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








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








             Limits on State Expenditures in Hazard Areas



 ,7                       309 Project of Special Merit




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



                                    June 1994











              INTRODUCTION

                      This is the 3' and final performance report on the progress of activities related to
              creating an executive order to limit state agency expenditures in coastal hazard areas and Coastal
              Barrier Resource Areas (CBRA) within the State of New York. This action was recommended
              by the State Task Force on Coastal Resources, and recently by the Govemor's Task Force on
              Coastal Erosion. To implement this recommendation and achieve the objectives within the 309
              Grant from the Office of Ocean and Coastal Resources Management, the Department of State,
              Division of Coastal Resources and Waterfront Revitalization began by investigating the potential
              impacts of such an executive order. Based on this analysis, it was concluded that the executive
              order target those activities funded by the State which encourage new development in coastal
              hazard areas (FEMA V-Zones and State Coastal Erosion Hazard Areas). A draft executive order
              was prepared using the CBRA legislation and infonnation developed in the analysis of impacts.



              REVIEW OF EXECUTIVE ORDER AND SUBNHSSION TO GOVERNOR'S OFFICE


                      During this quarter the draft executive order was thoroughly reviewed by Department of
              State (DOS) legal staff and appropriate changes where incorporated. Additional in-house review
              and discussion followed to further refine the executive order. The revised executive order and
              the analysis of potential impacts were distributed to pertinent State agencies for review
              (attachment 1). At the same time, a copy of the executive order was sent to the Govemor's
              office for consideration (attachment 2).

                      One significant issue identified in the reviews is how the executive order will be
              implemented. As presently written, most actions which promote new development through the
              use of State funds in Coastal Barrier Resource Areas and coastal hazard areas are prevented
              unless exception is granted by DOS. This could be viewed unfavorably by other agencies, thus
              jeopardizing acceptance by the Govemor's Office. Altematively, compliance with the executive
              order could be left to the discretion of the individual agencies, but this could result in ineffective
              application. A middle ground would be for DOS to develop specific guidelines for agency
              application of the executive order. The manner in which compliance with the executive order
              will be enforced will be detennined after review comments are received from other agencies and
              the Govemor's office.


                      It is anticipated that comments from other agencies and the Govemor's Office win be
              received during the next month. These comments will be used to revise the executive order into
              a final form for submission to the Govemor for signature.






         ATTACHMENT 1



                                       CELS101'


                                 STATE OF NEW YORK
                                DEPARTMENT OF STATE

                                ALBANY. N.Y. 1223 1 -0001

          GAIL S. SHAFFER
         SECRETARY OF STATE
                               MEMORANDUM



         TO:      Honorable Rudy Runko
                  Director, Division of the Budget

         FROM:    Gail S. Shaffer

         SUBJECT: Proposed Executive Order on State Agency Expenditures in Coastal Hazard Areas

         In its November 1991 report, the Governor's Task Force on Coastal Resources recommended
         that: "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
         hazard areas, and in additional areas identified in the regional elements ...... The Governor's
         Coastal Erosion Task Force is making a similar recommendation to: "Limit State agencies from
         expending funds which promote new development in coastal hazard areas and Coastal Barrier
         Resources Act areas."

         In accordance with these recommendations, the Department of State's Division of Coastal
         Resources and Waterfront Revitalization analyzed the potential impacts that this Executive Order
         could have. The analysis concluded that the Order should focus only on prevention of new
         development in coastal hazard areas and coastal barrier resource areas. A copy of the analysis,
         explaining the Coastal Barrier Resource Act, is provided for your information.

         Based on the analysis, a proposed Executive Order has been prepared. I would appreciate
         receiving your comments by July 29th on the enclosed copy. In particular, I would value your
         thoughts on the exceptions to the Executive Order. As presently worded, many exceptions
         would be contingent upon approval by the Department of State. Alternatively, policing of
         exceptions could be left to interpretation by individual State agencies. A possible middle ground
         is for the Order to direct the Department of State and/or others to develop specific guidelines
         which would provide a basis for self-policing by agencies. Upon receipt of your comments, we
         will revise the proposed Executive Order and forward it to the Governor's Office.

         GSS:Ivs
         Attachment
         cc:   Joe Martens
               Laura Chasin
               David Boyle
               Peter Sistrom







                                      Olinted o-ecwled oane,






               ATTACHMENT 1




                                                      STATE OF NEW YORK
                                                     DEPARTMENT OF STATE

                                                     ALBANY. N.Y. 1223 1 -0001
                  GAIL S. SHAFFER
                SECRETARY OF STATE
                                                 MEMORANDUM



               TO:           Honor-able Langdon J. Marsh, Commissioner
                             Department of Environmental Conservation

               FROM:         Gail S. Shaffer


               SUBJECT:      Proposed Executive Order on State Agency Expenditures in Coastal Hazard Areas

               In its November 1991 report, the Govemor's Task Force on Coastal Resources recommended
               that: "The Govemor should issue an Executive Order requiring State Agencies to limit public
               subsidies and expenditures in federally identified Coastal Barrier Resources Act areas, in coastal
               hazard areas, and in additional areas identified in the regional elements  ...... The Govemor's
               Coastal Erosion Task Force is making a similar recommendation to: "Limit State agencies from
               expending funds which promote new development in coastal hazard areas and Coastal Banier
               Resources Act areas."


               In accordance with these recommendations, the Department of State's Division of Coastal
               Resources and Waterfront Revitalization analyzed the potential impacts that this Executive Order
               could have. The analysis concluded that the Order should focus only on prevention of new
               development in coastal hazard areas and coastal barrier resource areas. A copy of the analysis,
               explaining the Coastal Barrier Resource Act, is provided for your infonnation.

               Based on the analysis, a proposed Executive Order has been prepared. I would appreciate
               receiving your comments by July 29th on the enclosed copy. In particular, I would value your
               thoughts on the exceptions to the Executive Order. As presently worded, many exceptions
               would be contingent upon approval by the Department of State. Alternatively, policing of
               exceptions could be left to interpretation by individual State agencies. A possible middle ground
               is for the Order to direct the Department of State and/or others to develop specific guidelines
               which would provide a basis for self-policing by agencies. Upon receipt of your comments, we
               will revise the proposed Executive Order and forward it to the Govemor's Office.

               GSS:Ivs
               Attachment
               cc:    Joe Martens
                      Laura Chasin
               o      David Boyle
                      Peter Sistrom






                                                          4ri wimed on,ecvcIed,.oe,






               ATTACHMENT 1




                                                      STATE OF NEW YORK
                                                    DEPARTMENT OF STATE

                                                     ALBANY. N.Y. 12231 -0001

                 GAIL S. SHAFFER
                SECRETARY OF STATE
                                                 MEMORANDUM



               TO:           Honorable Joan Davidson, Commissioner
                             Office of Parks, Recreation and Historic Preservation


               FROM:         Gail S. Shaffer


               SUBJECT:      Proposed Executive Order on State Agency Expenditures in Coastal Hazard Areas

               In its November 1991 report, the Governor's Task Force on Coastal Resources recommended
               that: "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
               hazard areas, and in additional areas identified in the regional elements  ...... The Governor's
               Coastal Erosion Task Force is making a similar recommendation to: "Limit State agencies from
               expending funds which promote new development in coastal hazard areas and Coastal Barrier
               Resources Act areas."


               In accordance with these recommendations, the Department of State's Division of Coastal
               Resources and Waterfront Revitalization analyzed the potential impacts that this Executive Order
               could have. The analysis concluded that the Order should focus only on prevention of new
               development in coastal hazard areas and coastal barrier resource areas. A copy of the analysis,
               explaining the Coastal Barrier Resource Act, is provided for your information.

               Based on the analysis, a proposed Executive Order has been prepared. I would appreciate
               receiving your comments by July 29th on the enclosed copy. In particular, I would value your
               thoughts on the exceptions to the Executive Order. As presently worded, many exceptions
               would be contingent upon approval by the Department of State. Alternatively, policing of
               exceptions could be left to interpretation by individual State agencies. A possible middle ground
               is for the Order to direct the Department of State and/or others to develop specific guidelines
               which would provide a basis for self-policing by agencies. Upon receipt of your comments, we
               will revise the proposed Executive Order and forward it to the Governor's Office.

               GSS:Ivs
               Attachment
               m      Joe Martens
                      Laura Chasin
                      David Boyle
                      Peter Sistrom







                                                          rs orinted on recycled oaoer






               ATTACHMENT 1




                                                    STATE OF NEW YORK
                                                   DEPARTMENT OF STATE

                                                   ALBANY. N.Y. 12231 -000 1
                GAIL S. SHAFFER
               SECRETARY OF STATE
                                                 MEMORANDUM



               TO:           Honorable Vincent Tese, Commissioner
                             Department of Economic Development

               FROM:         Gail S. Shaffer

               SUBJECT:      Proposed Executive Order on State Agency Expenditures in Coastal Hazard Areas

               In its November 1991 report, the Governor's Task Force on Coastal Resources recommended
               that: "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
               hazard areas, and in additional areas identified in the regional elements  ...... The Governor's
               Coastal Erosion Task Force is making a similar recommendation to: "Limit State agencies from
               expending funds which promote new development in coastal hazard areas and Coastal Barrier
               Resources Act areas."


               In accordance with these recommendations, the Department of State's Division of Coastal
               Resources and Waterfront Revitalization analyzed the potential impacts that this Executive Order
               could have. The analysis concluded that the Order should focus only on prevention of new
               development in coastal hazard areas and coastal barrier resource areas. A copy of the analysis,
               explaining the Coastal Barrier Resource Act, is provided for your information.

               Based on the analysis, a proposed Executive Order has been prepared. I would appreciate
               receiving your comments by July 29th on the enclosed copy. In particular, I would value your
               thoughts on the exceptions to the Executive Order. As presently worded, many exceptions
               would be contingent upon approval by the Department of State. Alternatively, policing of
               exceptions could be left to interpretation by individual State agencies. A possible middle ground
               is for the Order to direct the Department of State and/or others to develop specific guidelines
               which would provide a basis for self-policing by agencies. Upon receipt of your comments, we
               will revise the proposed Executive Order and forward it to the Governor's Office.

               GSS:Ivs
               Attachment
               cc:    Joe Martens
                      I-aura Chasin
                      David Boyle
                      Peter Sistrom







                                                        f*4 miot@d on rpcvcled Daner





              ATTACHMENT 1




                                                     STATE OF NEW YORK
                                                   DEPARTMENT OF STATE
                                                    ALBANY, N.Y. 1223 1 -0001

                 GAIL S. SHAFFER
               SECRETARY OF STATE
                                                MEMORANDUM



              TO:           Anthony Gerniano, Director
                            State Emergency Management Office

              FROM:         Gail S. Shaffer

              SUBJECT:      Proposed Executive Order on State Agency Expenditures in Coastal Hazard Areas

              In its November 1991 report, the Governor's Task Force on Coastal Resources recommended
              that:"'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
              hazard areas, and in additional areas identified in the regional elements ...... The Governor's
              Coastal Erosion Task Force is making a similar recommendation to: "Limit State agencies from
              expending funds which promote new development in coastal hazard areas and Coastal Barrier
              Resources Act areas. "

              In accordance with these recommendations, the Department of State's Division of Coastal
              Resources and Waterfront Revitalization analyzed the potential impacts that this Executive Order
              could have. The analysis concluded that the Order should focus only on prevention of new
              development in coastal hazard areas and coastal barrier resource areas. A copy of the analysis,
              explaining the Coastal Barrier Resource Act, is provided for your information.

              Based on the analysis, a proposed Executive Order has been prepared. I would appreciate
              receiving your comments by July 29th on the enclosed copy. In particular, I would value your
              thoughts on the exceptions to the Executive Order. As presently worded, many exceptions
              would be contingent upon approval by the Department of State. Alternatively, policing of
              exceptions could be left to interpretation by individual State agencies. A possible middle ground
              is for the Order to direct the Department of State and/or others to develop specific guidelines
              which would provide a basis for self-policing by agencies. Upon receipt of your comments, we
              will revise the proposed Executive Order and forward it to the Governor's Office.

              GSS:Ivs
              Attachment
              cc:     Joe Martens
                      Laura Chasin
                      David Boyle
                      Peter Sistrom








                                                         -L J ofinted on recycled DaDer






            ATTACHMENT I                                                             DRAFT

            Executive Order No. : Limiting expenditure of State funds which promote
            new development in coastal barrier resource and coastal hazard areas.

                  WHEREAS, new development in coastal hazard areas could significantly
            increase the threats to public health and safety from the effects of hurricanes,
            winter storms, and long term erosion and flooding; and

                  WHEREAS, continued development in coastal barrier resource areas and
            coastal hazard areas could significantly increase the economic burden to the public
            for emergency response and protection from long term erosion and flooding; and

                  WHEREAS, sea level rise can be expected to continue in the future causing
            increased shoreline erosion and flooding, thus increasing the potential for damage
            to new development in hazard areas; and

                  WHEREAS9 such areas as designated coastal barrier resource areas are
            wor 'thy of protection because of their open space character, aesthetic value, and
            wealth of natural resources unique in New York;

                  NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of New
            York, by virtue of the authority vested in me by the Constitution and Laws of the
            State of New York, do hereby order that all State agencies cease expenditure of
            present and future funds in coastal hazard areas and coastal barrier resource areas,
            which promote new residential and non-residential development, except as noted
            below.   Such funds include, but are not limited to, contracts, grants, loans,
            cooperative agreements, use of equipment and personnel, and other direct and
            indirect expenditures which promote or guarantee construction of infrastructure,
            utilities, any structures, or other projects which facilitate, expedite, plan, or
            otherwise aid in the potential promotion of new development of coastal hazard
            areas and coastal barrier resource areas. Such projects also include construction
            or purchase of any road, airport, boat landing facility or other facility on, or
            bridge or causeway to, any coastal hazard area or coastal barrier resource area;
            and the carrying out of any project to prevent the erosion of, or to oth6rwise
            stabilize, any inlet, shoreline, nearshore or inshore area, except as noted below.





            ATTACHMENT 1                                                            DRAFT

            I. Definitions

            A. The term "coastal barrier resource area" shall mean any one of the 90 marine
            or Great Lakes coastal areas designated and mapped under the Coastal Barrier
            Resources Act of 1982, (P.L. 97-348), and any areas designated and mapped under
            the Coastal Barrier Improvement Act of 1990 (P.L. 101-591), as administered by
            the U.S. Fish and Wildlife Service, and any future designations that may occur
            through amendments to these laws. Copies of maps showing the boundaries of
            designated coastal barrier resource areas in New York State are available from the
            U.S. Fish and Wildlife Service and the New York State Department of State.

            B. The term "coastal hazard area" shall mean any marine or Great Lakes coastal
            area included within the Erosion Hazard Area as designated by the State
            Department of Environmental Conservation pursuant to the Coastal Erosion Hazard
            Areas Act of 1981 (Article 34 of the Environmental Conservation Law), and any
            marine or Great Lakes coastal area included within a V-zone as designated on
            Flood Insurance Rate Maps prepared by the Federal Emergency Management
            Agency pursuant to the National Flood Insurance Act of 1968 (P.L. 90-448) and
            the Flood Disaster Protection Act of 1973 (P.L. 93-234). This Executive Order
            includes changes to the map boundaries of Erosion Hazard Areas and V-zones as
            they may be adjusted to account for changes in coastal conditions. Copies of maps
            showing the Erosion Hazard Area boundary are available from the Department of
            Environmental Conservation. Copies of maps showing the boundary of V-zones
            are available from the Federal Emergency Management Agency, the Department
            of Environmental Conservation, the Department of State, and local government
            offices.


            C -   The term "new development" means any land or water use activity,
            construction, or placement by any person of a structure or appurtenance, or any
            action which materially alters the condition of subaerial and submerged lands and
            waters, including grading and excavating or other disturbance of the soil which
            commences after the date of this Executive Order. New development also includes
            additions to existing structures which result in a 25 percent or greater increase in
            usable space, and restoration of a structure, the cost of which equals or exceeds
            50 percent of the estimated full replacement cost of the structure at the time of
            restoration.


            D. The term "State agency" means any department, bureau, commission, board,
            public authority, or other entity of the government of the State of New York,
            including any public benefit corporation, any member of which is appointed by the
            Governor.






            ATTACIMENT I                                                            DRAFT

            II. Exceptions

            A. This order is not intended to preclude expenditures by federal agencies
            determined to be consistent with the New York State Coastal Management
            Program, nor by local governments, or private individuals.

            B. It is not the intent of this order to limit expenditure of State funds for the
            following purposes: funding which is a condition of a State permit process; or
            assistance pursuant to programs entirely unrelated to promotion of new
            development, such as State retirement benefits or welfare benefits.            Other
            exceptions may be allowed after consultation with the Secretary of State, including
            the maintenance of existing public channel improvements, public shoreline
            protection, and related public structures, including the disposal of dredge material
            related to such improvements; the maintenance, replacement, reconstruction, or
            repair, but not the expansion, of publicly-owned or operated roads, structures, or
            facilities that are essential links in a larger network or system; the maintenance,
            replacement, reconstruction, or repair, but not the expansion, of existing coastal
            development; new development for water dependent uses which require a location
            in a coastal hazard area, including public recreational facilities; projects for the
            study, management, protection, and enhancement of natural resources and
            recreation; scientific research, including atmospheric, geologic, marine, fish and
            wildlife, and other research, development, and applications such as the monitoring
            of coastal erosion impacts, consistent with this order; acquisition of land for
            purposes of recreation, open space, and reduction of coastal hazard impacts; soft-
            structural projects for shoreline stabilization that are designed to mimic, enhance,
            or restore natural stabilization systems; and, assistance for emergency actions
            essential to the saving of lives and the protection of public health and safety that
            are necessary to alleviate the emergency.






         ATTACHMENT I




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








              Limits on State Expenditures in. Hazard Areas
                                  Analysis of Impacts









                                      June 1994






               ATTACIMENT I

               Introduction


                      The explicit and implied goals of the Coastal Barrier Resources Act (CBRA) include
               protection of natural resources, reduction of federal costs for coastal management, and reduction
               in dependence on engineering solutions to coastal erosion problems. The CBRA achieves these
               goals by prohibiting expenditure of federal funds which promote development on barrier
               landforms. The inherent policy is that public dollars should not be spent to support unwise
               development of hazardous coastal locations.

                      Since passage of the Coastal Barrier Resources Act in 1982 there has been discussion in
               New York State of limiting State agency expenditures within federally designated areas. This
               idea was formally recommended by the Governor's Task Force on Coastal Resources in its final
               report of November, 1991. The recommendation stated: " The Governor should issue an
               Executive Order requiring State Agencies to limit public subsidies and expenditures in federally
               identified Coastal Barrier Resource Act areas, in coastal high hazard areas, and in additional
               areas identified as such in the regional elements... " The Task Force expressed concern for State
               expenditures for public services and infrastructure which promote unwise use of hazardous
               coastal locations. The recommendation was not intended to preclude open space acquisition or
               public expenditures to provide reasonable public access to the shore for recreation. A similar
               proposal by the Governor's Task Force on Coastal Erosion recommends State action that would
               focus on areas designated in the federal CBRA legislation and coastal hazard areas. Coastal
               hazard areas are defined as Coastal Erosion Hazard Areas (CERA's) designated in the State
               Coastal Erosion Hazard Areas Act and V-zones designated on federal Flood Insurance Rate
               Maps. These recommendations are in keeping with CBRA findings which stated the need for
               a program of coordinated action by Federal, State, and local governments to ensure appropriate
               use and conservation of coastal barriers.



               Background

               Coastal Barrier Resources Act        The Department of Interior established a task force in 1977
               to map the Atlantic and Gulf Coast barrier chain that remained undeveloped and unprotected by
               public ownership. The concern was that undeveloped barrier landforms, an important natural
               resource, were rapidly disappearing because of a sharp increase in coastal development. This
               concern was heightened by a General Accounting Office report which indicated that the National
               Flood Insurance Program was providing an incentive to coastal development. The work of the
               task force, combined with some of the latest research regarding the resource value of barrier
               islands and the potential impacts of development and attendant shore protection, resulted in the
               Coastal Barrier Resources Act. Signed on October 18, 1982, the Act (P.L. 97-348) established
               a Coastal Barrier Resources System (CBRS) to be administered by the U.S. Fish and Wildlife
               Service. The system included 656 miles of "undeveloped barrier shoreline" requiring protection.
               Undeveloped barriers are depositional geologic features that consist of unconsolidated
               sedimentary materials subject to wave, tidal, and wind energies, which protect landward aquatic
               habitats from direct wave attack, and have a development density of less than I structure per five






               ATTACHMENT 1

               acres. Furthermore, inclusion in the system was limited to areas not included within the
               boundaries of an area already protected under Federal, State, or local law or held by a qualified
               organization primarily for wildlife refuge, sanctuary, recreational, or natural resource
               conservation purposes.

                      Protection was afforded through a prohibition on all expenditure of federal funds for
               development, including flood insurance. Section 5 of the Coastal Barrier Resources Act
               provided that "no new expenditure or new financial assistance may be made available under
               authority of any Federal law for any purpose within the Coastal Barrier Resources System..."
               Financial assistance is clarified to mean any form of direct or indirect assistance, including but
               not limited to construction or purchase of any structure, appurtenance, facility or related
               infrastructure; the construction or purchase of any road, airport, boat landing facility, or other
               facility on, or bridge or causeway to, any system unit; and the carrying out of any project to
               prevent the erosion of, or to otherwise stabilize, any inlet, shoreline, or inshore area, except in
               cases where an emergency threatens life, land, and property immediately adjacent to that unit.
               After October 1983 the CBRA amended the National Flood Insurance Act to eliminate any new
               flood insurance coverage for any new construction or substantial improvements of structures
               located on any coastal barrier within the CBRS. However, federally insured financial institutions
               were still permitted to make loans secured by structures which were not eligible for flood
               insurance as a result of this Act.


                      Exceptions to the use of federal funds in CBRS units include general revenue-sharing
               grants; FDIC type bank account insurance; the Federal purchase of mortgages or loans; funding
               incident to a Federal permit process; or, assistance pursuant to programs entirely unrelated to
               development, such as any Federal or Federally assisted public assistance program or any Federal
               old-age survivors or disability insurance program. Other exceptions may be allowed after
               consultation with the Secretary of the Interior, including any use or facility necessary for the
               exploration, extraction, or transportation of energy resources which can be carried out only on,
               in, or adjacent to coastal water areas; the maintenance of existing channel improvements and
               related structures, including the disposal of dredge materials related to such improvements; the
               maintenance, replacement, reconstruction, or repair, but not the expansion, of publicly-owned
               or operated roads, structures, or facilities that are essential links in a larger network or system;
               military activities essential to national security; the construction, operation, maintenance, and
               rehabilitation of Coast Guard facilities and access thereto; projects for the study, management,
               protection, and enhancement of fish and wildlife resources and habitats, and recreational
               projects; the establishment, operation, and maintenance of air and water navigation aids and
               devices; scientific research; assistance for emergency actions that are necessary to alleviate the
               emergency; nonstructural. projects for shoreline stabilization that are designed to mimic, enhance,
               or restore natural stabilization systems; and projects under the Land and Water Conservation
               Fund Act of 1965 and the Coastal Zone Management Act of 1972. All federal agencies
               administering programs within the system were affected. CBRA recognized that federally
               funded infrastructure projects and flood insurance were supporting inappropriate development
               on barrier islands. Within New York State 12 areas were included in the CBRS (Table 1, unit
               numbers begin with F).


                                                                2






              ATTACHMENT I


              The Coastal Barrier Improvement Act         The Coastal Barrier Improvement Act (CBIA) (P.L.
              10 1 -59 1) was signed into law on November 16, 1990. Its purpose was to reauthorize and amend
              the CBRA. Among other amendments, it expanded the CBRS, adding many new areas around
              the nation and within New York State (Table 1, unit numbers begin with NY). "Otherwise
              protected" units were designated for areas held for conservation purposes under Federal, State,
              or local law, or held by an approved organization. The CBIA amends the National Flood
              Insurance Act to state that structures built within these otherwise protected areas after November
              16, 1991 will not be eligible for Federal flood insurance unless the structures "are used in a
              manner consistent with the purpose for which the area is protected. " If elected by the local
              owner, otherwise protected areas could be fully included in the CBRS, which would eliminate
              all federal subsidies for development. CBIA also directs the U.S. Fish and Wildlife Service to
              at least once every 5 years review the CBRS maps and make such minor and technical
              modifications to boundaries as may be necessary to correct for results of natural forces.


              Analysis

              Impact of Federal Laws in New York State Along the coast of New York approximately 90 areas
              have been designated as either otherwise protected (Table 1, unit number followed by "P") or
              CBRS areas. There is no evidence available to specifically address the impact of the CBRA in
              most units around the State. Although no new development has occurred at most sites since
              1982, the contribution of CBRA in causing this cannot easily be separated from other factors,
              such as the economic recession. Nevertheless, the lack of Federal funds, particularly flood
              insurance, has presumably deterred some coastal development along protected barriers.
              However, development continued in at least one area despite its CBRS designation. The barrier
              spit east of Shinnecock Inlet was included in the CBRS in 1982, but development of single-
              family residences continued. AN of the homes that were constructed were expensive, large@
              structures, each probably exceeding $1 million in value. Apparently, elimination of federal
              flood insurance, which has a claims cap of $240,000 per structure (including contents), was not
              a major factor in deterring development of this site. In addition, there are several sites in New
              York where boundary locations for CBRS units are being challenged by property owners who
              either want to develop or relocate homes.

                     Examination of the CBRA consequences in New York State suggests that while it may
              be having the impact of reducing construction in certain areas of the coastline, the disincentive
              to development has a greater impact on lower income households. Lower income house holds
              have a greater dependency on federal support, especially flood insurance, and would be less
              likely to develop in an area where these subsidies were not available. Higher income
              households, however, would be less likely to need federal support since the amount available
              would be a relatively small percentage of total development costs for a large house. Such was
              the case for development in a CBRS unit near Shinnecock Inlet. The net result is a unstated
              program preference toward new coastal development only by high income households.



                                                              3






               ATTACHMENT 1


               Elimination of State Funds As presented above, the Governor's Task Force on Coastal
               Resources and the Task Force on Coastal Erosion have both recommended that State funds
               which promote development be eliminated in CBRS units. It is evident that simply eliminating
               Federal funds is not a deterrent to development in New York State. It is uncertain how much
               additional impact elimination of State funds would have in achieving the goals of the CBRA at
               designated sites. Development  'could still proceed with private and local government funding,
               however, it can be assumed that elimination of Federal and State funds would be a disincentive
               to further CBRS development.

                      Most, if not all, sites included in the CBRS are in coastal hazard locations. Preventing
               unwise development within hazardous sites is an important proactive coastal management goal
               that, over the long-term, will ensure public safety, protect natural resources, and reduce the use
               of limited public funds for unwise development and subsequent shoreline protection in coastal
               hazard areas. The long-term benefits to the State and its residents will outweigh any potential
               short term loss of development values at these hazardous sites. Where development values are
               high for private individuals and local governments, they can proceed with development at their
               cost. With this executive order the State would simply be executing wise fiscal responsibility
               by withhold funds which promote development in hazards areas; there is no attempt on the part
               of the State to block private development or to remove existing development through regulation,
               and thus the private property "takings" issue would not be a concern. The implementation
               procedure recommended by the Task Force on Coastal Resources was issuance of an Executive
               Order from the Governor's Office to direct State agencies to limit expenditures in CBRS units.
               The impact of this Executive Order would apply only to the areas listed in Table 1.

                      In addition to the elimination of State funds in Federal CBRS units, the Task Force on
               Coastal Resources and the Task Force on Coastal Erosion have also recommended expanding
               the ban on State funds which promote development to all coastal hazard areas. As defined by
               the Coastal Erosion Task Force, this would include all V-zones defined on National Flood
               Insurance Program Flood Insurance Rate Maps, and Coastal Erosion Hazard Areas defined by
               the Coastal Erosion Hazard Areas Act. This recommendation departs from several CBRA
               definitions, which could have significant impact if implemented.

                      As discussed above, in order for an area to qualify for inclusion in the CBRS it must be
               a barrier landform subject to wave and tidal action. In New York State, it is not certain if all
               V-zones meet this criteria. It is known that many CEHA's include bluff and mainland beaches.
               Thus, shoreline protection through elimination of State development funds could be extended to
               all coastal landforms. Furthermore, if all V-zone and CERA's are included in the State ban on
               development funds, heavily populated areas would be included along with undeveloped lands.
               As discussed above, CBRA only includes property with a development density of I structure per
               5 acres or less. V-zones and CERA's are defined regardless of the level of development.
               Implementation of this recommendation could result in no State funding for development
               (including shore protection if not exempted) in heavily developed areas. This would be in direct
               conflict with certain goals and principles developed by the Coastal Erosion Task Force, and


                                                               4






              ATTACHMENT I

              would likely meet with political opposition. However, review of V-zone maps and CEHA maps
              around the State suggests that most heavily developed shorelines are outside of the V-zones and
              CEHA erosion zones. For example, both the V-zone and the Erosion Hazard Line extend inland
              to the dunes, and thus exclude all residential and commercial structures in the heavily developed
              locations of Coney Island, Rockaway, Long Beach, and Bayville.

                     Despite the problems discussed, the Executive Order should proceed to limit State
              expenditures within CBRS units. Several options exist for implementation of a ban on State
              expenditures beyond the CBRS units. In order to minimize conflicts with the goals and
              principles of the Coastal Erosion Task Force the limit on State expenditures in V-zones and
              CEHA's could apply only to those areas which had defined minimum development densities.
              This would ensure protection for relatively undeveloped and natural shorelines. Alternatively,
              the limit on State dollars could apply to certain types of development projects. For example,
              some types of shore protection might still be permitted. This could be used to reinforce an
              expressed Task Force preference for use of soft erosion control methods, but elimination of hard
              alternatives in heavily developed areas could still be problematic. Elimination of State funds
              could be used to control new growth in hazard areas. Funds for new or expanded infrastructure
              could be eliminated while still permitting maintenance funding. Alternatively, some combination
              of expenditure limits and development density could be applied on a graduated scale. For
              example, State funding for all types of shore protection might be permitted in heavily developed
              areas, only soft protection methods in moderate and lightly developed areas, and no State
              expenditures for shoreline protection in undeveloped areas. Similar limits on funds promoting
              growth and development in V- zones and CEHA's could be generated for varying levels of.
              existing development.

                     Presently, the Governor's Task Force on Coastal Erosion is debating the appropriate level
              of State expenditure for shoreline protection at various locations. The Task Force has stated a
              preference toward protecting heavily developed shorelines. The Task Force has not eliminated
              the possibility of shore protection for moderate and lightly developed areas. Recent Task Force
              discussion has focused on providing shoreline protection to a level commensurate with benefits
              received by the State. Any effort to expand the CBRA concept beyond CBRS units would have
              to consider the final recommendations of the Coastal Erosion Task Force in order to avoid
              conflicts within the coastal management program.

                     Although each Task Force has recommended limiting State expenditures in CBRS units
              and coastal hazard areas to achieve the CBRA goals, each has also recommended that exceptions
              apply. A major concern is that State funding which promotes development for recreational
              purposes and public access to the shoreline, and        scientific research, not be eliminated.
              Likewise, many of the other exceptions listed in the CBRA and presented above, should have
              similar exceptions at the State level, and should be included in the Executive Order. Each of
              the CBRA exceptions should be reviewed for application to the State level. In some cases, the
              State may wish to eliminate some exceptions, such as an exception for mortgage funding from
              State chartered banks. In other cases, new exceptions should be included to ensure funding for
              state priorities, such as the coastal erosion monitoring program.


                                                              5






              ATTACHMENT 1


                     Given the need for distribution of CBRS unit maps to State agencies and the likelihood
              of questions regarding eligible funding, exceptions, and unit boundaries, the Executive Order
              could designate the Department of State as the point-of-contact for this effort. If the Executive
              Order simply includes present CBRS units, the cost for administratiod would be limited. If,
              however, the Executive Order includes a limit on State funds which promote development in V-
              zones and CEHA's, then the cost to the Department of State for mapping, distribution of
              materials, and answering inquiries could be significant and may require the addition of staff.

                     Enforcement of the executive order could have several options. The executive order
              could lay out very general guidelines for compliance, and have each agency consult with the
              Department of State for exceptions. This would have the advantage of ensuring that all actions
              are consistent with the State Coastal Management Program, but could impose a significant
              increase in work load on DOS and increase the review time required before agencies could
              undertake the action. Another alternative is to have each agency make their own determination
              as to the consistency of the expenditure with the executive order. This would minimize any time
              delay caused by the review, but consistency with the State coastal policies would not be assured.
              Furthermore, it is not clear that agencies would have the incentive to fairly implement the
              executive order as intended. A third alternative would be for the executive order to direct the
              Department of State, in consultation with the other affected agencies, to develop explicit
              guidelines for implementation. Once established, each agency could use them to guide its
              actions relative to the executive order. This would result in a compromise between stricter
              enforcement and review delays, but would increase the length of time before the executive order
              could be implemented.
























                                                              6





               ATTACHMENT I

                                                                                   TABLE I
                                                 COASTAL BARRIER RESOURCE SYSTEM UNITS IN NEW YORK STATE


                          UNIT               UNIT NAME               COUNTY        MUNICIPALITY                               LOCATION
                       NUMBER       I
                                                                           LONG ISLAND REGION

               I          FOI         Fisher Island Barrier          Suffolk      Southold            I-I Sound, Block Isl Sound, Stony Bch, Hay Hbr, Island
                                                                                                      Pond

               2          F02         Eatons Neck                    Suffolk      Asharoken           I-I Sound, Eatons Neck, Eatons Neck Pt

               3          F04         Crane Neck                     Suffolk      Old Field           I-I Sound, Crane Neck, Flax Pond

               4          FOS         Old Field Beach                Suffolk      Old Field, Port     I-I Sound, Old Field Bch, Mt. Misery Pt, Port Jefferson
                                                                                  Jefferson, Belle    Hbr
                                                                                  Terre, Poquoft,
                                                                                  Brookhaven

               5          F06         Shelter Island Barriers        Suffolk      Shelter Island      Gardiners Bay, Upper Bch, Lower Bch, Coecles Inlet,
                                                                                                      Nichols
                                                                                                               Pt, Reel Pt, Cedar Isl
               6          FOBA        Sammys Beach                   Suffolk      East Hampton        Gardiners; Bay, Sammys Bch, Three Mile Hbr,
                                                                                                      Maidstone Park Bch

               7          F08B        Acabonack Harbor               Suffolk      East Hampton        Gardiners Bay, Acabonack Hbr, Louse Pt, Gerard Park
               8          F09         Gardiners Island Barriers      Suffolk      East Hampton        Gardiners Bay/Block Isl Sound, Cartwright IsI, Cherry
                                                                                                      Hill Pt, Bostwick Pt, Bostwick Crk, Bostwick Bay, Great
                                                                                                      Pond, Tobaccolot Bay, Tobaccolot Pond, Cherry Hbr,
                                                                                                      Home Pond

               9          F10         Napeague                       Suffolk      East Hampton        Atlantic Ocean/Napeague Bay, Napeague Hbr
               10         Fil         Mecox                          Suffolk      Southampton         Atlantic Ocean, Mecox Bay, Watermill Bch
               11         F12         Southampton Beach              Suffolk      Southampton (V)     Atlantic Ocean, Shinnecock Bay, Shinnecock Spit
                                                                                  Southampton (T)


                                                                                       7





              ATTACHMENT I


                         UNIT               UNIT NAME             COUNTY       MUNICIPALITY                              LOCATION
                      NUMBER
              12     F13/F13P       Tiana Beach                   Suffolk     Southampton         Atlantic Ocean, Tiana Bch, East Pt, Shinnecock Bay,
                                                                                                  Shinnecock Inlet
            -13        NY-03        Sands Point                   Nassau      Sands Point         I-I Sound, west side of Sands Pt
              14       NY-04P       Prospect Point                Nassau      Sands Point         I-I Sound, Prospect Pt
              15       NY-05P       Dosoris Pond                  Nassau      Lattingtown         I-I Sound, East Bch, Dosoris Pond
                 I                                                            Glen Cove
              16   NY-06/NY-06P     The Creek Beach               Nassau      Lattingtown         LI Sound, The Creek Bch, Frost Crk, Stehil Bch, F
              17       NY-07P       Centre Island                 Nassau      Centre Island       I-I Sound, Centre Island Bch
                                                                              Bayville
            -18        NY-09P       Lloyd Beach                   Suffolk     Lloyd Harbor        Ll Sound, Lloyd Bch, West Neck Bch
              19       NY-10        Lloyd Point                   Suffolk     Lloyd Harbor        LI Sound/Cold Spring Hbr, Lloyd Pt
              20   NY-11/NY-11P     Lloyd Harbor                  Suffolk     Lloyd Harbor        LI Sound/Huntington Bay, East Bch, Lloyd Hbr, Sandy
                                                                              Huntington Bay      Pt, East Fort Pt
              21       NY-12        Centerport Harbor             Suffolk     Huntington          LI Sound/Northport Bay, Centerport Hbr, Centerport
                                                                                                  Bch
              22       NY-13        Hobart Beach                  Suffolk     Huntington          LI Sound/Huntington Bay/Northport Bay, Hobart Bch,
                                                                                                  West Bch

              23       NY-14        Crab Meadow                   Suffolk     Huntington          I-I Sound, Crab Meadow, Makamah Bch
              24       NY-15        Sunken Meadow                 Suffolk     Nissequogue         I-I Sound, Sunken Meadow State Park, Short Bch,
                                                                              Smithtown           Nissequogue River, Callahans Bch
              25       NY-16        Stony Brook Harbor            Suffolk     Nissequogue         I-I Sound, Long Bch, Youngs IsI, Stony Brook Hbr
                                                                              Smithtown
                                                                              Head of Harbor





              ATTACHMENT 1


                        UNIT                 UNIT NAME               COUNTY        MUNICIPALITY                                LOCATION
                      NUMBER

             26    NY-17/NY-17P Cedar Beach                          Suffolk      Port Jefferson       LI Sound, Cedar Bch, Mt. Sinai Hbr
                                                                                  Brookhaven

             27         NY-18         Wading River                   Suffolk      Brookhaven           I-I Sound, Wading River
                                                                                  Riverhead

             28         NY-19         Baiting Hollow                 Suffolk      Riverhead            I-I Sound, Fresh Pond Landing
             29         NY-20P        Luce Landing                   Suffolk      Southold             I-I Sound, near Luce Landing
             30         NY-21P        Mattituck Inlet                Suffolk      Southold             LI Sound, Mattituck Inlet, Mattituck Crk

             31         NY-22P        Goldsmith Inlet                Suffolk      Southold             I-I Sound, Goldsmith Inlet

             32         NY-23P        Truman Beach                   Suffolk      Southold             I-I Sound/Gardiners Bay, Orient Hbr, Truman Bch, Dam
                                                                                                       Pond

             33         NY-24         Plum Island                    Suffolk      Southold             Gardiners Bay, Plum Gut, Plum IsI, Pine Pt
             34         NY-25         Orient Beach                   Suffolk      Southold             Gardiners Bay, Orient Hbr, Long Bch, Orient Bch State
                                                                                                       Park, Long Bch Bay, Little Bay, Peters Neck, Browns Pt

             35         NY-26         Pipes Cove                     Suffolk      Southold             Pipes Cove, near Arshamonaque
             36         NY-27         Conkling Point                 Suffolk      Southold             Shelter Isl Sound, Conkling Pt
             37         NY-28         Southold Bay                   Suffolk      Southold             Shelter Isl Sound, Southold Bay, Goose Crk, Jockey
                                                                                                       Crk, Town Crk

             38         NY-29P        Cedar Beach Point              Suffolk      Southold             Little Peconic Bay, Cedar Bch Pt, Cedar Bch Crk
             39         NY-30         Hog Neck Bay                   Suffolk      Southold             Little Peconic Bay, Hog Neck Bay, Corey Crk,
                                                                                                       Richmond Crk

             40    NY-31/NY-31P       Little Creek                   Suffolk      Southold             Little Peconic Bay, Little Crk, Broadwater Cove
             41         NY-32         Downs Creek                    Suffolk      Southold             North Race/Great Peconic Bay, Downs Crk



                                                                                       9





              ATTACHMENT I


                        UNIT                UNIT NAME              COUNTY       MUNICIPALITY                               LOCATION
                      NUMBER

             42         NY-33        Robins Island                 Suffolk     Southold             North Race/Great Peconic Bay, NW corner of Robins
                                                                                                    Isl

             43         NY-34        East Creek                                       ead           Great Peconic Bay, East Crk
                                               I.                  Suffolk     Riverh

             44         NY-35        Indian Island                 Suffolk     Riverhead            Great Peconic Bay/Flanders Bay, Indian IsI, Terrys Crk
             45         NY-36        Flanders Bay                  Suffolk     Southampton          Flanders Bay, Goose Crk, Goose Crk Pt, Cow Yard,
                                                                                                    Birch Crk, Hubbard Crk, Red Cedar Pt

             46         NY-37        Red Creek Pond                Suffolk     Southampton          Great Peconic Bay, Red Creek Pond
             47         NY-38        Squire Pond                   Suffolk     Southampton          Great Peconic Bay, Squire Pond
             48         NY-39        Cow Neck                      Suffolk     Southampton          Great Peconic Bay, Sebonac Crk, Little Sebonac Crk,
                                                                                                    West Neck Crk, Island Crk, Scallop Pond
             49    NY-40/NY-40P      North Sea Harbor              Suffolk     Southampton          Little Peconic Bay, North Sea Hbr, Davis Crk, Towd Pt,
                                                                                                    Conscience Pt
             50    NY-41/NY-41P      Clam Island                   Suffolk     Southampton          Noyack Bay/Little Peconic Bay, Clam IsI, Noyack Crk,
                                                                                                    Jessup Neck, Morton NWR
             51         NY-42        Mill Creek                    Suffolk     Southampton          Noyack Bay, Mill Crk
             52    NY-43/NY-43P      Short Beach                   Suffolk     North Haven          Noyack Bay, Long Bch, Sag Hbr Cove, Paynes Crk
                                                                               Sag Harbor
                                                                               Southampton

             53         NY-44        Gleason Point                 Suffolk     North Haven          Shelter tsi Sound, Gleason Pt

             54         NY-45        Shell Beach                   Suffolk     Shelter Island       Shelter Isl Sound, West Neck Hbr, Shell Bch,
                                                                                                    Dickerson Crk

             55         NY-46        Crab Creek                    Suffolk     Shelter Island       Little Peconic Bay, Crab Crk Pt, Crab Crk
             56         NY-47        Hay Beach Point               Suffolk     Shelter Island       Gardiners Bay, Hay Bch Pt


                                                                                    10





              ATTACHMENT I


                         UNIT                 UNIT NAME              COUNTY        MUNICIPALITY                                 LOCATION
                       NUMBER

             57          NY-48        Mashomack Point                Suffolk      Shelter Island        Gardiners; Bay/Shelter Isl Sound, Mashomack Pt,
                                                                                                        Gibsons Bch, Majors Hbr

             58          NY-49        Smith Cove                     Suffolk      Shelter Island        Shelter Isl Sound, Smith Cove

             59          NY-50        Fresh Pond                     Suffolk      North Haven           Sag Harbor Bay, Fresh Pond
             60     NY-51/NY-51P      Northwest Harbor               Suffolk      East Hampton          Gardiners Bay, Northwest Harbor, Cedar Pt, Cedar
                                                                                                        Pond, Northwest Crk, Alewife Brook
             -61         NY-52        Hog Creek                      Suffolk      East Hampton          Gardiners Bay, Hog Creek
             62          NY-53        Big Reed Pond                 -Suffolk      East Hampton          Block Isl Sound, Big Reed Pond, Little Reed Pond
             -63         NY-54        Oyster Pond                    Suffolk      East Hampton          Block Isl Sound, Oyster Pond
             64          NY-55        Montauk Point                  Suffolk      East Hampton          Block Isl Sound, Montauk Point State Park, Fal
             65     NY-56/NY-56P      Amagansett                     Suffolk      East Hampton          Atlantic Ocean, Amagansett Bch
             66          NY-57        Georgica/Wainscott             Suffolk      East Hampton(T)       Atlantic Ocean, Georgica Pond, Wainscoft Pond,
                                      Ponds                                       East HamptonM         Wainscott Bch
             67          NY-58        Sagaponack Pond                Suffolk      Southampton           Atlantic Ocean, Sagaponack Pond
             68     NY-59/NY-5913     Fire Island                    Nassau       Hempstead             Atlantic Ocean, Lido Bch, Jones IsI, Fire Isi, Great
                                                                     Suffolk      Oyster Bay            South Bay, Oyster Bay, Moriches Bay, Cupsoque Bch
                                                                                  Babylon, Islip
                                                                                  Brookhaven
                                                                                  Saltaire
                                                                                  Ocean Beach
                                                                                  Southampton
             69         NY-60P        Jamaica Bay                    Kings        New York City         Atlantic Ocean, Jamaica Bay, Rockaway Bch, Plumb
                                                                     Queens                             Bch, Floyd Bennett Field, Rulers Bar Hassock,
                                                                                                        Canarsie Pol, Old Mill Crk, Jacob Rils Park





              ATTACHMENT 1
                         UNIT                 UNIT NAME               COUNTY I MUNICIPALITY                                      LOCATION
                      NUMBER


                                                                            GREAT LAKES REGION

             70          NY-61        Wilson Bay                     Jefferson     Cape Vincent         Lake Ontario, Wilson Bay
             71          NY-62        Grenadier Island               Jefferson     Cape Vincent         Lake Ontario, Grenadier Island
             72          NY-63        Fox Island                     Jefferson     Cape Vincent         Lake Ontario, Fox IsI, Basin Hbr, Little Grenadier Island
             73          NY-64        The Isthmus                    Jefferson     Lyme                 Lake Ontario, The Isthmus, Chaumont Bay

             74          NY-65        Point Peninsula                Jefferson     Lyme                 Lake Ontario, Point Peninsula

             75          NY-66        Hounsfield                     Jefferson     Hounsfield           Lake Ontario, NE tip of Stony Isl
             76          NY-67        Dutch John Bay                 Jefferson     Hounsfield           Lake Ontario, Stony Isl
             77          NY-68        Sherwin Bay                    Jefferson     Brownville           Lake Ontario, Sherwin Bay
             78          NY-69        Association Island             Jefferson     Henderson            Lake Ontario, Snowshoe Bay, Six Town Pt
                                                                                   Hounsfield

             79          NY-72        North Pond                     Jefferson     Ellisburg            Lake Ontario, North Pond & barriers
                                                                     Oswego        Sandy Creek
             80          NY-73        Deer Creek Marsh               Oswego        Richland             Lake Ontario, Deer Crk, N. of Selkirk
             81          NY-74        Grindstone Creek               Oswego        Richland             Lake Ontario, Grindstone Crk, S. of Selkirk Shores
             82          NY-75        Butterfly Swamp                Oswego        New Haven            Lake Ontario, Butterfly Crk, Butterfly Swamp
             83          NY-76        Walker                         Oswego        City of Oswego       Lake Ontario, NE. of City of Oswego
                                                                                   Scriba

             84          NY-77        Snake Swamp                    Oswego        Town of Oswego       Lake Ontario, Snake Swamp, SW of City of Oswego
           IF85          NY-78        Juniper Pond                   Cayuga        Sterling             Lake Ontario, Juniper Pond


                                                                                        12





              ATTACHMENT I


                         UNIT                 UNIT NAME               COUNTY        MUNICIPALITY                                 LOCATION
                       NUMBER
               86        NY-79         Blind Sodus Bay                Cayuga       Sterling              Lake Ontario, Blind Sodus Bay, W. of Little Sodus Bay
                                                                      Wayne        Wolcott
             -87         NY-82         PortBay                        Wayne        Wolcott               Lake Ontario, E. of Port Bay
               88        NY-84         Maxwell Bay                    Wayne        Sodus                 Lake Ontario, Maxwell Bay, Salmon Crk
               89        NY-86         Bogus Point                    Monroe       Parma                 Lake Ontario, between Bogus Pt and Payne Bch
            L--90        NY-87         Big Sister Creek               Erie         Evans                 Lake Erie, Big Sister Crk, N. of Angola-on-the-Lake











                                                                                        13







   A

            ATTACHMENT 2

                                                                     W


                                                                tXCELS10 -


                                                       STATE OF NEW YORK
                                                      DEPARTMENT OF STATE

                                                      ALBANY. N.Y. 12231 -0001
                  GAIL S. SHAFFER
                SECRETARY OF STATE
                                                   MEMORANDUM


            TO:            Joseph Martens


            FROM:          James N. Baldwin


            SUBJECT:       Proposed Executive Order on State Agency Expenditures in Coastal Hazard Areas

            In its November 1991 report, the Governor's Task Force on Coastal Resources recommended that:
            "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 hazard areas, and
            in additional areas identified in the regional elements ...... The Governor's Coastal Erosion Task Force
            is making a similar recommendation to: "Limit State agencies from expending funds which promote
            new development in coastal hazard areas and Coastal Barrier Resources Act areas."

            In accordance with these recommendations, the Department of State's Division of Coastal Resources
            and Waterfront Revitalization analyzed the potential impacts that this Executive Order could have.
            The analysis concluded that the Order should focus only on prevention of new development in coastal
            hazard areas and coastal barrier resource (CBRA) areas through removal of State financial support for
            projects which support new development. A copy of the analysis, explaining the Coastal Barrier
            Resource Act, is provided for your information.

            Based on the analysis, a proposed Executive Order has been prepared. A draft copy is attached for
            your information. Our examination of the location of hazard and CBRA areas indicates the Executive
            Order would affect only a thin strip of land parallel to the Great Lakes and the marine shoreline. In
            most locations there is no existing development within this strip, so the impact would only be a
            deterrent to new development. However, in a few locations, such as Fire Island and along sections
            of the Long Island north shore bluffs, presently developed land is within the hazard zone. State
            support for new development in these areas would be affected. Numerous exceptions are presented
            in the Order.


            We have distributed the draft Executive Order to other State agencies for their review and comment.
            Based on agency comments, the Executive order will be revised and forwarded to you for additional
            review.


            JNB:1vs
            Attachment
            cc:      David Boyle                                     Identical copies of the executive order and the analysis of impacts
                     Laura Chasin                                    which accompanied the previous memo - attachment 1. - were included
                                                                     with this memo to the Governor's Office.
                     Peter Sistrom







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