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This entry was published on 2014-09-22
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Location of structures in or on navigable waters
Navigation (NAV) CHAPTER 37, ARTICLE 3
§ 32. Location of structures in or on navigable waters. 1.
Notwithstanding the provisions of subdivision two of section forty-six-a
of this chapter, no wharf, dock, pier, jetty, platform or other
structure built on floats, columns, open timber, piles or similar
open-work supports, temporary or permanent, shall be constructed,
installed, repaired, modified, expanded or otherwise placed by any
person in the navigable waters of the state or in a navigable channel or
replaced by any person in such waters or channel on or after the
effective date of this section after having been removed from such
waters or channel for a period in excess of thirty days so as to
interfere with the free and direct access to such waters from the
property, wharf, dock or similar structure of any other person unless
written permission is obtained therefor from such other person.

2. In case any written complaint shall be filed with the commissioner
of general services and he shall have cause to believe, or in case the
commissioner himself shall have cause to believe, that any person is
violating the provisions of this section or any rule or regulation
promulgated pursuant to this section, the commissioner shall cause a
prompt investigation to be made.

3. The commissioner shall have the power, after hearing on due notice,
to make and serve an order, setting forth the findings of fact and
conclusions therefrom, directing any person constructing, installing,
repairing, modifying, expanding or otherwise placing or using any such
structure to either move or remove the said structure or to reconstruct,
repair or modify the same within such reasonable time and in such manner
as shall be specified in said order, and it shall be the duty of every
such person to obey, observe and comply with such order and the
conditions therein prescribed. The commissioner is authorized to adopt,
amend, repeal and enforce such rules and regulations as he may deem
necessary to govern administrative procedures applicable to hearings
under this section.

4. It shall be unlawful for any person to fail, omit or neglect to
comply with such order or to fail to move, remove, reconstruct, repair
or modify said structure as provided in the order within a reasonable
time as designated by the commissioner.

5. Any person who fails, omits or neglects to comply with or otherwise
violates any such order shall be liable for a civil penalty of not more
than one hundred dollars for such violation and an additional civil
penalty of not more than one hundred dollars for each day during which
such violation continues, to be assessed by the commissioner.

6. The commissioner is hereby authorized to commence an action or
proceeding in a court of competent jurisdiction to compel compliance
with any order made and to recover any penalty assessed pursuant to the
provisions of this section.

7. Any civil penalty or order issued by the commissioner under this
section shall be reviewable in a proceeding under article seventy-eight
of the civil practice law and rules.

8. The provisions of this section shall not apply to marine terminals
including piers, wharves, docks, bulkheads, slips, basins and other
structures or facilities used in the transportation of waterborne cargo
or passengers in interstate or foreign commerce.