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This entry was published on 2023-09-22
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Executive (EXC) CHAPTER 18, ARTICLE 42
§ 911. Definitions. As used in this article, the following terms shall
have the meaning ascribed to them, unless the context otherwise

1. "Coastal area" shall mean (a) the state's coastal waters, and (b)
the adjacent shorelands, including landlocked waters and subterranean
waters, to the extent such coastal waters and adjacent lands are
strongly influenced by each other including, but not limited to,
islands, wetlands, beaches, dunes, barrier islands, cliffs, bluffs,
inter-tidal estuaries and erosion prone areas. The coastal area extends
to the limit of the state's jurisdiction on the water side and inland
only to encompass those shorelands, the uses of which have a direct and
significant impact on the coastal waters. The coastal area boundaries
are as shown on the coastal area map on file in the office of the
secretary of state as required in section nine hundred fourteen of this

2. "Coastal area boundaries" shall mean the boundaries prepared by the
secretary of state pursuant to section forty-seven of chapter four
hundred sixty-four of the laws of nineteen hundred seventy-five.

3. "Coastal waters" means 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 von Kull and Arthur Kill, Long
Island sound and the Atlantic ocean, and their connecting water bodies,
bays, harbors, shallows and marshes.

4. "Inland waterways" shall mean (a) the state's major inland lakes
consisting of lakes Baldwin, Ballston, Big Tupper, Black, Brant,
Campfire, Canadarago, Canandaigua, Carmel, Casse, Cazenovia, Cayuga,
Champlain, Charles, Chateaugay, Chautauqua, Chazy, Conesus, Cranberry,
Dean Pond (in the county of Putnam), Drew, East Caroga, Dickiebusch,
Echo (in the county of Westchester), George, Gilead, Glencoma, Great
Sacandaga, Honeoye, Indian, Journeys End, Junior (in the county of
Westchester), Furnace Brook, Katonah, Kentwood, Keuka, Kirk, Kitchawan,
Little Wolf (in the county of Franklin), Lincolndale, Long, Lost (in the
county of Putnam), Meahagh, Mirror, MacGregor, Mahopac, Minerva,
Mohegan, Nimham, Neatahwanta, Northville, Oceola, Oneida, Onondaga,
Oscaleta, Ossi, Otisco, Otsego, Owasco, Palmer, Paradox, Peach,
Peekskill, Placid, Purdys, Putnam, Raquette, Rippowam, Ronkonkoma,
Round, Sacandaga, Saratoga, Schroon, Secor, Seneca, Shenorock,
Skaneateles, Silver (in the county of Wyoming), Sagamore, Saranac, Seven
Hills, Simon (in the county of Franklin), Sparkle, Tibet, Tonetta,
Teakettle Spout, Truesdale, Waccabuc, West Caroga, White (in the county
of Sullivan) and Wixon, and the Fulton chain of lakes; (b) the state's
major rivers comprised of the Allegheny, Ausable, Battenkill, Black,
Boquet, Bronx, Canisteo, Chaumont (including Chaumont bay), Chemung,
Chenango, Cohocton, Delaware, Deer, Genesee, Grasse, Great Chazy,
Hoosic, Hudson north of the federal dam at Troy, Indian, Little (in the
Adirondack park), Little Ausable, Little Salmon (including north and
south branches), Mad, Mettowee, Mohawk, Oswegatchie, Oswego, Pocantico,
Racquette, Sacandaga, Salmon, Saranac, Saw Mill, Schroon, St. Regis,
Susquehanna, Tenmile, Tioga, Tioughnioga, Wallkill and Buffalo rivers,
and the north and middle branches of the Moose river; (c) the state's
major creeks comprised of the 18 Mile Creek located in Erie county,
Chittenango Creek, Bash Bish and Kinderhook Creek located in Columbia
county, Kinderhook Creek located in Rensselaer county, Basher Kill,
Bushkill, Cattaraugus, Cayadutta, North Chuctanunda, Cincinnati, East
Kill, Esopus (including upper and lower branches), Ferguson, Fish
(including east and west branches), Gooseberry, Great Valley, Kennyetto,
Little Sandy, Moyer, Mud Creek located in Oneida county, Ninemile Creek,
Onondaga, Oriskany, Peekskill Hollow, Reall, Roeliff Jansen Kill,
Rondout, Sandy, Sauquoit, Schoharie, Shawangunk Kill, Six Mile Creek,
South Sandy, Oatka, Tonawanda, West Kill, Scajaquada, Wappinger,
Webatuck, Wassaic, Willsey in the village of Wurtsboro, Wood Creek
located in Herkimer county, Wood Creek located in Oneida county, Black
Creek located in Monroe county, Black Creek located in Genesee and
Wyoming counties, Ellicott Creek located in Erie county, Wynantskill,
Claverack, Taghkanic, Agawamuck, Wyomanock, and Ley Creek and Butternut
Creek located in Onondaga county, Nanticoke and Sawkill (in Ulster
county), Saw Kill and Fall Kill located in Dutchess county, Otter Kill
Creek located in Orange county, Black Meadow Creek located in Orange
county, and the Silver Lake Outlet located in Wyoming county; (d) the
Barge Canal System as defined in section two of the canal law; and (e)
the adjacent shorelands to the extent that such inland waters and
adjacent lands are strongly influenced by each other including, but not
limited to, islands, wetlands, beaches, dunes, barrier islands, cliffs,
bluffs and erosion prone areas.

5. "State agency" means 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 governor.

6. "Comprehensive harbor management plan" shall mean 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 abounding a city, town or village to a
distance of fifteen hundred feet from shore. A harbor management plan
must consider regional needs and, where applicable, must consider the
competing needs of commercial shipping and recreational boating,
commercial and recreational fishing and shellfishing, aquaculture and
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 such lands underwater.

7. "Water dependent use" means 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.