S T A T E O F N E W Y O R K
________________________________________________________________________
7277
2023-2024 Regular Sessions
I N A S S E M B L Y
May 17, 2023
___________
Introduced by M. of A. SIMONE, GLICK -- read once and referred to the
Committee on Cities
AN ACT to amend the Hudson river park act, in relation to prohibiting a
heliport within the boundaries of the Hudson river park
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature finds that the
planning, development and operation of the Hudson river park as a public
park continues to be a matter of state concern. As detailed in the
Hudson river park act, chapter 592 of the laws of 1998 as amended, the
creation, development, operation and maintenance of the Hudson river
park will enhance and protect the natural, cultural and historic aspects
of the Hudson river, enhance and afford quality public access to the
river, allow for an array of cultural and recreational programs and
provide a host of other public benefits. The changes to the 1998 law by
this act are intended to further enhance and protect the river and
increase public access and enjoyment of the Hudson river park.
§ 2. Paragraph (g) of section 3 of chapter 592 of the laws of 1998,
constituting the Hudson river park act, as amended by chapter 517 of the
laws of 2013, is amended to read as follows:
(g) "Park/commercial use" means a use that is not a prohibited use and
is compatible with park use, and that is:
(i) a transportation water dependent use, including commercial mari-
time and marine ferry terminals;
(ii) an entertainment, retail, restaurant, broadcast, television, or
film or media studio facility, commercial recreational use, commercial
amusements, performing arts, schools and educational facilities;
(iii) limited parking spaces incidental to permitted uses;
(iv) solely at piers 59, 60, and 61 and the headhouse (commonly known
as "Chelsea Piers") the uses authorized at such piers and headhouse as
of the effective date of this act; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11360-01-3
A. 7277 2
(v) [a non-tourism/non-recreation heliport for commercial and emergen-
cy transportation use; and
(vi)] solely at pier 57, business, professional or governmental
offices[;].
§ 3. Paragraph (j) of section 3 of chapter 592 of the laws of 1998,
constituting the Hudson river park act, as amended by chapter 517 of the
laws of 2013, is amended to read as follows:
(j) "Prohibited use" means any of the following uses:
(i) residential;
(ii) manufacturing, except in furtherance of and incidental to park
uses, provided that small scale creation of artisan foods or other craft
products shall not be considered manufacturing;
(iii) warehousing;
(iv) hotel;
(v) incompatible governmental uses;
(vi) casino and riverboat gambling, and the docking of vessels to be
used substantially for gambling or for transportation to such a vessel;
(vii) any facility for motorized aircraft, including a heliport
[except a heliport which is defined as a park/commercial use];
(viii) commercial office, except office space that is incidental to a
permitted use, and further provided that such prohibition shall not
apply to pier 57; and
(ix) other uses determined by the trust to be incompatible with the
purposes of this act.
§ 4. Paragraph (m) of section 3 of chapter 592 of the laws of 1998,
constituting the Hudson river park act, as amended by chapter 517 of the
laws of 2013, is amended to read as follows:
(m) "Water dependent use" excludes any prohibited use and means:
(i) any use that depends on utilization of resources found in the
water section;
(ii) recreational activities that depend on access to the water
section, such as fishing, boating, swimming in such waters, passive
enjoyment of the Hudson river and wildlife protection and viewing;
(iii) facilities and incidental structures needed to dock and service
boats;
(iv) scientific and educational activities that by their nature
require access to marine reserve waters; AND
(v) [the development, operation and maintenance of a non-tourism/non-
recreational heliport located between west 29th and west 32nd streets
provided (A) that there shall be no structures other than the helicopter
take-off or landing pads built on floating structures; and (B) such
floating structures shall be no higher than a pier deck at low tide; and
(vi)] mooring or docking of a barge used as part of a cultural, educa-
tional, historic or other public programming in the park; provided that
no more than two barges may be moored or docked per year and provided
further that the duration of any such mooring or docking of a barge
shall be limited to six months per year at any location within the boun-
daries of the park.
§ 5. Paragraph (i) of subdivision 9 of section 7 of chapter 592 of the
laws of 1998, constituting the Hudson river park act, as amended by
chapter 517 of the laws of 2013, is amended to read as follows:
(i) Consistent with the general project plan, the area of the park
east of the bulkhead line shall be used solely for park use and to
permit access to permitted uses; provided that this limitation shall not
apply to (i) those areas east of the bulkhead line that are occupied by
pier headhouses or other pier-related structures at the base of piers
A. 7277 3
57, 59, 60, and 61; OR (ii) [a one story heliport terminal building,
fuel tank structure and five accessory parking spaces used in connection
with a water dependent non-tourism/non-recreational heliport to be
located on a floating structure located between west 29th and west 32nd
streets provided that the landing and takeoff area located east of the
bulkhead may continue to operate until the landing and takeoff area west
of the bulkhead is completed and operational; or (iii)] an interim
commercial recreational use along the upland park area between 29th and
34th streets, provided that: (A) any such related enclosed structure
shall not exceed two stories; (B) any such use and any related enclosed
structure shall not exceed a maximum of two hundred feet in length and
shall maintain open view corridors to the Hudson river from streets
running towards and away from the park and shall not be located within
any designated visual corridors consistent with and to the extent
required under the city of New York zoning requirements; and (C) such
interim upland commercial recreational use shall not be permitted to be
located or continue to operate after July 1, [2024] 2028.
§ 6. If any provision of this act, or any application of any provision
of this act, is held to be invalid, or to violate or be inconsistent
with any federal law or regulation, that shall not affect the validity
or effectiveness of any other provision of this act, or of any other
application of any provision of this act, which can be given effect
without that provision or application; and to that end, the provisions
and applications of this act are severable.
§ 7. This act shall take effect on the ninetieth day after it shall
become a law. Effective immediately, the Hudson river park trust and any
state or local official of appropriate jurisdiction may make regulations
and take other actions reasonably necessary to implement this act on
that date.