelines, the Great Lakes,
                     the scenic Niagara Gorge, the St. Lawrence River, Lake Champlain and the Canadi-
                     an Canal system can also be advantageous to the entire northeast tourism, econom-
                     ic, and environmental improvement effort.



                                                                                                   AI
























                     Red Hook Container Terminal, Brooklyn, New York      Har6or

                                                            83








                        C.     Strengthening' Coastal Infrastructure

                        Water dependent industry depends upon adequate infrastructure to function effi-
                        ciently. Docks, piers, cargo sheds, bulkheads, berthing space, navigation channels
                        maintained through dredging, and rail links are all critical to the full realization of
                        the State's economic potential on the waterfront.

                        A problem facing many water dependent businesses is the cost of constructing,
                        maintaining and repairing deteriorated and outmoded waterfront infrastructure and
                        carrying out maintenance dredging. Complicating this problem is that many of the
                        sites used by the working waterfront are leased. Investment of large sums to repair
                        bulkheads and other structures often cannot be made without the assurance of a long
                        term lease.


                        Commercial fishermen on Long Island encounter a number of infrastructure prob-
                        lems that affect their livelihood, including inadequate dock space, lack of gear stor-
                        age space, lack of space to pack out catches on docks, lack of sufficient processors
                        dockside to receive fish, lack of commercially-priced fuel and service yards, and
                        minimal availability of ice and refrigeration. To address these problems, fishermen
                        at Shinnecock and at Lake Montauk formed a cooperative to jointly fund some im-
                        provements. Where there are no cooperatives, some local governments have built
                        public docks for fishermen, but there are often conditions relating to hours of opera-
                        tion, odor control, and length of stay that make it difficult to do business.

                        The commercial shellfishing and mariculture industries share these problems with
                        the finfishermen, but have additional infrastructure needs. As shellfish harvesting
                        areas are closed, depuration facilities may need to be considered to maintain the
                        livelihood of commercial harvesters and a New York presence in the marketplace.
                        Mariculture, or the commercial development of finfish and shellfish from juveniles
                        to harvestable size, requires both in-water grow-out space, as well as such shore-
                        front facilities as nurseries for the juveniles.

                        Fish processing is also an important segment of the commercial fishing industry.
                        Fish processing facilities in the State, which create added value for New York's fish
                        exports, must provide pollution control equipment to handle their waste stream. Fi-
                        nancial or technical assistance is sometimes needed to improve pollution control.

                        In other parts of the State, the infrastructure needs are tied more to providing space
                        and access for recreational users (see Chapter V, section Q. In siting new public
                        facilities, however, it is important that consideration be given to the strength of the
                        market in the area so public investment can complement and not compete with pri-
                        vate investment for similar facilities. The need to provide harbors of refuge on the
                        Great Lakes can require construction of breakwaters, dredging, bulkheads, and
                        docks. Other needs on the Great Lakes are related to salmonid fishing.

                        Within the Port of New York/New Jersey, while great strides have been made by
                        the public sector to upgrade cargo sheds, piers, and bulkheads, and to maintain
                        dredged depths, much remains to be done to restore and modernize shoreside infra-
                        structure.

                                                                 84









                      Recommendation 1:


                             Assist in the purchase, construction, or repair of necessary waterfront
                             infrastructure and equipment to support water dependent businesses.

                      Waterfront infrastructure is essential to achieving the full economic potential of the
                      State's working coast, yet the cost of these improvements can exceed the ability of
                      small firms and independent operators to construct new facilities, to modernize, or
                      to do simple repairs. Local government also develops and maintains waterfront in-
                      frastructure for water dependent business. The cost and regional benefits of these fa-
                      cilities makes the need for State assistance evident.

                      Increasing access of both private and public interests to existing State programs or
                      creating new programs specifically directed at improvements to waterfront infra-
                      structure and equipment will address a major problem that confronts water depen-
                      dent businesses that are trying to remain competitive or to expand their activities,
                      thereby creating new jobs for New Yorkers.

                      Recommendation 2:


                             Construct public docks or improve existing docks at strategic locations
                             to accommodate the needs of private sector and non-profit operators.

                      The maritime industry, commercial fishing industry, and the recreation industry can
                      all benefit from improved dock facilities in critical areas where location and site
                      conditions are best suited to the needs of the water dependent uses. Public initia-
                      tives to provide these facilities are often the only way that specific needs can be
                      met. Care should be taken, however, to ensure that public action does not under-
                      mine existing private services and businesses, and that sufficient revenue is derived
                      from rental of thespace to maintain the structure.

                      Recommendation 3:


                             Maintain and improve commercial port facilities through continued
                             upgrading of on-shore infrastructure; dredging of channels to maintain
                             navigation; exploring commercial opportunities for use of dredge
                             material and off-shore deposits for commercial sand, gravel, and
                             crushed stone where a public use of the material is not feasible; and
                             strengthening marketing for ports and various services provided by
                             private industry within the ports.

                      Maintaining port facilities is crucial to keeping New York State in the forefront of
                      global commerce. The State, in cooperation with the federal government, port au-
                      thorities, and affected local governments, should vigorously pursue programs to up-
                      grade basic infrastructure.




                                                              85










                      Recommendation 4:


                              Improve the connection of commercial port facilities with major rail
                              and highway transportation corridors.

                      Improved land-sea connections will enhance the competitiveness of the State's com-
                      mercial ports. Capitalizing on existing rail and highway infrastructure will enhance
                      opportunities for immediate action to reduce congestion and air pollution by more
                      efficient movement of goods. Over the long term, the State should cooperate with
                      other involved public and private entitites to explore improved land-sea connec-
                      tions, new routes, and new technologies for port areas.

                      An added goal of this recommendation is the construction of additional rail lines to
                      link New York City and Long Island to the rest of the nation. New rail operations
                      will provide for modern transportation of commercial goods and freight. Improve-
                      ments in the rail system will also reduce wear-and-tear on the highway infrastruc-
                      ture and will relieve traffic congestion and air pollution. Most importantly, efficient
                      rail transport will decrease costs and increase opportunities for industry in New
                      York City.

                      The Transit Authority has proposed to construct additional East River crossings be-
                      tween lower Manhattan and Brooklyn. These crossings should be evaluated as ef-
                      fective means of reducing congestion and moving people and cargo more efficiently
                      within New York City.


























                                                                86








                     CHAPTER VII
                     THE REDEVELOPING COAST



                             Suitable redevelopment of deteriorated, abandoned, and underutilized
                             sections of New York's coast will create new opportunitiesfor jobs, housing,
                             recreation, and commerce, and improve the environmental and visual
                             quality of the waterfront.


                     For over 300 years, settlement in New York has resulted in continuous alteration of
                     New York's coast. Cities were built, wharves and piers stretched into coastal waters
                     to receive cargo, wetlands were filled to create additional upland, and mineral de-
                     posits were extracted. Some coastal lands became a repository for construction and
                     industrial waste.


                     The development history along New York's shoreline shows a strong trend toward
                     concentration. Urban centers have grown around waterways and unique resources.
                     The intensity of development varies markedly around the State, from Manhattan's
                     shoreline to small hamlets along the Hudson River and the Great Lakes..

                     Changes in technology and business, and the growth of suburban areas following
                     World War 11, have altered the face of established waterfront centers. Activity
                     along many waterfronts has decreased with the exodus of people and business from
                     older urban areas. This has left significant areas of the coast abandoned, derelict,
                     and underutilized. Poor infrastructure, outdated industrial buildings, and lack of
                     capital have combined to make revitalization difficult.

                     The lost economic potential of older urban waterfronts places increasing develop-
                     ment pressure on the open coastal landscape as developers seek new locations on
                     the waterfront. Focusing public and private development on areas of existing devel-
                     opment is central to relieving development pressure on and maintaining diverse
                     open and natural areas along New York's coast. The failure.to reclaim older water-
                     fronts and to concentrate development diminishes the value of the coast for all New
                     Yorkers.

                     A.      Targeting Revitalization and Concentrating Development

                     Redevelopment of once vibrant waterfront areas is one of the most effective means
                     to encourage economic growth, without consuming waterfront land that may have
                     greater ecological value. Redevelopment recaptures. past public and private invest-
                     ment and strengthens the fabric of coastal communities.





                                                             87












                                                         41
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                       Buffalo waterfront, Lake Erie


                       Selection of Development Areas

                       New York's coast is facing significant challenges regarding the allocation of its eco-
                       nomic and natural resources. Every year, more people are turning to the coast for
                       new homesites, recreation, and jobs. At the same time, sections of urban coasts are
                       virtual ghost towns. In the Hudson River Valley, sections of urban waterfronts in
                       places like Newburgh, Beacon and Poughkeepsie stand vacant, while thousands of
                       new building permits are being issued in more pristine areas. Development on
                       Long Island is expanding population east into coastal agricultural lands. In the St.
                       Lawrence River area, the expansion of Fort Drum is expected to bring over 14,000
                       new people into quiet coastal communities.

                       Without careful planning the finite resources of the coast cannot continue to absorb
                       these new uses and still meet the needs of future generations for open space, clean
                       water, agricultural land, and wildlife habitats. Clear priorities, based on a compre-
                       hensive evaluation of resources and development needs, must be set to ensure a bal-
                       anced and wise use of coastal resources.


                       One of the primary principles embodied in Chapter III of this report is the creation
                       of regional elements of the State Coastal Management Program (CMP). These re-
                       gional elements will define sensitive areas for environmental protection, and areas
                       where development is appropriate and should be concentrated.
                                                                88









                      A logical starting point for the identification of development areas is to focus on ex-
                      isting urban waterfronts, and those other areas in or near, urban waterfronts dis-
                      turbed by past development. These areas, because of their past disturbances,
                      present fewer concerns, than intrusions into pristine areas. Indeed, redevelopment
                      often offers the opportunity to restore some measure of environmental integrity and
                      improve the visual and functional quality of the abandoned area.

                      Approximately 70% of our population presently lives in coastal areas. Demand for
                      housing and other services in coastal areas will continue to grow. It is critical that
                      this growth be channeled to appropriate locations. Focusing development and rede-
                      velopment in and around existing centers offers many benefits. Since services such
                      as sewer, water, transportation systems, police and fire may be, more available, ex-
                      isting public investments can be used more efficiently or often provided at a lower
                      cost per unit than entirely new services in other areas. Concentration of develop-
                      ment in existing centers can serve as a catalyst for rejuvenation of declining neigh-
                      borhoods and central business districts, thereby strengthening the community and
                      the region. Provision of housing in areas served by mass transit reinforces these
                      systems, lessens traffic congestion, and offers a better alternative to suburban
                      sprawl. The reinforcement of existing population centers will help make them bet-
                      ter functioning communities and thus enhance their desirability as places to live and
                      work.


                      Activity Centers

                      One obstacle that must be overcome before deteriorated parts of the coast can be re-
                      claimed is the lack of purpose or focus that pervades abandoned urban waterfronts.
                      Their original function may have long since disappeared or may have diminished to
                      the point of insignificance. To create a viable new identity for these areas, there
                      must be a well-planned and thoughtful effort to define the new character of the area
                      to meet the needs and desires of the community, and to incorporate an understand-
                      ing of regional realities. This can assure that revitalization efforts serve the commu-
                      nity's interest.

                      The Horizons Waterfront Commission, operating in Erie County, has developed the
                      concept of activity centers within existing communities to concentrate development
                      along its 90 mile shoreline. The diversity of the Erie County communities means
                      the activity centers differ in scale and purpose, according to their setting, their natu-
                      ral and man-made characteristics, and the demands of the regional marketplace.
                      Their general purpose is to create focal points to attract people to the coast.

                      Integration of Upland and Waterfront Areas

                      When redevelopment of waterfront areas is contemplated, one of the important con-
                      siderations must be how the redevelopment will be integrated into the surrounding
                      community. Many older waterfronts have been cut off from the communities, first
                      because they were generally industrial areas, and then because their derelict state
                      made them unwelcoming. Redevelopment of waterfront -areas should offer a com-
                      munity the opportunity to expand the public's use of the shoreline while increasing
                                                                89









                        economic opportunity. Development in abandoned waterfront areas is often diffi-
                        cult. These sites are often located in isolated, derelict areas where people may not
                        feel safe. While these needs for security must be responded to, it is important that
                        development at the waterfront be integrated with the rest of. the community. This is
                        the only way to be certain that the overall fabric of the community is strengthened.

                        Redevelopment efforts should not only create an attractive new setting on the water-
                        front, where the public can reach the water's edge, they should also create links to
                        the inland neighborhoods. There have been several successful planning efforts that
                        illustrate this concept, from Buffalo to Sunset Park in Brooklyn. A greenway trail
                        system in Buffalo will link inland neighborhoods to the new redeveloped waterfront
                        areas. In Sunset Park, design solutions have been proposed to create visual links to
                        the waterfront thr@ugh an industrial area.

                        Recommendation 1:


                               Based on the regional elements, designated areas for concentrated
                               development should serve as focal points for State and local investment.

                        The regional elements, described in Chapter 111, are the foundation for promoting
                        resource protection, as well as appropriate development and redevelopment of the
                        State's urban waterfronts. The regional elements will define areas of concentrated
                        development where redevelopment efforts would be focused. These areas are those
                        where infrastructure, transportation facilities, public services, topography, geology
                        and other environmental conditions are suitable for and able to accommodate devel-
                        opment. Rather than promoting development in areas which are still relatively un-
                        spoiled, the areas of concentrated development would encourage orderly growth.

                        Focusing development on such areas also allows the State and local government to
                        strengthen existing residential, commercial, and industrial centers along the coast.
                        Rather than continuing to draw resources and people from older developed centers
                        through dispersed new development, resources can be concentrated to serve a great-
                        er number of people. Infusions of public money through selective targeting of in-
                        vestment can lead to increased private investment in blighted or underutilized wa-
                        terfront areas.


                        A comprehensive redevelopment program could encompass a range of uses to pro-
                        vide not only jobs, but also recreation and housing. New life and activity could be
                        generated in the redevelopment areas. As redevelopment is encouraged and blight-
                        ed areas reclaimed, the entire community benefits because physical and visual con-
                        ditions on the waterfront improve. The waterfront begins to be reintegrated with
                        the surrounding community, and new opportunities for connecting people to their
                        waterfronts are created.


                        The areas of concentrated develop  ment can also serve as springboards for creation
                        of special developments that meet regional needs. For example, certain parts of the
                        coast, because of unique circumstances, may be able to provide new or increased
                        recreation opportunities or serve as a regional center for maritime, uses. The refine-
                                                                90








                     ments brought by the designation of areas of concentrated development would al-
                     low the State and communities to identify more clearly the special regional niches
                     that they might fill. By capitalizing on an area's unique qualities, more efficient de-
                     velopment decisions can be made.

                     Recommendation 2:


                             Target and set priorities for State investment to foster suitable uses and
                             activities within areas of concentrated development, and encourage
                             cooperative ventures with local governments to achieve these priorities.

                     Designation of the areas of concentrated development is only one part of a compre-
                     hensive strategy to foster suitable redevelopment within coastal areas. An equally
                     important component is targeting State investment to support activities in these are-
                     as.


                     There are existing State financial assistance and infrastructure development funds
                     available that can be used. These public dollars are, however, becoming more
                     scarce at.a time when the need to reclaim abandoned waterfronts for new develop-
                     ment is becoming more critical. As a result, funds that are available must be strate-
                     gically applied and priorities for investment must be set within various regions and
                     statewide. The regional elements and the areas of concentrated development are an.
                     ideal vehicle for setting such priorities.

                     B. Creating an Environmentfor Redevelopment

                     Development decisions are influenced by a complicated array of factors including
                     social trends and preferences, availability and affordability of land, economic and
                     regulatory concerns, and evolving public policy. Any successful strategy must ad-
                     dress these factors.


                     Regulations

                     Land use activities, including redevelopment, occur within a framework of laws and
                     regulations. Although there are important federal and State laws that affect devel-
                     opment on the coast -- including the Clean Water Act, the State Environmental
                     Quality Review Act, the Waterfront Revitalization and Coastal Resources Act, and
                     environmental laws covering a wide range of resources -- local governments play
                     the most critical role in land use decisions.


                     Municipalities in New York State hold the power to zone land for various 'uses.
                     Zoning laws vary widely in detail and scope. Some ordinances used today were
                     written twenty-five years ago, and have not been updated to contain adequate con-
                     trols on new types of uses or to take advantage of new land use control techniques.
                     Other ordinances do not anticipate or provide for the type of mixed use develop-
                     ment that is occurring along redeveloping waterfronts. As a result, many communi-
                     ties are unable to either protect their waterfront interests or to take advantage of
                     creative new development ideas that could add new life to their waterfronts.
                                                              91









                       Since zoning is administered by local government, each ordinance stands on its own
                       to address the needs of an individual community. Issues of regional significance
                       may not be represented fully by individual ordinances even though other communi-
                       ties may be affected. Although the General Municipal Law provides for county re-
                       view of certain actions adjacent to municipal boundaries, there is currently no
                       mechanism to address intermunicipal impacts.

                       In addition, environmental reviews are conducted on a wide variety of development
                       applications. The level and detail of review differ according to the complexity of
                       the project and the site involved. For larger projects, for projects in areas with spe-
                       cial natural or man-made resources, or for projects on sites with hazardous wastes,
                       environmental review often entails preparation of an environmental impact state-
                       ment.


                       Land Assembly and Site Preparation

                       Before an area can be reclaimed for new waterfront uses, developers must gain con-
                       trol of the site, either through purchase or by long term lease. Certain landowner-
                       ship patterns along the waterfront can complicate and hinder reuse. In many in-
                       stances, waterfront areas are broken into a number of small parcels with ownership
                       held by different individuals or corporations. Negotiating with all these parties to
                       assemble a suitable site can be lengthy, and may not be successful. In other instanc-
                       es, large tracts may be held by a relatively few number of owners who may have
                       purchased the site for speculative purposes, and may not be willing to sell for need-
                       ed redevelopment.

                       Site preparation can hold unpleasant surprises in older industrial and urban water-
                       fronts. Toxics, buried industrial equipment, and existing structures can all contrib-
                       ute to unanticipated development costs and delays.

                       In some instances, older structures on the sites can be adaptively reused, and add
                       character to a reclaimed waterfront. However, in many cases, the existing structures
                       are too deteriorated or too unsuited for reuse and must be removed. In the City of
                       Lackawanna, for example, over 1,400 acres of waterfront land became available
                       when Bethlehem Steel closed its plant. With few exceptions, most of the buildings
                       on the site were immense industrial structures that had no practical value for reuse.
                       Dismantling these buildings has been an expensive undertaking, and it is anticipated
                       that the entire site will not be cleared for another ten years.

                       The City of Tonawanda is working to redevelop an industrial site at the confluence
                       of the Erie Canal and the Niagara River. During site preparation, the developer
                       found buried machinery foundations, heavily reinforced with steel, that have proven
                       difficult to remove. As a result, part of the site remains vacant.

                       The presence of toxics in unknown quantities along many derelict waterfront sites
                       has also impeded redevelopment. Not only the expense of removal but future liabil-
                       ity make reuse of some strategic sites questionable.


                                                                92









                      Marketability

                      Reclamation of sites for a mix of new uses will not be a successful cornerstone of
                      waterfront revitalization unless adequate market analysis has been done to deter-
                      mine what the community and the region can support. Misreading the demand may
                      prevent waterfront development from reaching its full potential and contribute to
                      the sense of hopelessness about a community's waterfront.

                      Marketability of a site is also affected by the surrounding land uses. A site may of-
                      fer spectacular water views, but be located in an isolated, derelict area where people
                      may not feel safe. Introduction of new uses into industrial areas poses problems, not
                      only for the new development but also for pre-existing water-dependent uses. In
                      one Great Lakes community, a heavy industrial processor creates odors and soot
                      that affect the area around its plant. In other areas, maritime uses and commercial
                      fishing occupy waterfront areas, producing noises and odors. These operating in-
                      dustrial and maritime uses must be taken into consideration when redevelopment of
                      residential. uses, in particular, is considered. On the other hand, residential uses can
                      be an appropriate part of mixed-use developments, particularly where they will rein-
                      force existing mass transportation corridors and provide the critical mass to support
                      commercial developments that serve a broader base in the community.


                      Recommendation 1:


                              Provide technical assistance to local government to update and
                              strengthen their land use regulations.

                      Many communities in New York State have been land use innovators, creating new
                      techniques to control the negative impacts of development and to promote mixes of
                      uses that will enliven their waterfronts. Other communities, due to the lack of staff
                      and the cost of consultants, are unable to improve their land use regulations and oth-
                      er tools to allow them to take advantage of new opportunities. Preparation of Local
                      Waterfront Revitalization Programs (LWRPs) has offered an opportunity to develop
                      new land use standards and tools to encourage waterfront revitalization, but greater
                      attention is needed. A program of specialized technical assistance, both information
                      dissemination and direct assistance in preparation of new zoning regulations, would
                      help communities with LWRPs spur redevelopment of their waterfronts. In Chapter
                      111, a variety of recommendations are proposed to increase local government's abili-
                      ty to manage waterfront areas.


                      Recommendation 2:


                              Within areas of concentrated development, prepare master inventories
                              and assessments of basic environmental, economic, infrastructure,
                              social, and other data to serve   as a basis for site specific environmental
                              impact statements.

                      Preparation of environmental impact statements (EIS) is an important safeguard for
                      environmental quality and for public input into coastal development. EIS prepara-
                                                                93









                     tion can be complex and expensive, and much of that cost is associated with gather-
                     ing and interpreting a wide range of environmental and other basic data about a site.
                     To promote more cost-effective and efficient redevelopment of designated areas of
                     concent *rated development, master inventories should be prepared to provide de-
                     tailed information and analyses.

                     The developer would use this data for his or her particular site, so that more re-
                     sources will be available for needed planning, design, and mitigation work. The
                     public cost of this work could be recouped when an area of concentrated develop-
                     ment is redeveloped by apportioning the cost of the inventory among the involved
                     developers. The added benefit of this approach is that the public agencies would
                     develop a detailed knowledge of the characteristics of the site, rather than relying
                     on data generated by the developer. The increased understanding gained could be
                     used to guide public investments such as toxic remediation or infrastructure im-
                     provements. As an additional benefit, this work could also supplement the develop-
                     ment of a GIS, as recommended in Chapter 11.


                     Recommendation 3:


                             Encourage municipalities to use the full range of authority granted to
                             them by the General Municipal Law and other provisions of State law
                             to assemble land and promote comprehensive redevelopment of
                             designated areas.

                     State law authorizes communities to establish plans for the renewal of designated
                     deteriorated areas within their municipal boundaries. Powers to assemble land, to
                     bond, to obtain State grants, and to set exemptions from property or income taxes
                     are available to local governme   nt to promote redevelopment of waterfront areas.
                     Communities should be encouraged to explore the full range of their authority.
                     This might include designating redevelopment areas as receiving zones for transfer
                     of development rights programs, tax increment financing programs, and other tools.
                     To this end, when areas of concentrated development are designated, technical as-
                     sistance to communities with LWR_Ps should include discussion of General Munici-
                     pal Law powers.


                     Recommendation 4:


                             Within designated areas of concentrated development, conduct
                             marketing and feasibility studies to determine the most appropriate
                             mix of uses.

                     Detailed market and feasibility studies will be essential in the redevelopment of old-
                     er urban waterfronts. The interaction of many economic and social forces that de-
                     termines the success of any development is even more complicated in these areas.
                     The success of a project can rest on the accuracy of the economic and market data
                     used as a foundation for development decisions. Consequently, funding through ex-
                     isting economic development programs should be made available to communities
                     with LWRPs and to private developers working within areas of concentrated devel-
                     opment for marketing and feasibility studies.
                                                              94







                        C. Fostering Continued Revitalization

                        Revitalizing New York's waterfront communities is a process that will evolve and
                        grow over time. A concerted, long-term effort is required to fuel continuing public
                        and private commitment to creating new life in abandoned and underutilized coastal
                        areas. Public expenditures will be coordinated for infrastructure improvements and
                        for public/private financial partnerships. It will also include regional and local ef-
                        forts to build and maintain a sense of public pride in and excitement about the po-
                        tential of urban waterfronts.


                        Infrastructure Improvements

                        Infrastructure -- sewer, water, roads, electricity, mass transit, bulkheads, and piers --
                        is the foundation for redevelopment of urban waterfronts. While some of these ser-'
                        vices are available, they are often deteriorated, undersized, or otherwise unsuitable
                        for the new uses that are proposed. Without adequaie sewer or road access, a.devel-
                        opment cannot be approved or marketed, but replacing or upgrading infrastructure
                        can be the deciding factor in whether or not a project proceeds.

                        PubliclPrivate Partnerships

                        Since the cost of redeveloping urban waterfronts can exceed the cost of developing
                        raw land, and because of greater economic risks, there is an important role that gov-
                        ernments must play in providing financial assistance to promote development with-
                        in the areas of concentrated development. There are a number of State financial
                        programs that are currently available through the Department of Economic Devel-
                        opment, the Urban Development Corporation, through various public authorities,
                        and at the local level that can be directed toward this end. It is important to note,
                        however, that government involvement must be as a partner and as a facilitator, not
                        as the sole actor.


                        Other incentives such as tax abatements, property tax adjustments, credits, and bo-
                        nuses can also be provided to create a hospitable economic environment for private
                        development on the waterfront.


                        Recommendation 1:


                                Provide financial assistance for the construction, repair, or upgrading
                                of necessary waterfront infrastructure to support redevelopment within
                                the areas of concentrated development.

                        Safe and adequate infrastnucture is necessary to support redevelopment of water-
                        front areas. When areas of concentrated development are designated, the infrastruc-
                        ture needs of the area should be evaluated and access to existing State assistance
                        programs should be increased for both public and private sector infrastructure im-
                        provement projects.



                                                                  95










                      Recommendation 2:


                             Target major State road, rail, water quality, and mass transit
                             investment to support priorities set by the regional elements ror areas of
                             concentrated development.

                      Where there are existing State and federal programs to support development of ma-
                      jor infrastructure projects, emphasis should be given to projects that support con-
                      centrated redevelopment efforts. Such infrastructure improvements are currently
                      being discussed for New York City, and the Task Force encourages investment of
                      this nature when funding becomes available.

                      Recommendation 3:


                             Provide planning, feasibility, and project funds to local governments
                             and to private developers through existing State economic development
                             programs to advance the regional elements and the priorities set for
                             areas of concentrated development.

                      Use of existing funds for planning, feasibility studies, and project construction
                      should be promoted to advance projects within areas of concentrated development.
                      There are several ongoing economic development programs that could benefit rede-
                      velopment areas. The improved information available to local governments with
                      LWRPs and to developers through these studies will ensure that appropriate and in-
                      formed decisions are made.
































                                                             96








                     CHAPTER VIII
                     COMMITTING TO THE FUTURE OF THE COAST


                     In this report, the Governor's Task Force on Coastal Resources has set forth its pro-
                     posals to protect, restore and enhance New York's coastal areas, now and for the fu-
                     ture. Despite the compelling need for the adoption of these proposals, the Task
                     Force recognizes it is neither possible nor desirable to implement its recommenda-
                     tions all at once. For this reason, the Task Force proposes implementation of most
                     of the recommendations over a three-year period. Other recommendations should
                     be adopted after 1995 and beyond.

                     The Task Force urges that some additional expenditures be made as early as possi-
                     ble to ensure that our coastal resources remain vibrant for future generations. These
                     expenditures would be paid for by the Environmental Infrastructure Fund as de-
                     scribed below. Specific coastal projects should eventually receive a minimum of
                     $3-5 million each year from the EIF.

                     The Task Force estimates that the recommendations which require additional Gen-
                     eral Fund monies will eventually cost approximately $2-3 million in additional ex-
                     penditures each year, when funds are available. Non-ElF capital expenditures will
                     be needed in future years. The demand may be in the tens of millions of dollars
                     over many years. The source of these funds will be identified in consultation with
                     those who will benefit, including the maritime industry.

                     In response to the firm opposition expressed during the public hearing process, the
                     Task Force has not recommended additional taxes and fees on marinas and recrea-
                     tional boaters.

                     A.      Implementation Strategy

                     At the end of this chapter are charts which display the specific implementation strat-
                     egy for each of the Task Force's recommendations. The charts indicate when each-
                     Task Force initiative would begin. Initiatives will continue over a number of years
                     as appropriate. While this outline reflects our goals, we recognize that some chang-
                     es in the strategy may become necessary.

                     For each recommendation, the charts provide the following information:


                     Recommendation


                             Reference -- Each recommendation is given a notation showing where in
                             the report the recommendation is fully discussed. For example: 11 D 3 refers
                             to Chapter 11, Section D, Recommendation 3.

                             Description -- A brief phrase is used to describe the recommendation.


                                                              97









                        Funding

                                Existine Funds: Many of the recommendations can be implemented using
                                existing financial and staffing resources. The Task Force endorses immedi-
                                ate action on these items.

                                General Fund: Some recommendations will require only a modest increase
                                in expenditure. For the most part, implementation will mean small increases
                                in local assistance and state operations. These recommendations should be
                                implemented gradually, over several years, as funding becomes available.

                                Saltwater Fishing Licens : The Task Force recommends the establishment
                                of a saltwater recreational fishing license. Its revenues would be used to pay
                                for protection and restoration of marine fisheries. This will also increase
                                federal funds coming to the State.

                                Callital Funds: The recommendations include capital projects that would
                                not be considered environmental. Major highway, rail and other infrastruc-
                                ture projects are recommended, for example. Many of these projects have
                                also been recommended by other groups and some are already underway.
                                The Task Force urges that a long-term strategy for these projects be devel-
                                oped, and that funding be provided as available.

                                Environmental Infrastructure Fund (EIF): Capital funds are needed to
                                protect and restore coastal water quality, wetlands and habitats. Particularly
                                in densely populated urban and suburban areas of the State, these resources
                                need active protection before their benefits are lost.

                                Federal Funds: Some recommendations can be implemented with addition-
                                al funding from federal sources.

                        Legislation Required

                        The Task Force recommends that several pieces of legislation be introduced in the
                        1992 New York State Legislative Session to assure that our visions are realized.
                        For example, new legislation will be required to: establish the Environmental Infra-
                        structure Fund, strengthen the consistency review process, strengthen water quality
                        protection programs, enhance protection of wetlands and habitats, create a saltwater
                        fishing license requirement, create harbor management plans, and provide assis-
                        tance to water-dependent industries. The implementation charts that follow show
                        which recommendations require legislation.

                        B.      Environmental Infrastructure Fund

                        The Governor's Task Force on Coastal Resources strongly urges the State Legisla-
                        ture to approve the creation of an Environmental Infrastructure Fund (EIF) to pay
                        for urgently needed capital projects to protect and restore the environment.
                        Through a variety of revenue sources including a fee on tires and a container tax,
                                                                 98









                    the EIF can garner several hundred million dollars each year to help New York pro-
                    tect its natural resources. Major provisions of the EIF will benefit coastal resources
                    and New Yorkers in coastal areas. Sewage treatment plant construction and upgrad-
                    ing will dramatically improve the quality of our water. Recycling programs will re-
                    duce the amount of waste in our waterways. Historic preservation projects will en-
                    hance cultural resources, many of which are found in our coastal areas. Land
                    acquisition will ensure the protection of open space and coastal habitats, particular-
                    ly in densely populated coastal areas. New York's contribution to the Great Lakes
                    Protection Fund will mean greater improvements in our magnificent lakes.

                    In addition to these provisions, the Task Force proposes that a portion of revenue
                    approximately three to five million dollars -- be made available to support the capi-
                    tal projects proposed in this report that are not part of the broader EIF proposal.
                    These funds should be phased in over several years and would be used by DEC and
                    DOS for a variety of projects, such as preparation and refinement of Local Water-
                    front Revitalization Programs, harbor management plans, and additional water qual-
                    ity improvements. Implementation of these projects will lead to a stronger, more
                    positive commitment to our coastal resources.


































                                                             99














                                                                                     Governor's Task Force on Coastal Resources
                                                                                                   Implementation Strategy
                                                                                                    FISCAL YEAR 1992-93

                                                                                                                                                                                               LEGISLATION
                                                    RECOMMENDATION                                                                     FUNDING CATEGORY                                          REQUIRED

                                                                                                                   Existing     General     Saltwater     Capital
                    Reference                                       Description                                     Funds       Fund        Ucense        Funds        ElF     FEDERAL        STATE      FEDEFIAL
                          IIA1           Strengthen Coastal Awareness                                                 X
                          IIA2           Statewide Coastal Information Group                                          X
                          IIA4           Coastal Information/Awareneï¿½s Campaigns                                      X
                          IIA5           Coastal Newsletter                                                                                                                        X

                          11131          Coastal GIS Working Group                                                    X
                          lici           Coastal Research and Monitoring                                              X
     0                    IIDI           Coastal Education Programs                                                   X
     0                    IID2           Middle School Education Curriculum                                           X

                          IIIA1          Revise Coastal Management Program                                            X
                          IIIA2          State Consistency Enforcement                                                X                                                                         X
                          111131         LWRP EIF Activities                                                                                                           X                        X
                          111132         Other Fiscal Incentives for LWRPs                                            X
                          111133         Streamline LWRP Amendment Procedures                                         X
                          IIII)i         Permit Simplification                                                        X













                                                                   Governor's Task Force on Coastal Resources
                                                                             Implementation Strategy
                                                                              FISCALYEAR 1992-93

                                                                                                                                                   LEGISLATION
                                         RECOMMENDATION                                                  FUNDING CATEGORY                           RE IRED

                                                                                          Existing General  Saltwater  Capital
                 Reference                            Description                          Funds   Fund     License    Funds     OF    FEDERAL    STATE   FEDERAL

                     IVA1        Strengthen SPDES Permits                                   X
                     IVA2        Enhance Funding for Water Quality                                                               X        X         X        X
                     IVA3        New Non Point Source Control Programs and Water            X                                    X        X         X
                                 Quality Certification
                     IVA4        Strengthen Existing Non Point Source Programs              X                                             X
                     IVA5        Upgrade Water Quality Classification                       X                                                                X
                     IVA6        Encourage Water Conservation                               X                                    X                  X
                     IVA7        Support Interstate Water Quality Efforts                   X                                    X
                     IVA8        Remediate Contaminated Sediments                           X                                    X        X
                     IVA9        Ocean Dumping Ban Act                                      X
                     IVA10       Manage Water Activities to Protect Water Quality           X
                     IVB1        Strengthen Wetlands Programs                               X                                    X                  X
                     IVB2        Coordinate Wetlands Efforts                                X                                                       X
                     IVB5        North American Waterfowl Plans                             X                                             X
                     IVB6        Coastal Habitat Protection                                 X                                             X         X
                     IVB7        Zebra Mussel Research                                      X                                             X                  X
                     IVC1        Marine Fisheries Management
                     IVC2        Saltwater Recreational Fishing License'                                       X                                    X
                     IVC4        Protection from Contaminated Fish                          X
                     IVDI        Protect Natural Resources from Coastal Hazards             X
                     IVD2        Federal Maintenance Dredging                               X                                             X
                     IVD3        Coastal Hazards Policy                                     X
                     IVD6        Hazards Regulation and State Preparedness                  X
                     IVD7        Hazards Property Disclosure                                X                                                       X
                     IVEI        DEC Enforcement Staff                                                         X














                                                                       Governor's Task Force on Coastal Resources
                                                                                  Implementation Strategy
                                                                                   FISCAL YEAR 1992-93

                                                                                                                                                        LEGISLATION
                                              RECOMMENDATION                                                  FUNDING CATEGORY                            REQUIRED

                                                                                                Existing General   Saltwater  Capital
                       Reference                            Description                          Funds    Fund     License    Funds    ElF   FEDERAL    STATE    FEDERAL

                          VA1         Open Space Coastal Policy                                   X
                          VA2         Funding for Open Space                                                                           X                  X
                          VB1         Public Trust Coastal Policy                                 X
                          V132        State Real Property Transactions                            X
                          VC11        Development and Stewardship for Public Access               X
                          VC2         Protect Existing Recreation Areas                           X

                          VIA1        State Policy for the Working Coast                          X
                          VIA2        Harbor Management Plans                                     X                                    X        X         X
                          VIB1        Nuisance Suit Abatement                                     X                                                       X
                          VIB2        Good Samaritan Provision                                    X                                                       X
                          V1133       Requirements of Oil Pollution Control Act of 1990           X                                                       X
                          V1136       LWRP Economic Development Assistance                        X
                          V1137       Economic Development Zones                                  X
                          V1138       Private Waterfront Investments                              X
                          VIBIO       Coordinate with Canal Board                                 X
                          VIC3        Commercial Port Investments                                 X
                          VIC4        Sea/Land Transportation Connections                         X














                                                                                     Governor's Task Force on Coastal Resources
                                                                                                   Implementation Strategy
                                                                                                    FISCAL YEAR 1993-94

                                                                                                                                                                                            LEGISLATION
                                                      RECOMMENDATION                                                                   FUNDING CATEGORY                                       RE UIRED

                                                                                                                    Existing    General     Saltwater    Capital
                       Reference                                      Description                                    Funds       Fund       License      Funds        Ell F  FEDERAL       STATE     FEDERAL

                            IIA1          Strengthen Coastal Awareness                                                 X           X
                            IIA3          Promote Regional Information Efforts                                         X           X
                            IIA4          Coastal Information/Awareness Campaigns                                      X           X
                            IIA6          Coastweeks                                                                   X           X
                            IV            Coastal Research and Monitoring                                              X           X
                            IIC2          Citizen Monitoring                                                           X
                            IID1          Coastal Education Programs                                                   X           X
                            IID3          Coastal Classroom Materials                                                              X
                            IID4          Coastal Education Workshops                                                  X           X
                            105           Environmental impact Analysis Research Grants                                X
                            IID6          Instruction for Coastal Users/Researchers                                    _X

                            IIIA1         Revise Coastal Management Program                                            X           X
                            IIIA2         State Consistency Enforcement                                                X           X
                            111134        County Coastal Plans                                                                     X                                   X                     X
                            IIIC1         Technical Assistance Teams                                                   X           X
                            IIIC2         DOS/Sea Grant Technical Assistance                                                       X
                            IIIC3         Coastal Publications                                                         X           X
                            IIIC5         County   Technical Assistance                                                            X
                            IIID2         Permit Review Staff                                                                      X















                                                               Governor's Task Force on Coastal Resources
                                                                          Implementation Strategy
                                                                           FISCAL YEAR 1993-94

                                                                                                                                             LEGISLATION
                                       RECOMMENDATION                                                FUNDING CATEGORY                         REQUIRED

                                                                                      Existing  General Saltwater  Capital
                Reference                          Description                         Funds     Fund   Ucense     Funds     OF   FEDEPAL   STATE   FEDEIRAL

                   IVA3       New Non Point Source Control Programs and Water            X        X                           X      X
                   IVA4       Quality Certification                                      X        X                                           X
                   IVA8       Strengthen Existing Water Quality Programs                 X        X                           X      X
                   IVB1       Remediate Contaminated Sediments                           X        X                           X
                   IVB3       Strengthen Wetlands Programs                                        X                                           X
                   IVC3       Wetlands Conservation Plans                                X                                                    X
                   IVD3       Legislative Policy on Fisheries Management                 X        X
                   IVD6       Coastal Hazards Policy                                     X        X
                   IVE2       Hazards Regulation and State Preparedness                           X
                   IVE4       Natural Resource Damage Staff                              X                                                    X
                   IVE5       Minimum Hazard Setbacks                                    X
                              State Coastal Barriers Policy

                   VC3        Public Access Regulatory Requirements                      X
                   VC4        Access in Conjunction with Public Investments              X

                   VIA3       Water Dependent Businesses Growth Strategy                          X
                       4      Waterfront Development Districts                                    X
                   V1135      Economic Assistance for Water Dependent Sectors            X                                                    X
                   V1139      Water Dependent Use Advisory Committee                     X














                                                                                  Governor's Task Force on Coastal Resources
                                                                                               Implementation Strategy
                                                                                                FISCAL YEAR 1993-94

                                                                                                                                                                                    LEGISLATION
                                                    RECOMMENDATION                                                               FUNDING CATEGORY                                     REQUIRED

                                                                                                               ExistIng    General    Saltwater    Capital
                                                                                                                Funds      Fund       License      Funds       ElF    FEDERAL      STATE     FEDERAL
                      Reference                                    Description
                          VIIA1         Designate Concentration of Development Area                                x
                          VIIA2         Target State Investments to Development Areas                              x          x
                          V11133        Local Government Land Assemblage and                                       x
                                        Redevelopment                                                                         x
                                4       Marketing and Feasibility Studies
                          VIIC2         Transportation Investments                                                 x
                          VIIC3         Local Planning, Design, and Feasibility Funds                              x
















                                                                                 Governor's Task Force on Coastal Resources
                                                                                               Implementation Strategy
                                                                                             FISCAL YEAR 1994 - 1995

                                                                                                                                                                                   LEGISLATION
                                                 RECOMMENDATION                                                               FUNDING CATEGORY                                       RE UIRED

                                                                                                          Existing     General     Saltwater      Capital
                     Reference                                 Description                                Funds         Fund       License        Funds       ElF    FEDERAL      STATE     FEDERAL

                         11132        Work Toward Statewide GIS                                                x                                               x
                         IIIC4        Local Government Training                                                             x
                         IlIC6        Encourage Volunteers to Assist with LWRPs                                x
                         IVB4         Improve Wetlands Data                                                                 x
                         VIIBI        Redevelopment Technical Assistance                                                    x
                         V11132       Development Area Inventories                                                          x


        C)





                                                                                 Governor's Task Force on Coastal Resources
                                                                                               Implementation Strategy
                                                                                         FISCAL YEAR 1995 - and Be ond

                                                                                                                                                                            LEGISLATION
                                                    RECOMMENDATION                                                          FUNDING CATEGORY                                  REQ IRED

                                                                                                          Existing    General   Saltwater   Capital
                                                                                                          Funds      Fund       License     Funds      ElF     FEDERAL     STATE       FEDERAL
                            Reference                              Description

                                 VIC11       Infrastructure and Equipment Assistance                                                           x
                                 VIC2        Public Dock Investments                                                                           x
                                Vilci        Infrastructure Investments









                          APPENDIX


                          A. Summary of Public Comments


                          GENERAL COMMENTS ON THE REPORT


                          1.       Structure of Task Force Report

                                   Comment:           It was suggested that the report should have a more comprehensive
                                   introduction to provide additional information about why the Task Force was established,
                                   instructions to the Task Force, summary of the existing program, description of federal
                                   coastal legislation, working structure of the Task Force, and an identification of Task
                                   Force members.


                                   Response:          There is a more comprehensive Executive Summary and Introduction in
                                   the final Task Force report.

                          2.       Slipport for Tash Force Report

                                   Comment:           There was broad overall support for the mission of the Task Force and
                                   for the general thrust of its recommendations. There was a minority of vocal opponents
                                   with the following concerns: the recommendations would cost too much and create more
                                   layers of government; local govemmefits would lose control of their waterfronts; and
                                   public acquisition of waterfront property would increase.

                                   Response:          The recommendations were modified to make it clear that only modest
                                   increases of funds would be needed in future years. No new layers of government are
                                   proposed. Home Rule by local governments is not affected. Public acquisition of
                                   waterfront land would be focussed in urban areas.


                          3.       Content of Task Force Report

                                   Comment:           There were several comments that the report did not give enough
                                   attention to economic development issues in coastal areas. Some questioned a basic
                                   premise of the report: that environmental protection goals can be compatible with
                                   economic development along the coast. A few people stated that the Task Force report
                                   was slanted in favor of environmental interests to the exclusion of other interests.

                                   Response:          The final report gives more attention to economic development that is
                                   compatible with environmental protection along the coast. Chapters have been added that
                                   respond to comments from the maritime and marine trades industries, and those of the
                                   development community.

                                   Comment:           Several people stated that coastal historical and archaeological resources
                                   were not adequately addressed. For example, there is no reference to the historical
                                   importance of waterfront industry or to linking the historic heritage of the waterfront with
                                   enhanced tourism/recreation opportunities.

                                   Response:          The Task Force, in its vision for "The Public Coast," calls for the
                                   protection of historic and archeological resources.

                          PUBLIC INFORMATION/EDUCATION


                          General Comment

                                   There was consensus with the importance of increased information and education about
                                   our coast. Many suggested ways to increase such information.













                                   Coastal nformation

                                   Comment:          There was strong support for strengthening the Coastal Management
                                   Program's public education efforts. There was also emphasis on the need to cooperate
                                   with existing programs such as those of New York Sea Grant. It was noted that DOS
                                   should work closely with existing education networks since DOS cannot do everything
                                   by itself nor should it be the single source for infon-nation.

                                   Response:         The Task Force continues to agree that coastal information/education
                                   efforts should be a focus of the Department of State, but with a strong emphasis on
                                   working cooperatively with other agencies and private groups. The recommendations
                                   stress using established information networks and existing information/education
                                   programs. In particular, a statewide coastal information group will be established to
                                   ensure coordination.


                          2.       Re6onal Centers


                                   Comment:          There was confusion over the proposal that regional centers for coastal
                                   information efforts be established. A number of people were against the idea of creating
                                   new offices with staff in each region. It was suggested instead that existing educational
                                   centers, information networks, and local groups be used.

                                   Response:         The proposal to regionalize coastal information efforts has been
                                   clarified. The Task Force recommendation focuses on the need to increase awareness of
                                   coastal management issues through existing public information networks.

                          3.       Education Programs

                                   Comment:          Several people emphasized the importance of "hands-on" coastal
                                   education experiences for community members, local government officials, teachers,
                                   parents, and children. It was stressed that parks and environmental centers could be used
                                   as on-site "laboratories" for workshops and training sessions.

                                   Response:         The recommendations reflect the need to provide hands-on training and
                                   education. The statewide and regional public information networks are encouraged to
                                   explore ways to strengthen and expand this type of educational experience. To help defray
                                   costs, the Task Force encourages corporate sponsorship of programs and transportation.
                                   The recommendations also acknowledge that lower-cost, in-class environmental education
                                   should be supported.

                          4.       Schools


                                   Comment:          There was strong agreement on the importance of integrating coastal
                                   education with the existing curriculum. There was recognition that teachers may need
                                   incentives- to take appropriate coastal education courses and workshops necessary for
                                   classroom teaching. Some people suggested that school districts be required to include
                                   coastal education in their curricula. Another suggestion was that schools encourage
                                   people in coastal occupations to visit classrooms as professional role models to enable
                                   students to learn about their jobs.

                                   Response:         Recommendations have been included-that integrate coastal education
                                   into current environmental education cuff icula. In particular, the Task Force has
                                   suggested that the current revisions to the middle school science curriculum be
                                   implemented and include a coastal component.










                          5.        Geograph6c Informatoon SysteM

                                    Comment:          There was general support for the recommendations to develop a coastal
                                    resources Geographic Information System (GIS), but many urged this be done in
                                    cooperation with other State and local agencies involved in GIS development.

                                    Response:         The recommendations for a coastal resources Geographic Information
                                    System stress the need for cooperation with other State and local agencies.

                          MANAGEMENT FRAMEWORK


                          1.        Regeonal Plans

                                    Comment:          There was support for regionalizing the Coastal Management Program.
                                    There was concern from local governments that regional plans would weaken the current
                                    state-local coastal program relationship or that local policies would be adversely affected.
                                    It was emphasized that local interests should be involved in the regional process,
                                    particularly through such existing groups as the Horizons Waterfront Commission or by
                                    other means. There was also concern that the regional approach would lead to the
                                    establishment of regional coastal agencies, thus adding another layer of government.
                                    There was considerable opposition to the establishment of statewide or regional coastal
                                    coordinating councils.

                                    Response:         The Task Force modified its recommendations. The proposed regional
                                    elements will not alter the relationship between the State and local governments. The
                                    proposed regional elements will make the State more responsive to coastal communities
                                    by bridging the gap between the statewide Coastal Management Program and the
                                    particular needs of each coastal region. There is no recommendation to establish new
                                    regional agencies. The Task Force does support the existing regional entities such as the
                                    Horizons Waterfront Commission and the Hudson River Valley Greenway. These
                                    governmental entities have and will continue to play an important role
                                    in the management of coastal areas. To the extent that these regional entities are
                                    supported by local governments they should be used to implement the Task Force
                                    recommendations.


                                    The recommendations make it clear that regional elements would be developed from the
                                    "bottom-up" by incorporating priorities and policies of existing LWRPs. The Task
                                    Force is not proposing statewide or regional coastal coordinating councils.

                          2.        Local Waterfront Revitalization Proerams


                                    Comment:          There was repeated support for the Local Waterfront Revitalization
                                    Program, and only limited support for mandated LWRPs. The overwhelming suggestion
                                    was that LWRPs be kept voluntary with increased incentives for LWRP preparation.
                                    However, some proposed that if a community did not prepare a LWRP within a specified
                                    time, the State should then prepare one. There was some support for creating financial
                                    dis-incentives for non-participating LWRP communities.

                                    Response:         The Task Force continues to recommend that the LWRPs be voluntary
                                    and calls for increased fiscal and regulatory incentives for their preparation and
                                    implementation.

                                    Comment:          There were repeated calls for more technical assistance from DOS to
                                    local governments in the preparation and implementation stages of a LWRP.

                                    Response:         The Task Force agrees there is need for more technical assistance to
                                    local governments to prepare and implement LWRPs. The Task Force also recommends
                                    that state agencies form teams to help provide technical assistance. These teams would
                                    include existing staff.










                                         Comment:           Funds to prepare and implement LWRPs were also called for. Several
                                         local government officials felt that there was little or no tangible benefit to preparing
                                         LWRPs.


                                         Response:          The Task Force acknowledges the need to increase the benefits of
                                         LWRPs to local governments. The Task Force has recommended that the State support
                                         the preparation of LWRPs through funding from the Environmental Infrastructure Fund,
                                         and that communities with approved LWRPs receive greater consideration in a number of
                                         other State programs.

                               3.        County Plans

                                         Comment:           There was concern expressed with the proposal to require counties to
                                         prepare coastal programs. Counties were also seen by some people as providers of
                                         technical assistance to local governments with LWRPs.

                                         Response:          The Task Force is not recommending that counties be mandated to
                                         prepare coastal programs, but is encouraging them to do so to guide their own actions and
                                         to assist in the development and/or implementation of LVVRPs.

                               4.        Consistency


                                         Comment:           There was general support for the proposal to centralize the State
                                         consistency review process within the Department of State. Communities with approved
                                         LWRPs also stressed they should retain the power to make local consistency decisions.

                                         Response:          The Task Force recommends that DOS be responsible for centralized
                                         consistency review in certain instances, with no interference in the consistency review
                                         process of local governments with approved LWRPs.

                               5.        Permut S*mplfficafion

                                         Comment:           There were complaints about the complexity of the State's permit
                                         processes. One solution recommended by a number of people was to strive for a single
                                         application process.

                                         Response:          The Task Force calls for simplifying the regulatory permit processes,
                                         to include shortening the time required to obtain a permit and examining the feasibility of
                                         developing a comprehensive pert-nit application form.

                               PROTECTING AND ENHANCING COASTAL RESOURCES


                               1.        Water Ouality


                                         Comment:           There was general support for expanding the water quality certification
                                         to prevent further degradation of coastal water quality. Nonpoint source pollution
                                         received special attention--many called for concentrated efforts at remediation. More funds
                                         for a variety of programs were called for, as well as a requirement that LWRPs consider
                                         the impacts of land use on water quality. Measures to abate combined sewage overflows
                                         were given a high priority, as were proposals for pollutant discharge fees and heavy fines
                                         for polluters.

                                         Response:          The Task Force recognizes the significance of the water quality issue
                                         and has detailed recommendations for enhancing coastal water quality. The Task Force
                                         agrees there should be an expanded water quality certification requirement. It also calls for
                                         special attention to nonpoint source pollution.

                                         Comment:           There was strenuous opposition to the proposal to require state licensed
                                         pilots to navigate intra-port movement of vessels, as one measure to minimize water
                                         quality problems resulting from vessel accidents.
                                                                              4










                                   Response:          The Task Force has not recommended mandating state licensed pilots to
                                   navigate intra-port movement of vessels. The Task Force has recommended the need for
                                   responsible and accountable pilots and encourages existing authorities to deten-nine how
                                   to address this need.


                         2.        Wetlands


                                   Comment:           Although the majority of support was expressed for restoring,
                                   enhancing, acquiring and better regulating wetlands, some expressed concern that wetlands
                                   regulations are already stringent and adversely affect desirable coastal development. There
                                   was general support for adoption of a State policy of "net gain" in the quality and
                                   quantity of wetlands, although some concerns were expressed.

                                   Response:          The Task Force agrees increased protection of wetlands is needed and
                                   proposes recommendations to further minimize their.loss and degradation.

                         3.        Habitats


                                   Comment:           There were a limited number of comments on protecting coastal
                                   habitats. Some people emphasized the need to develop management plans for significant
                                   habitats, and that such areas must be the starting point for the determination of sensitive
                                   environmental areas. There were divergent comments regarding the protection of urban
                                   coastal habitats, ranging from opposition to a proposal for no development in critical
                                   urban habitats.


                                   Response:          In addition to steps recommended to protect wetlands, the Task Force
                                   has proposals to protect habitats of threatened and endangered species, to prepare
                                   management plans for significant coastal fish and wildlife habitats, and to require that
                                   State actions be in compliance with the significant coastal fish and wildlife habitat
                                   program.


                         4.        Coastal Hazards


                                   Comment:           Most comments supported a variety of regulations to restrict
                                   development in coastal hazard areas, such as no development on barrier beaches. A small
                                   group opposed many such regulations. Several in this group expressed concern with
                                   State acquisition of lands for hazard protection, and called for local control of actions to
                                   protect beaches, bluffs, and dunes.

                                   Response:          The Task Force agrees with most comments supporting restrictions on
                                   development in coastal hazard areas and has developed a series of recommendations to
                                   improve the management of hazardous areas and protect natural coastal features.

                         IMPROVING PUBLIC ACCESS


                         1.        Public Access


                                   Comment: The majority of comments called for more public access, with additional
                                   funds for acquisition and maintenance. At the same time, there was concern expressed
                                   about the potential adverse effects of more public access on critical or sensitive coastal
                                   resources. There were also comments calling for more recognition of the role of the
                                   private sector in providing access opportunities. Other comments emphasized the need
                                   for more trails and parking; the improvement, maintenance and development of public
                                   acces's lands; public transportation to public access sites; and for safety and security at
                                   public access points.

                                   Some comments suggested the access recommendations were an infringement on private
                                   property rights, and other concerns were expressed about liability.










                                    Response:          The Task Force proposes to increase hot,) physical and visual access to
                                    coastal waters. The report gives explicit recognition to the requireincrit that public access
                                    recognize private property rights and the constraints of natural resources which limit
                                    access opportunities.

                           2.       Public Trust Doctrone


                                    Comment:           There were numerous calls for strict adherence to the Public Trust
                                    Doctrine. Several persons stressed the need for a statewide assessment of underwater lands
                                    to determine desired uses and protect them from lease or sale for unwise development.

                                    Response:          The report recommends explicit aCLions to uphold the Public Trust
                                    Doctrine in order to preserve and enhance rights to certain coastal lands and lands
                                    underwater.


                           ECONOMIC DEVELOPMENT


                                    Comment:           Representatives of the development and business community stressed
                                    the need to recognize their contribution to the quality of life in New York's coastal area
                                    and. the problems they face along the coast. Representatives of water dependent industries
                                    in particular submitted numerous comments.

                                    Respon se:         Recognizing the importance of coastal economic development to the
                                    econornic health of the State, and in response to comment-, that there should be more
                                    attention to economic development needs, the Task Force has substantially expanded its
                                    coverage of all aspects of water dependent businesses and coastal development activities.
                                    These recommendations are presented under two chapters of the report -- The Working
                                    Coast and The Redeveloping Coast.

                           POTENTIAL STATE REVENUE SOURCES


                                    Comment:           The largest number of comments received by the Task Force on any
                                    issue consisted of protests against proposals for additional taxes and fees on marinas and
                                    the recreational boating industry. For those who agreed that more funding for coastal
                                    management was needed, there was support expressed for a broad variety of taxes an.d. user
                                    fees spread arnong all beneficiaries of better coastal management.

                                    Response:          The Task Force has not recommended additional fees on marinas and
                                    recreational boaters. The Task Force recognizes, however, that additional expenditures
                                    will be required to ensure that our coastal resources are improved.

                           STATE AGENCY JURISDICTION OF' COASTAL PROGRAMS

                                    Comment:           Most favored keeping the Coastal Management Program in the
                                    Department of State. There was no support for creating a new State agency or placing
                                    the Coastal Management Program in another existing agency.

                                    Response:          The Task Force recommends the Coastal Management Program remain
                                    at the Department of State.       The recommendations also propose increasing the
                                    coordination among State agencies which administer programs critical to the overall
                                    achievement of the State's coastal polices.








                         B.      References



                         Coastal Water Quality Report. Background paper for the Governor's Task Force on Coastal
                         Resources, February 1991.


                         An Evaluation of New York State's Tidal Wetlands Prozram, Final Report of the Tidal Wetlands
                         Advisory Committee of the New York State Department of Environmental Conservation.
                         February 10, 1987.


                         Goldsmith, Victor, Nicholson, Diana, and Linda Timander. DevelQpment of a Coastal Resource
                         Geographical Information System (GIS) for New York State. Hunter College, New York,
                         February 1991.


                         Growth Management Committee Report. Background Paper for the Governor's Task Force on
                         Coastal Resources. May 1991.


                         New York State Boating Advisory Council. The Consolidation of Marine Construction Permit
                         Procedures. November 15, 1990.


                         New York State Department of Environmental Conservation. The SEOR Cookbook. September
                         1990.



                         New York State Department of State. New York's Coastal Program -Your Coast. Your Choice.
                         Your Future - Issues and Recommendations, 1990



                         New York State Office of Parks, Recreation, and Historic Preservation. People. Resources.
                         Recreation: New York Statewide Comprehensive Recreation Plan and Generic Environm0tal
                         Impact Statement. December 1989.


                         New York State's Freshwater Wetlands Controls: A Resource in jeol2a[dY. Report of the
                         Freshwater Wetlands Advisory Committee to the Department of Environmental Conservation.
                         July 3, 1989.


                         New York State's Freshwater Wetlands Controls: A Resource in Jeopardy. The Department of
                         Environmental Conservation's Responses to the Freshwater Wetlands Advisory Committee Report
                         and Recommendations. August 17, 1989.


                         Tidal and Freshwater Wetlands and Essential Habitats. Background Papers for the Governor's Task
                         Force on Coastal Resources. December 1990 and February 199 1.


                         United States Department of Commerce and New York State Department of State. Final
                         Environmental Impact Statement and the New York Coastal Management Program. Washington,
                         D.C. and Albany, N.Y., August 1982.









                        ACKNOWLEDGMENTS






                        GOVERNOR'S TASK FORCE ON COASTAL RESOURCES STAFF



                        Office of the Lt. Governor


                              Catherine Alfandre, Special Assistant


                        Department of Environmental Conservation

                              Robert L. Bendick, Jr., Deputy Commissioner
                              Charles Morrison, Director, Land Resources Planning
                              Eileen Murphy, Assistant Administrative Analyst
                              Roberta Weisbrod, Special Assistant to the Commissioner


                        Department of State, Coastal Resources and Waterfront Revitalization


                              George Stafford, Director
                              Sally Ball, Coastal Resources Specialist
                              John Bartow, Coastal Resources Specialist
                              Alan Lillyquist, Coastal Resources Specialist
                              Steven Resler, Coastal Resources Specialist



                        Office of General Services


                              Thomas Pohl, Senior Attorney



                        Office of Parks, Recreation and Historic Preservation


                              Ivan Vamos, Deputy Commissioner
                              Pamela Otis, Associate Environmental Analyst
                              Raymond Perry, Interpretive Programs Coordinator



                        SPECIAL THANKS TO:


                              Patricia Swain at the Hudson River Valley Greenway Council for her work on the design
                              and final production of this document.












                          ALSO THANKS TO:

                                Office of the Lt. Governor: Deborah Sale, David Weinraub, Phil Lentz, Christin e Capasso,
                                Melissa Julian


                                Department of Environmental Conservation: Gordon Colvin, George Danskin, Phil
                                DeGaetano, Fran Dunwell, Madeline Gallo, Gail Kamaras, Lenore Kuwik, Laurel Remus,
                                Annette Valenti


                                Department of State: Bill Barton, Jean Fuller, Neil MacCormick, Charles McCaffrey, Bill
                                Sharp, Ellen Smith, Louise Steele

                                New York City: Bonnie Bellow, Carolyn Somers, Bill Woods

                                Division of the Budget: Margaret Becker, Mary Beth Labate, Jerry Minot-Scheuen-nann,
                                Deborah Renner



                                Peter Eschweiler, Former Commissioner, Westchester County Department of Planning
                                Susan M. Gallion, Westchester County Department of Planning
                                Wm. H. Koelbel, Waterfront Consultants
                                Lynn Oliva, Acting Commissioner, Westchester County Department of Planning
                                James Townsend, Office of Congresswoman Nita Lowey
                                Dick True, Empire State Marine Trades Association
                                Howard Weitzman, Vector Real Estate
                                William Wise, SUNY at Stony Brook


                          PHOTOGRAPHY


                                   We would like to thank the following for their cooperation in supplying photographs for
                                   this report:

                                   Hampton Chronicle - Page 77
                                   New York State Department of Economic Development - Page 6, 11, 16, 35, 44, 65, 67
                                   New York State Department of State - Page 50
                                   Port Authority of New York & New Jersey - Page 72, 83
                                   The Saratoga Associates - Page 28, 88
                                   Sleepy Hollow Press - Page 62
                                   Southampton Press - Page 54




                          The Task Force also wishes to thank the many individuals who met with us to talk about New
                          York's coastal resources from: the Great Lakes Basin Advisory Council, Great Lakes Research
                          Consortium, Horizons Waterfront Commission, Hudson River Valley Greenway Council,
                          National Oceanic and Atmospheric Administration, New York Sea Grant Institute, New York
                          State Department of Economic Development, New York State Education Department, New York
                          State Marine Education Association, New York State Maritime Advisory Committee, St.
                          Lawrence-Eastern Ontario Commission, United States Army Corps of Engineers, and United
                          States Environmental Protection Agency.

                          We also wish to acknowledge the- contribution of hundreds of individuals who attended the
                          Statewide Conference, wrote letters, telephoned, and spoke with us at the meetings and public
                          hearings around New York State.








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