Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 34-0103
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 34
§ 34-0103. Definitions.

1. "Activities or development" shall mean any land use, construction
or placement by any person of a structure, or any action which
materially alters the condition of land, including grading and
excavating or other disturbance of soil. The term shall include the
division of land into lots, parcels or sites.

2. "Coastal erosion" or "erosion" shall mean loss or displacement of
land along the coastline due to the action of waves, currents running
along the shore, tides, wind-driven water or water-borne ice or other
impacts of coastal storms. It shall also mean loss or displacement of
land along the coastline due to the action of wind, runoff of surface
waters, or groundwater seepage.

3. "Coastal erosion hazard area" or "erosion hazard area" shall mean
those areas of the coastline:

(a) Which are determined as likely to be subject to erosion within a
forty-year period. The inland boundary of such areas shall be determined
on the basis of shoreline recession analysis and other pertinent studies
and surveys by starting at the bluff edge or most landward point of
active erosion and measuring along a line which is normal to the line of
mean high water a distance which is forty times the long-term average
annual rate of shoreline recession, where such average annual recession
rate is at least one foot; or

(b) Which constitute natural protective features, the alteration of
which might reduce or destroy the protection afforded other lands
against erosion, or lower the reserves of sand or other natural
materials available to replenish storm losses through natural processes.

The erosion hazard area is to be identified as provided in section
34-0104 of this article and shall be the area within which new
activities or development shall be reviewed to effectuate the policies
and purposes of this article to minimize damage caused by erosion to
structures and to prevent damage to natural protective features caused
by activities or development, as provided for in section 34-0108 of this

4. "Coastline" shall mean the lands adjacent to the state's coastal
waters, including lakes Erie and Ontario, the St. Lawrence and Niagara
rivers, the Hudson river south of the federal dam at Troy, the East
river, the Harlem river, the Kill van Kull and Arthur Kill, Long Island
sound and the Atlantic ocean, their connecting water bodies, bays,
harbors, shallows and marshes.

5. "Erosion protective structure" shall mean a structure specifically
designed to reduce or prevent erosion including man made protection
features created by landfill or deposition.

6. "Land" shall mean the earth, on or below the surface of the ground,
including water and air above.

7. "Local government" shall mean a village, town (outside the area of
any incorporated village), city or county.

8. "Natural protective features" shall mean without limitation,
beaches, dunes, shoals, bars, spits, barrier islands, bluffs and
wetlands; associated natural vegetation shall also be considered as part
of such natural protective features.

9. "Person" shall mean any individual, public or private corporation,
political subdivision, government agency, partnership, association,
firm, trust, estate or any other legal entity whatsoever.

10. "State agency" shall mean any department, bureau, commission,
board, public authority or other agency of the state, including any
public benefit corporation, any member of which is appointed by the

11. "Structure" shall mean any object constructed, installed or placed
on land or in water, including, but not limited to, buildings, permanent
sheds, mobile homes, tanks, bulkheads, piers, docks, groins, jetties and
any additions or alterations thereto.

12. "Significant fish and wildlife habitat" shall mean habitats which
are essential to the survival of a large portion of a particular fish or
wildlife population, support rare or endangered species, are found at a
very low frequency within a geographic area, support fish or wildlife
populations having significant commercial or recreational value or would
be difficult or impossible to replace.