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






                       New York Department of State
         Division of Coastal Resources and Waterfront Revitalization





                         @Harbor Management Plans


                          ï¿½309 Project of Special Merit









              GUIDELINES FOR THE PREPARATION OF HARBOR
                           MANAGEMENT PLANS


             to the Office of Ocean and Coastal. Resources Management
                            National Ocean Service
                 National Oceanic and Atmospheric Administration
                         U.S. Department of Commerce

                                  June 1994








                                                      a M k\ IF 71


                                 NEW YORK STATE DEPARTMENT OF STATE
                                      COASTAL MANAGEMENT.PROGRAM


               GUIDELINES FOR THE PREPARATION OF HARBOR MANAGEMENT PLANS


            INTRODUCTION


            NEED FOR HARBOR MANAGEMENT


            Dr-amatic increases in the State's recreational boating fleet and other changes in the use of
            harbors has resulted in competition for space within and along the shores of the State's harbors
            and nearshore waters.      Conflicts have increased between recreational boating and other
            recreational uses of harbors; between recreational and commercial activities; and between all
            uses and natural and cultural resources. These conflicts and a lack of clear authority to solve
            them has resulted in degraded natural and cultural characteristics of many harbors, and their
            ability to support a range of appropriate uses. The ability of municipalities to take advantage
            of potential growth in water-dependent recreation without destroying the viability of other water-
            dependent uses and important natural or cultural resources, has been constrained by a lack of
            clear municipal authority to regulate the wide range of uses and activities occurring in harbor
            and nearshore areas.


            Despite growing, problems associated with the use of harbors, municipal regulation within
            harbors and nearshore areas has been limited primarily to regulating vessel use, speed,
            anchoring, and mooring.       Municipal regulation of other in-water uses and activities on
            underwater lands has varied by region of the State, and is different for cities, towns, and
            villages. For example, special State enabling legislation authorizes specific municipalities to
            regulate structures such as boathouses and docks. However, until recently, there had been no
            clear State enabling legislation authorizing all municipalities to regulate all uses and activities
            occurring in harbor and nearshore areas. This lack of clear enabling legislation, and overlaps
            in federal, State and local government regulatory authority, severely hampered the ability of the
            State and local goverrunents to comprehensively manage activities in harbor and nearshore areas,
            and to resolve conflicts and other issues in these intensely used and important areas.

            In order to resolve these issues, Chapter 791 of the Laws of 1992 was enacted, amending Article
            42 of the Executive Law (Waterfront Revitalization and Coastal Resources Act) to provide local
            governments with the clear authority to comprehensively manage activities in harbor and
            nearshore areas by developing comprehensive harbor management plans and laws to implement
            those plans.

            Article 42 of the Executive Law and Department of State regulations contain procedures for the
            development and approval of harbor management plans and their local implementing legislation.
            Harbor Management plans are to be developed with the participation of the public and federal,
            State and local governments and agencies. The Department of State provides information,








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            technical, and financial assistance to municipalities for the development of Harbor Management
            Plans as components of their LWRPs.

            RELATIONSHIP OF HARBOR MANAGEMENT PLANS To THE LocAL WATERFRONT
            REviTALiZATION PROGRAM

            to date, LWRPs have primarily been developed to address land uses in the coastal area, and
            have not fully addressed water use issues seaward of the shoreline. Harbor management plans
            address the problems of conflict, congestion, and competition for space in the use of harbors,
            surface waters and underwater lands within a city, town or village or bounding a city, town or
            village to a distance of fifteen hundred feet from the shore. They can be viewed as the seaward
            extt;nsions of traditional land use planning and zoning concepts for the "wet side" of the coastal
            area.


            These harbor management plans are to be undertaken as part of a Local Waterfront
            Revitalization Program (LWRP). Harbor management plans and their local implementing
            legislation are integral components of LWRPs. They are required for a Local Waterfront
            Revitalization Program to be approved. However, LWRPs approved prior to July 1994 or for
            which a Draft Environmental Impact Statement has been prepared prior to July 1994 are not
            required to include harbor management plans. These municipalities are, however, encouraged
            to amend their LWRPs to include harbor management plans.                 LWRPs without harbor
            management plans must include harbor management plans as part of any future substantial
            amendments to the LWRP. Once a municipality has completed a harbor management plan and
            its necessary implementing laws, they are submitted to the Secretary of State for approval as part
            of, or as an amendment to, a municipality's approved LWRP.

            BENEFITS OF A HARBOR MANAGEMENT PLAN


            The benefits of a harbor management plan to a municipality are similar to those of an approved
            LWRP. In coastal waters, the State and federal government have the most authority to regulate
            in-water activities, and most municipalities have little or no authority to regulate structures and
            uses of surface waters and underwater lands other than vessel uses. Harbor management plans
            enable local governments to address a wide range of uses in harbor and nearshore areas in full
            partnership with the State's Coastal Management Program. These benefits include:

            ï¿½      determining the status of harbor areas and developing a strategy to achieve goals for
                   harbor areas;

            ï¿½      requiring state and federal adherence to harbor management plans (see Consistency of
                   Federal, State and Local Actions below);

            ï¿½      technical assistance in addressing harbor management issues;


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            ï¿½       financial assistance for small-scale construction and land acquisition projects;

            ï¿½       research, design and other preconstruction activities that implement the harbor
                    management plan;

            ï¿½       addressing harbor and nearshore issues that transcend local boundaries.

            An important additional benefit is that when a harbor management plan is approved by the
            Secretary of State as a component of a LVr", a municipality is delegated the authority to
            regulate all structures and uses of waters and underwater lands. A municipality may then
            directly regulate the construction, size and location of structures in, on or above waters and the
            use of surface waters and underwater lands within the municipality or bounding the municipality
            to a distance of fifteen hundred feet from the shore. They may impose fees for reasonable
            expenses incurred by the municipality in carrying out this regulatory authority.

            This new authority does not limit or change any existing authority a municipality may now have
            to regulate certain harbor uses and activities. If a municipality is regulating any harbor use or
            activity based on an authority not derived from Article 42 of the Executive Law, the exercise
            of that authority, even if used to implement the municipality's harbor management plan, is not
            subject to the Secretary of State's approval.

            CONSISTENCY OF FEDERAL, STATE AND LOCAL ACTIONS wrrH HAUOR
            MANAGEMENT PLANS


            Upon approval of a harbor management plan as a component of an LWRP by the Secretary of
            State and federal Office of Ocean and Coastal Resource Management, federal and state actions,
            such as funding, permit, approval and direct actions by agencies are required to be undertaken
            in a manner consistent with the approved LWRP and harbor management plan. Where a harbor
            management plan includes standards for the siting or construction of in-water structures and the
            use of surface waters and underwater lands, no federal or state agency may undertake or pen-nit
            any actions that are inconsistent with those standards.

            The consistency benefit is even more significant with regard to harbor management, since little
            or no activity occurs over or in surface waters without federal or state involvement.

            As with LWRPs, in exchange for federal and state consistency with approved harbor
            management plans, local governments are required to bind themselves to the harbor management
            plan. Usually this would be done through the same local consistency law that binds the local
            government's regulatory, approval, direct and funding actions to the policies and purposes of
            the LWRP.





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            PREPARING THE HARBOR MANAGEMENT PLAN


            Harbor management plans are to be comprehensive. They must consider regional needs and,
            as applicable, the competing needs of commercial shipping and recreational boating, commercial
            and recreational fishing and shellfishing, aquaculture, waste management, mineral extraction,
            dredging, public access, recreation, habitat and other natural resource protection, water quality,
            open space, aesthetic values and common law riparian or littoral rights, and the public interest
            in underwater lands. They must cover all surface waters within or adjacent to a municipality.
            This includes in-water areas adjacent to open shorelines as well as actively used enclosed bays
            or harbors. The harbor management plan provides a rational basis for the allocation and use of
            space within a harbor or nearshore area. A harbor management plan and its implementation
            effectively zones surface water areas and underwater lands for specific uses or a range of
            specific uses in order to avoid conflicts or improve conditions within harbor or nearshore areas.

            A harbor management plan may consist of a single document prepared as an appendix or
            supplement to a Local Waterfront Revitalization Program, or it may be integrated into the
            LWRP. If it is integrated into a LWRP it would consist of the "wet side" components of the
            boundaries (Section I), inventory and analysis (Section II), policies (Section M), proposed land
            and water uses (Section IV), techniques for implementation (Section V), and other federal and
            state actions necessary to advance a Local Waterfront Revitalization Program (Section VI.B) of
            a Local Waterfront Revitalization Program.


            CONTENTS


            The basic components of a harbor management plan should include the following. If it is a
            stand-alone pail of an LWRP, rather than integrated into the various parts of an LWRP, then
            what follows also provides a useful outline of a harbor management plan. The text in italics
            indicates how a harbor management plan may be integrated into an LWRP.

            If the harbor management plan is a separate pan of the LVTRP, then the policy section of the
            LWRP should include policy standards referencing the harbor management plan and the
            standards found in the harbor management plan's implementing legislation.

            NVENTORY


            A narrative inventory of the natural and cultural resources, physical features, and uses of the
            surface waters and underwater lands that the plan is being developed for. The inventory should
            describe the following, and be supplemented by maps:

                   commercial, industrial, and recreational water-dependent uses (such as marinas, boat
                   yards, transhipment facilities, swimming areas, commercial or recreational fishing or



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                    shellfishing, types of vessel activity (commercial vessel or recreational vessel traffic) and
                    vessel anchorage or mooring areas;

             ï¿½      water quality classifications and use standards;

             ï¿½      wetlands and significant habitats;

             ï¿½      the general pattern of public and private ownership of underwater lands;

             ï¿½      historic underwater sites or structures (such as shipwrecks, historic dry docks, or
                    archaeological sites, if any);

             ï¿½      underwater cables or pipelines; and

             ï¿½      existing infrastructure such as navigation channels and basins, bulkheads, docks and
                    docking facilities, sewage treatment and vessel waste facilities, public water supplies, and
                    roadways supporting the harbor area.

             ï¿½      a description of adjacent existing land uses and zoning.

             This material may be incorporated in the text and maps of Section II of an LVvRP (Inventory and
             Analysis).

             ISSUES


             A narrative summary of issues of local and regional importance that should be addressed in the
             harbor management plan, such as:

             0      interferences with existing navigation channels by structures such as docks, floats or
                    anchored or moored vessels;

             0      public health and safety (such as conflicts between shellfishing and vessel anchorage or
                    mooring areas, or between the oper-ation of vessels in or near swimming areas, and
                    general boating congestion);

                    substandard water quality and a need to improve water quality for a range of desired
                    uses, such as fishing, swimming, or year-round or seasonal shellfishing;

                    degraded or threatened natural areas such as wetlands or significant coastal fish and
                    wildlife habitats;




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             ï¿½       a need to maintain or provide harbor infrastructure such as roadways, navigation
                     channels, bulkheads, boat ramps, docks, sewage treatment and vessel waste pumpout
                     facilities;

             ï¿½       limits on public access to or use of the harbor area;

             ï¿½       a high demand for, but a lack of, appropriate commercial vessel support facilities or
                     sufficiently maintained navigation channel or basin depths;

             ï¿½       problems related to dredging and dredged material disposal; and

             ï¿½       the need to protect important water-dependent uses in appropriate areas within harbors.

             The narrative should also provide a brief description of any conflicts between existing land or
             water uses and existing zoning standards. Such conflicts might include:
                                            I

             ï¿½       existing nonconforming, water-dependent uses in areas appropriate for water-dependent
                     uses, but zoned for non-water dependent uses; or

             ï¿½       intertidal wetland areas, bays or other offshore or intertidal areas that are used or zoned
                     for residential or other inappropriate uses in these areas.

             This material may be incorporated in or included under a separate heading for harbor
             management issues in the summary of issues at the end of Section II of an LVt7RP.

             EmSTING AuTHoRrms


             A narrative summary of the existing roles and responsibilities and existing authorities of federal,
             state and local agencies in the harbor area, including those of another local government which
             does or has the authority to regulate activities within 1500' of the municipality's shore.
             Examples of the agencies with the greatest roles in advancing or implementing harbor
             management plans that should be addressed in this summary include:

             0       the National Oceanic and Atmospheric Administration, the U.S. Coast Guard, U.S.
                     Army Corps of Engineers, and the Department of Interior;

             0       the State Departments of State, Environmental Conservation, and Transportation and the
                     Offices of General Services and Parks, Recreation, and Historic Preservation;

             0       agencies of the city, town, or village, or a county if the county regulates activities in the
                     harbor area;



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                                                     ED IR A IF U

            ï¿½      in certain towns, the trustees of the towns responsible for managing harbor or foreshore
                   areas; and

            ï¿½      the local Harbormaster, Bay Constables, Police Department or Sheriff's Office.

            This material may be included in the Inventory and Analysis in Section 1I of an LWWP. Yhe
            existing authorities of local agencies that are necessary to implement or advance the harbor
            management plan should be identified in Section V (Techniques to Implement the Program) for
            necessary implementing legislation, intermunicipal legislation, memoranda of understanding, or
            agreements, etc.


            OPPORTUN=S


            A narrative summary of opportunities to resolve issues or advance desired projects or uses in
            harbor areas, such as:

            ï¿½      land available for water-dependent uses;

            ï¿½      wetland restoration projects;

                   public access projects;

                   redevelopment of underutilized or deteriorated areas for projects that advance harbor
                   management efforts.

            7his material may be incorporated in Section 11 of an LWWP.

            OBJECTIVES


            A nan-ative summary of the overaH objectives of the harbor management plan, that can be
            reflected in enforceable policies or capital/construction projects, such as:

            ï¿½      protecting existing or providing for new water-dependent uses such as marinas, boat
                   yards, yacht clubs, port facilities, swimming beaches, or sheflfishing;

            ï¿½      providing necessary commercial fishing support facilities such as a commercial fishing
                   vessel loading and offloading platform or dock at a specific publicly owned site;

            ï¿½      protecting water quality by providing sufficient vessel waste pumpout and waste reception
                   facilities to support designation of a harbor as a vessel waste no-discharge zone;




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                   providing a balance among the various uses of a harbor, i.e., what the primary uses are
                   in a harbor area.


            7his material should be reflected in the policy statements and explanations ofpolicy in Section
            III of an L WR P.

            HA"OR NLANAGEMEENT PLAN MAP


            An identification of the harbor management area and a use plan shown on a map of the surface
            water area and adjacent uplands that are relevant to the use and management of surface waters
            and underwater lands.


            This map will depict proposed water uses within harbor areas, and should be included in Section
            IV (Proposed Land and Water Uses) of an LWRP.

            Mapping Requirement

            The harbor management plan map should be of sufficiently large scale to illustrate all of the
            information necessary. Many municipal boundaries, especially on the north shore of Long Island
            and in the Great Lakes region, extend offshore for several miles. It is not necessary to show
            large expanses of offshore open water areas on the large scale harbor management plan map,
            however, all of the surface waters within a municipality or within 1500' from a municipality
            whose corpor-ate limits end at the shore should be shown on a map that supplements the large
            scale harbor management plan map. The large scale, detailed harbor management plan map will
            usually only be necessary for nearshore areas such as harbors, bays, and rivers, or small lakes
            or embayments within lakes. A smaller scale map that shows all offshore areas within or
            adjacent to the municipalities should be included as a component of the plan, but need not show
            discrete water use zones unless specific areas offshore are designated for specific uses.

            All use zones, infrastructure and special projects should be shown on the large scale harbor
            management plan map. A map key should explain each zone, infrastructure type and project.

            Geographical Extent of Harbor Management Areas

            In order to deterraine the required geographical extent of a municipality's harbor management
            plan and represent this area on a harbor management plan map, the map must show existing
            waterside municipal boundaries as well as any extraterritorial area in which the State has







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                                                       ED R k IF U

            delegated regulatory authority to the municipality.* This may occur under circumstances where
            a municipality's boundary coincides with the shore or is less than 1500' from shore.

            Section 922 of the Executive Law enables cities, towns and villages to regulate all structures in,
            on, or above surface waters and all uses of surface waters and underwater lands within a city,
            town or village's municipal limits, or, where a city, town or village's municipal limits end at
            the shoreline, to 1500' from shore, whichever distance from shore is greater. Thus, whether
            or not a municipality has already obtained some extraterritorial jurisdiction, where a
            municipality's corporate limits end at the shoreline or is less than 1500' from the shore, the map
            should indicate the offshore 1500' extraterritorial limit.


            If a municipality's corporate limits are more than 1500' from the shore, the map should indicate
            that the seaward limits of the municipality's harbor management area are coincident with the
            seaward limits of the municipality's corporate limits.

            Where a municipality's corporate limit ends at the shoreline or is less than 1500' from shore,
            the 1500' offshore extraterritorial limit is measured in the following manner:

            ï¿½       where the shore is generally even, the 1500' is measured from the mean low water line
                    (figure 1);

            ï¿½       where the shore is uneven because of indentations such as coves, small bays, inlets or
                    similar conditions, the 1500' is measured from a straight line drawn across the
                    indentation from the two points representing the furthest waterward extent of the mean
                    low water line on either side of the indentation (figure 2).



                    Section 46-a of the Navigation Law and Section 130.17 of the Town Law provide
                    municipalities with the authority to regulate certain vessel uses upon waters within a
                    municipality, or bounding a municipality to a distance a 1500' from shore. These
                    enabling statutes only apply to the regulation of the over-water use of vessels. Where
                    a municipality's corporate limits end at the shore, Sections 46-a of the Navigation Law
                    and Section 130.17 of the Town Law provides municipalities with the extraterritorial
                    authority to regulate the over-water use of vessels up to 1500' from shore. However,
                    Section 130.17.(3) of the Town Law prohibits a town from regulating the over-water use
                    of vessels upon waters within a village, or within 1500' from the shore of a village.

                    Section 46-a. (2) of the Navigation Law specifically names certain towns and villages that
                    are authorized to regulate the construction and location of boathouses, moorings and
                    docks in any waters within or bounding the specifically named munici alities. Similar
                                                                                             IP
                    authority, including the authority to all structures within certain water bodies, is granted
                    to certain municipalities in Niagara County by Section 32-e of the navigation Law.

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                   Figure 1.                                                 Figure 2.


            0      where municipalities share a water body that is less than 3000' wide, the Department of
                   State will advise where the offshore limit of the are should be (figure 3).
















                                                      Figure 3.


           0       where an offshore island is part of a mainland municipality, and the municipality's
                   corporate limits do not encompass the water area between the mainland and the island
                   or surrounding the island, the 1500' distance from the shore of the island is measured
                   from the mean low water line surrounding the island (figure 4).




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                                                         Figure 4.



            Harbor Use or Water Use Zones


            The harbor management plan map is a graphic depiction of what types of uses are allowed and
            where uses are and are not allowed in a harbor area. Bear in mind that a harbor management
            plan map is similar to a zoning map, and needs to be supported by a single law or ordinance or
            more than one special purpose laws or ordinances, just as a zoning map is implemented by a
            zoning law or ordinance. Laws or ordinances and descriptions of capital or physical projects
            provide a narrative translation of what the map shows, and makes the map "work" by regulation.

            The map should depict areas representing surface waters and underwater lands that will be
            designated for certain uses, such as:

            0       existing or proposed navigation channels, fairways, or accessways over the water's
                    surface;


            0       open water areas;

            ï¿½       mooring or anchorage areas;

            ï¿½       special use zones, e.g. areas set aside for or designated for water skiing, races, or other
                    special events;

            ï¿½       buffer areas between water surface uses;

            0       swimming areas;








                                                  jll) 2 k T U

            0     harbor or pierhead lines, and bulkhead lines;

            ï¿½     perimeter permit areas

            ï¿½     major structures such as groins, jetties, seawalls, bulkheads, and piers

            ï¿½     sensitive habitat or shellfishing areas;

            ï¿½     marinas; and

                  upland areas adjacent to the water body where water-dependent uses are proposed.

            The map should also depict important proposed public improvements, such as public docks or
            vessel waste disposal facilities, launching namps, parking areas, etc.

            Yhe harbor management plan map should be included in Section I-V of an LII@WP.

            TECEMQUES TO IMTLEMIENT THE HA"OR MANAGENMNT PLAN

            An identification of various techniques to address issues described in the summary of issues and
            to implement the harbor management plan and map. These techniques may include:

            Local Laws or OLdinances

            The adoption of local laws or ordinances that implement the harbor management plan map by
            regulating vessels, structures, and uses within the harbor management area, such as:

            ï¿½     the use, operation, speed, and anchoring and mooring, and other uses of or activities
                  associated with vessels;

            ï¿½     the siting and construction of docks, piers, bulkheads or other in-water structures;

            ï¿½     activities in sensitive area such as highly productive wetlands and significant habitats, or
                  prohibiting the operation of vessels in swimming areas;

            ï¿½     dredging and dredged material disposal, mining, or excavating; and
                          r>

            e     swimming, SCUBA diving or other primary contact in-water recreational activities.

            ï¿½     adopting new or amending the text of zoning laws or ordinances where appropriate to
                  favor water-dependent uses, or to allow limited water-enhanced or non-water-dependent
                  uses that support water-dependent uses;


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                                                     D in k 7 PT

           These local laws or ordinances should provide the narrative description of areas and allowable
           or prohibited uses shown on the harbor management plan map, and should include standards for
           these uses. In effect, these laws are much like the text of a traditional zoning law or ordinance
           that provides the narrative text and standards to implement a standard zoning map.

           Existing laws or ordinances, ifany, that implement ponions of the harbor management plan,- and
           proposed amendments to existing laws or ordinances and proposed new Laws or ordinances to
           implement the harbor management plan, should be included in Section VIA (Techniques for
           Implementation of the Program) under the heading ofLocal Laws or Ordinances and Regulations
           Necessary to Implement the LWWP.

           Procedural Actions


           Procedural actions that change how activities in harbor areas are managed, that create special
           districts, or establish responsibilities to manage activities in harbor areas, such as:

           ï¿½       Harbor Improvement Districts - establishing harbor improvement districts pursuant to
                   Section 190 of the Town Law to provide a funding mechanism for public projects and
                   physical improvements in and adjacent to the harbor area, such as: water quality
                   improvement projects; studies; construction and maintenance of public launching ramps,
                   docks, vessel waste pumpout and waste reception facilities; land acquisition; and
                   dredging;

           ï¿½       Management - appointing a harbor manager to administer the plan, or providing a
                   Harbormaster or other person with the training and authority necessary to administer the
                   plan; designating the harbor responsibilities of existing officials and boards;

           ï¿½       Enforcement - appointing a Harbon-naster or Bay Constables to enforce the plan's
                   regulations, or improving the ability of a Harbormaster, Bay Constables, Sheriff's Office
                   or Police Department to enforce the plan;

           ï¿½       Education - providing information to recreational boaters and other users of the harbor
                   area, such as tourists, regarding harbor safety and public health, maritime history, uses
                   of the harbor area, natural resources, or other information that increases public
                   awareness of harbor issues.


           These procedural actions should be included in Section V of an LWRP.

           Studies and Research


           Special studies, design projects, or research necessary to advance or refine a harbor management
           plan or a component of it, such as:


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            ï¿½      detailed studies of the extent of grants, leases or easements of underwater lands, in order
                   to determine the extent of public and private rights in and to underwater lands where
                   information is not readily available or sufficiently detailed to be included in a harbor
                   management plan;

            ï¿½      water quality, pollutant transport, or sedimentation studies;

            ï¿½      commercial fishing facility, recreational fishing facility, or public access project needs
                   design or specific assessments; and

            ï¿½      conceptual or detailed design studies of harbor infrastructure needs such as docks,
                   drainage and water quality improvements, etc.

            These studies and projects should be included in Section IV of an LWRP.

            Capital Projects

            Capital improvement or construction projects that are necessary to maintain or improve uses or
            conditions within a harbor area, such as:

            ï¿½      providing public commercial or recreational fishing docks, public docking facilities, or
                   vessel waste pumpout and disposal facilities, and the maintenance of public navigation
                   channels;

            ï¿½      dredging and dredged material disposal;

            ï¿½      improvements to street drains to treat runoff and improve water quality in harbor areas;
                   or

            ï¿½      other harbor infrastructure improvement projects.

            These studies and projects should be included in the proposed projects in Section IV of an
            LVvRP, and in Section V.B (Other Public and Private Actions Necessary to Implement the
            Program) of an LWRP.

            Other Implementation Actions Necessaa

            Actions by federal and State agencies are often necessary in order to fully implement
            and advance projects in harbor areas. These actions may include approving anchorage and
            mooring areas prior to designation, designating vessel waste no-discharge zones, dredging or
            maintaining major navigation channels and basins, constructing or maintaining breakwaters,



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                                                     717@


            funding certain studies, or providing technical assistance. These necessary actions should be
            described in the harbor management plan.

            The actions of federal and state agencies, such as the acquisition of land, capital funding,
            conducting special studies or providing technical assistance necessary to further advance the
            program, should be included in Section W.B of an LWRP.

            PROCEDURAL REQUERFMENTS


            APPROVAL


            Harbor management plans will be reviewed and approved by the Secretary of State in the same
            manner as an LWRP or an amendment to an LVIRP.


            For a harbor management plan to be approved, it must incorporate, to an extent commensurate
            with the circumstances of the municipality seeking approval, those elements described earlier in
            the contents section of these guidelines.

            Local laws or ordinances to implement the harbor management plan are to be developed in
            consultation with the Department of State, and are to be submitted to the Department of State
            for review and comment a reasonable time prior to the scheduling of any public hearing
            concerning such local law or ordinance.

            In order to ensure the effectiveness of local laws or ordinances to implement a harbor
            management plan developed under the delegation authority of Section 922 of the Executive Law,
            it is necessary for the Secretary of State and municipalities to approve and adopt local laws and
            ordinances in a coordinated manner. Prior to submitting a harbor management plan for the
            Secretary of State's approval, the local laws or ordinances necessary to fully implement the
            harbor management plan should be adopted by municipalities. However, these local laws or
            ordinances will not become effective unless and until they are approved by the Secretary of
            State. Therefore, it is suggested that the effectiveness of the laws or ordinances and the
            Secretary's approval be concurTent, ie., the laws or ordinances should be written so that they
            become effective immediately upon approval by the Secretary of State.

            AwNmE,NT OF AN APPROVED HARBOR MANAGEMENT PLAN


            Harbor management plans may be amended as amendments to an approved LVIRP, in the same
            manner as an amendment to an LVRP (see LVRZP Handbook).












            WITHDRAwAL OF AN APPROVED LW" OR ]EIA"OR MANAGEMENT PLAN


            If a' municipality decides to withdraw from the Local Waterfront Revitalization Program or
            decides to withdraw its approved harbor management plan, all of the benefits to the local
            government derived from the Secretary of State's approval of the LWRP and the harbor
            management plan will be terminated. The benefits that will be terminated include, but are not
            limited to, any funding or technical assistance, and the effect of any authority delegated to the
            local government to implement the harbor management plan by local laws or ordinances or
            portions of local laws or ordinances, that required approval of the Secretary of State. For
            example, if a municipality did not have the authority to regulate in-water structures prior to
            approval of the harbor management plan, and the Secretary of State approved a harbor
            management plan and the local laws necessary to implement the plan by regulating in-water
            structures, the Secretary of State's approval of those laws is automatically withdrawn, and the
            force and effect of the local laws are terminated. All of the benefits of federal and state
            consistency with the LWRP and harbor management plan will also be terminated.

            SPECIAL CIRCUMSTANCES


            Expedited Harbor Management Plan

            To accommodate the realities of size, complexity, location or other uniqueness and the need for
            timely action, municipalities may submit a written request to the Secretary of State for
            pennission to prepare an expedited harbor management plan. Such a request is required to
            specify the circumstances that would justify approval of such a request. If the Secretary
            approves such a request, the approval may include terms and conditions applicable to the
            permission to develop an expedited harbor management plan, and will specify additional
            requirements for the approval of the harbor management plan and its implementing legislation.
            The following two circumstances are ones which might warrant such a request:

            ï¿½      Multiple Harbor Areas in a Single Municipality

                   Some cities and towns possess several discrete harbors. It may not be practical to
                   develop a detailed harbor management plan as outlined above for all these areas in a
                   reasonable period of time. Therefore, a municipality may submit a LWRP with a harbor
                   management plan component that is more general in nature. Such a component should
                   establish general policies with regard to the use of surface waters and regulation of in-
                   water structures. A schedule should be included for the development of more detailed
                   harbor management planning for each of the municipality's harbors.

            ï¿½      More Than One Municipality in a Harbor Area




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                    Many harbor areas are shared by several municipalities. An ideal harbor management
                    plan for these harbors would of necessity require the participation and cooperation of all
                    municipalities sharing the harbor area. Such a cooperative harbor management plan is
                    strongly encouraged. However, in order to avoid undue delay in completing a LWRP
                    where the possibility of cooperative harbor management among several municipalities is
                    foreseeable but not immediate, a municipality may submit a general harbor management
                    plan along the lines outlined above in anticipation that a more detailed harbor
                    management plan will be developed as part of an intermunicipal cooperative effort.

            More Than One Municipality with Regulatory Authority in the Same Harbor Area

            In some circumstances another municipality may regulate, or have the authority to regulate,
            harbor activities within 1500' of the shore of the municipality that is preparing a harbor
            management plan. This situation is most likely to dccur in Nassau and Suffolk Counties. There,
            a town may have authority to regulate certain harbor activities, such as docks or other structures
            in water, within 1500' of the shore of a city, village, or town whose corporate boundary is at
            the shoreline or less than 1500' from shore. In these circumstances it is necessary to avoid
            having potentially conflicting laws apply. To achieve this the municipality preparing the harbor
            management plan may either avoid regulating the activities subject to the other municipality's
            jurisdiction or it may enter into an intermunicipal agreement that spells out how the
            municipalities will share responsibilities for regulating the activities. The latter is encouraged.

            It is important to note that the need to avoid a conflict applies to regulation arising from a
            municipality's police powers, and not to regulation based solely on a municipality's proprietary
            interests, that is, from ownership of underwater lands. Nevertheless, to avoid conflicting
            regulation under the latter circumstances as well, it is strongly encouraged that the municipalities
            agree on cooperative management. This problem of conflicting laws is not likely to occur
            elsewhere in the State because State law does not allow towns to regulate within 1500' of a city
            or village, it does not generally provide authority to regulate docks or other structures in water,
            and towns do not generally own underwater lands outside of Nassau and Suffolk Counties. The
            Department of State will advise a municipality that is initiating a harbor management plan
            whether the potential for a conflict of laws is present and with regard to what activities.

            Inland programs (outside of the State's defined coastal area)

            Municipalities on designated inland waterways are not required to incorporate a harbor
            management plan as a component of a LV;", but may and are encouraged to do so.
            Municipalities on lakes specifically designated as inland waterways may not prepare lakewide
            cooperative harbor management plans. They may prepare individual harbor management plans.





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            TERMS AND DEFINITIONS


            The following is a general guide to the definitions of some of the terms used in these guidelines,
            and except for the terms "comprehensive harbor management plan", "harbor management plan",
            and " water-dependent use" are not legal definitions or definitions found in any overriding federal
            or State statutes. Many of these terms and definitions may be changed or used differently in
            harbor management plans and their implementing legislation.

            Comprehensive Harbor Management Plan - a plan to address the problems of conflict,
            congestion and competition for space in the use of harbors, surface waters and underwater lands
            of the state within a city, town or village or bounding a city, town or village to a distance of
            fifteen hundred feet from shore.


            Harbor or Pierhead Line - a line designated by the local legislative body of a city, town or
            village, or the State or federal government or an agency of the State or federal government,
            represented on   a harbor management plan map, that is the waterward limit of any in-water
            structure such as docks, piers, gangways, ramps, groins, jetties or any other structure projecting
            from the shoreline.


            Bulkhead Line - a line designated and represented in the same manner as a harbor or pierhead
            line, but representing the waterward limit of any bulkhead, seawall, fill material, revetment, or
            similar structure.


            Harbor Management Area - all surface waters and underwater lands lying within a city, town
            or village and, where the municipal limits of a city, town or village end at the water's edge, all
            surface waters and underwater lands within 1500' of the shore of a city, town or village.

            Perimeter Area - a boundary of a docking facility, mooring area or other in-water use area
            consisting of a series of connected imaginary lines on a plan or map, drawn generally
            perpendicular and parallel to the shore, that encompasses all related structures or uses such as
            docks, bulkheads, breakwaters, pilings, floats, piers, platforms, moorings, or swimming or
            boating areas, that function to create a facility or area for specific uses.

            Water-dependent Use - an activity which can only be conducted on, in, over or adjacent to a
            water body because such activity requires direct access to that water body, and which involves,
            as an integral part of such activity, the use of the water.








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                                                 I'D IE k T U



                                              BIBLIOGRAPHY


           "A Guide To Managing Recreational Boating Areas", U.S. Department of Transportation, June,
           1983.


           Catskill Harbor Management Plan, Village of Catskill, New York. June, 1994.

           New York/New Jersey Harbor Estuary Water Use Management Study, New York City
           Department of City Planning and New Jersey Department of Environmental Protection,
           February, 1991.

           North Atlantic Water Dependent Use Study, Managing the Shoreline for Water Dependent Uses
           and Guidebook to the Economics of Waterfront Planning and Water Dependent Uses, prepared
           for the New England/New York Coastal Zone Task Force by the Marine Law Institute,
           University of Maine School of Law, December, 1988

           NYS Criminal Procedures Law, Sections 2.10, 2.20, and 2.30.

           NYS Executive Law, Article 42 and 19 NYCRR Parts 600, 601, and 603.

           NYS Navigation Law, Sections 32-e, 46, 46-a.

           NYS Town Law, Section 130.17.

           Oswego LWRP, 1994

           Ports and Harbors: Our Link To The Water. Proceedings of the Eleventh International.
           Conference, October 1988, Boston, Massachusetts. The Coastal Society.

           Putting the Public Trust Doctrine to Work, Coastal States Organization, November, 1990.

           Town of Hempstead Structures in Waterways Law

           Village of Mamaroneck LWRP Amendments, 1994

           Village of Mamaroneck Underwater Lands Study, 1986.





           Clunpguide. I \SCR/mab7/94



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