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This entry was published on 2021-11-12
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SECTION 46-A
Regulations of vessels
Navigation (NAV) CHAPTER 37, ARTICLE 4, PART 1
§ 46-a. Regulations of vessels. (1) The local legislative body of a
city or the board of trustees of a village may adopt, amend and enforce
local laws, rules and regulations not inconsistent with the laws of this
state or the United States, with respect to:

a. Regulating the speed and regulating and restricting the operation
of vessels while being operated or driven upon any waters within or
bounding the appropriate city or village, including any waters within or
bordering a village in the county of Nassau or Suffolk, to a distance of
fifteen hundred feet from the shore.

b. Restricting and regulating the anchoring or mooring of vessels in
any waters within or bounding the appropriate city or village to a
distance of fifteen hundred feet from the shore.

c. Restricting and regulating the anchoring or mooring of vessels in
such waters when used or occupied as living or sleeping quarters and;
providing time limits on duration of the stay of such vessels in such
waters and requiring inspection and registration of such vessels when so
used.

d. Restricting and regulating garbage removal from said vessels.

e. Designating public anchorage area or areas and regulating the use
thereof.

(2) The local legislative body of the village of Sodus Point and the
town of Huron in the county of Wayne, the villages of Croton-on-Hudson
and Mamaroneck and the town of Cortlandt in the county of Westchester,
the town of Stony Point in the county of Rockland, the town of Grand
Island in the county of Erie, the towns of Conesus, Geneseo, Groveland
and Livonia in the county of Livingston, the towns of Irondequoit,
Webster, and Penfield in the county of Monroe, the village of Greenwood
Lake and the town of Warwick in the county of Orange, the town of
Carlton in the county of Orleans, the village of Sackets Harbor in the
county of Jefferson, and the villages of Union Springs, Aurora and
Cayuga and the towns of Genoa and Ledyard in the county of Cayuga, the
town of Ithaca in the county of Tompkins, the city of Kingston and the
village of Saugerties in the county of Ulster and the town of Porter in
the county of Niagara, the village of North Haven in the county of
Suffolk, the towns of Fayette and Varick in the county of Seneca, and
the village of Skaneateles and the town of Skaneateles in the county of
Onondaga may adopt, amend and enforce local laws, rules and regulations
not inconsistent with the laws of this state or the United States, with
respect to the restriction and regulation of the manner of construction
and location of boathouses, moorings and docks in any waters within or
bounding the respective municipality to a distance of fifteen hundred
feet from the shoreline.

(4) a. The local legislative body of the city of Canandaigua and the
towns of Canandaigua, Gorham, South Bristol, Canadice and Richmond in
the county of Ontario and the towns of Middlesex and Italy in the county
of Yates may adopt, amend and enforce local laws, rules and regulations
not inconsistent with the laws of the United States, with respect to the
restriction and regulation of the manner of construction and location of
boathouses, moorings and docks in any waters within or bounding the
aforementioned cities and towns to a distance of 1500 feet from the
shoreline.

b. No such local law, rule or regulation shall take effect in the town
of Canandaigua, Gorham, South Bristol, Middlesex or Italy or in the city
of Canandaigua with regard to Canandaigua Lake, or in the town of
Canadice or Richmond with regard to Honeoye Lake until all respective
lakeshore municipalities unanimously agree by resolution to a set of
uniform standards that include at a minimum the length and density of
docks, the number of boats or boat slips allowed per lineal foot of
lakeshore for various land uses, the number of moorings and boathouses
allowed for various land uses, and the allowable dimensions and
locations for docks, and provided further that no such local law shall
take effect until it shall have been submitted to and approved in
writing by the commissioner of parks, recreation and historic
preservation and provided further that no future amendments to the
uniform standards shall take effect until all respective lakeshore
municipalities unanimously agree by resolution to the revised set of
uniform standards and such revised standards have similarly been
submitted to and approved in writing by the commissioner.

(5) The local legislative body of any city, town or village which is a
participating community as defined in subdivision ten of section 44-0103
of the environmental conservation law may adopt, amend and enforce local
laws, rules and regulations not inconsistent with the laws of this state
or the United States or with the Hudson river valley greenway compact,
with respect to the restriction and regulation of the manner of
construction and location of boathouses, moorings and docks in any
waters within or bounding the respective municipality to a distance of
fifteen hundred feet from the shoreline. Nothing in this subdivision or
in article forty-four of the environmental conservation law or in the
Hudson river valley greenway compact produced pursuant to such article,
shall be deemed to affect, impair or supersede the provisions of any
charter, local law, rule or other local requirements and procedures
heretofore or hereafter adopted by such participating community,
including, but not limited to, any such provisions relating to the
zoning and use of land or any waters within or bounding such
participating community to a distance of fifteen hundred feet from the
shoreline.

(6) a. The local legislative bodies of the towns of Barrington,
Jerusalem, Milo, Pulteney, Urbana and Wayne and the villages of
Hammondsport and Penn Yan in the counties of Steuben and Yates may
adopt, amend and enforce local laws, rules and regulations not
inconsistent with the laws of the United States, with respect to the
restriction and regulation of the manner of construction and location of
boathouses, moorings and docks in any waters within or bounding the
aforementioned towns and villages to a distance of fifteen hundred feet
from the shoreline.

b. No such local law, rule or regulation shall take effect in the
towns of Barrington, Jerusalem, Milo, Pulteney, Urbana or Wayne and the
villages of Hammondsport and Penn Yan with regard to Keuka Lake, until
all respective lakeshore municipalities unanimously agree by resolution
to a set of uniform standards that include at a minimum the length and
density of docks, the number of boats or boat slips allowed per lineal
foot of lakeshore for various land uses, the number of moorings and
boathouses allowed for various land uses, and the allowable dimensions
and locations for docks, and provided further that no such local law
shall take effect until it shall have been submitted to and approved in
writing by the commissioner and provided further that no future
amendments to the uniform standards shall take effect until all
respective lakeshore municipalities unanimously agree by resolution to
the revised set of uniform standards and such revised standards have
similarly been submitted to and approved in writing by the commissioner.

The provisions of this section shall be controlling notwithstanding
any contrary provisions of law.