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This entry was published on 2014-09-22
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Floating objects other than aids to navigation
Navigation (NAV) CHAPTER 37, ARTICLE 3
§ 35-a. Floating objects other than aids to navigation. 1. The
commissioner may authorize, through the issuance of a revocable permit,
the placing in the navigable waters of the state, of mooring buoys,
bathing beach markers, swimming floats, speed zone markers, or any other
floating object having no navigational significance, if in his opinion
the placing of such floating object will not be a hazard to navigation.

2. The commissioner is hereby authorized to make rules and regulations
for the issuance of such permits and he shall establish a uniform system
of marking all floating objects that he authorizes to be placed.

3. Adjacent upland owners may place one mooring buoy and one swimming
float of not more than one hundred square feet of surface area, in the
waters adjacent to and within the boundaries of their shoreline,
provided however, that no floating object and no vessel or part thereof
which is secured to a mooring buoy shall at any time extend more than
one hundred feet from shore and further provided that no floating object
may be placed in a navigable channel or in any location in which it will
interfere with free and safe navigation or free access to another
person's property. The commissioner shall have the right to remove or
alter the location of any such buoy or float in the interest of

4. The commissioner may, by rule, regulation, or order, designate
lakes, or areas within lakes, in which fishing buoys may be placed. The
commissioner shall specify the size, shape, color and material of
construction for such buoys, the manner of placing same and the type of
ground tackle to be used. No fishing buoys may be placed in the
navigable waters of the state except as specified by the commissioner in
rules and regulations authorized herein.

5. The commissioner may prescribe a reasonable service charge to cover
the cost of issuance of permits authorized by this section. Revenues
from such service charges shall be deposited into the "I love NY
waterways" boating safety fund established pursuant to section
ninety-seven-nn of the state finance law.

6. The provisions of this section which pertain to the mooring of
vessels shall not apply to areas in which local ordinances so pertaining
have been duly approved by the commissioner or in which areas federal
laws or rules and regulations regulate the anchoring or mooring of

7. A violation of this section or the rules and regulations authorized
herein shall constitute an offense punishable by a fine of not to exceed
fifty dollars.