2006 New York Code - Management Of Sand And Gravel Resources.

 
    § 22. Management  of sand and gravel resources. 1. The commissioner of
  general services is authorized  to  manage,  license  and  regulate  the
  removal  of sand, gravel or other material by dredging or otherwise from
  state owned  land  now  or  formerly  under  water,  except  such  lands
  specified  in  subdivision  two  of  this section, and to collect rents,
  royalties or other fees in connection  therewith.  The  commissioner  is
  also  authorized  to manage the use of such lands under water, including
  but not limited to the filling in thereof, in any  way  and  to  collect
  rents and fees in connection therewith, subject to applicable regulatory
  statutes.
    2.  There  are  excluded  from  the  commissioner's  authorization  by
  subdivision one of this section the following functions and actions:
    a. The taking of sand, gravel or other materials  from  lands  of  the
  state  under  the  waters of Lake Erie bordering upon Chautauqua county,
  except that the commissioner may license  and  regulate  the  taking  of
  sand,  gravel  and  other  materials  from  lands of the state under the
  waters of Lake Erie at the mouths of  Walnut  creek,  Silver  creek  and
  Cattaraugus  creek,  in  the town of Hanover, Chautauqua county, and may
  prescribe the terms and conditions under which the same  may  be  taken,
  including the amount of license fees.
    b. The taking of sand, gravel or other materials from the lands in, on
  or  bordering  upon  Long Island, except that when in the opinion of the
  United States government, as evidenced  by  the  recommendation  of  the
  corps  of  engineers  of  the  United  States army and authorized by the
  secretary of the army, removal of such sand, gravel or  other  materials
  becomes  necessary  for  the improvement of navigation, the commissioner
  may license and regulate the removal of such materials upon  such  terms
  and conditions as he may deem advisable, including the amount of license
  fees therefor.
    c.  The  management and use of any such lands under water appropriated
  to any department or agency except upon written consent of the  head  of
  that department or agency.
    3.  License fees shall not be discriminatory, but this provision shall
  not require the fixing of a uniform license fee  throughout  the  state.
  After  the  adoption  of  regulations  by  the commissioner, it shall be
  unlawful to take or remove from lands of the state under water any sand,
  gravel or  other  material  without  license  issued  pursuant  to  this
  section.
    4.  The  commissioner  may,  in his discretion and upon such terms and
  conditions, including consideration, as  to  him  shall  seem  just  and
  proper,  authorize  the taking of soil from state land under water where
  such soil is to be taken by an upland  owner  bordering  on  state  land
  under water for the improvement or the protection of his upland from the
  action of the water, or for the restoration, in whole or in part, of his
  upland where there has been sudden washing away and loss of soil thereof
  by  violent  storm  and  consequent avulsion, but where the title to his
  land has not been lost,  the  boundary  line  remaining  the  same.  The
  preceding   provisions  of  this  section,  respecting  the  management,
  regulation, licensing or taking of sand, gravel or other  material  from
  state  land  under  water,  are  not  affected  by the provisions hereof
  respecting the taking of soil by the upland owner.