2021 New York Laws
ENV - Environmental Conservation
Article 34 - Coastal Erosion Hazard Areas
34-0103 - Definitions.

§ 34-0103. Definitions.
  1.  "Activities  or development" shall mean any land use, construction
or placement  by  any  person  of  a  structure,  or  any  action  which
materially   alters   the  condition  of  land,  including  grading  and
excavating or other disturbance of soil.  The  term  shall  include  the
division of land into lots, parcels or sites.
  2.  "Coastal  erosion" or "erosion" shall mean loss or displacement of
land along the coastline due to the action of  waves,  currents  running
along  the  shore,  tides, wind-driven water or water-borne ice or other
impacts of coastal storms. It shall also mean loss  or  displacement  of
land  along  the  coastline due to the action of wind, runoff of surface
waters, or groundwater seepage.
  3. "Coastal erosion hazard area" or "erosion hazard area"  shall  mean
those areas of the coastline:
  (a)  Which  are determined as likely to be subject to erosion within a
forty-year period. The inland boundary of such areas shall be determined
on the basis of shoreline recession analysis and other pertinent studies
and surveys by starting at the bluff edge  or  most  landward  point  of
active erosion and measuring along a line which is normal to the line of
mean  high  water  a distance which is forty times the long-term average
annual rate of shoreline recession, where such average annual  recession
rate is at least one foot; or
  (b)  Which  constitute  natural protective features, the alteration of
which might reduce  or  destroy  the  protection  afforded  other  lands
against  erosion,  or  lower  the  reserves  of  sand  or  other natural
materials available to replenish storm losses through natural processes.
  The erosion hazard area is to be identified  as  provided  in  section
34-0104  of  this  article  and  shall  be  the  area  within  which new
activities or development shall be reviewed to effectuate  the  policies
and  purposes  of  this  article to minimize damage caused by erosion to
structures and to prevent damage to natural protective  features  caused
by activities or development, as provided for in section 34-0108 of this
article.
  4.  "Coastline"  shall  mean the lands adjacent to the state's coastal
waters, including 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 van Kull and Arthur Kill, Long  Island
sound  and  the  Atlantic  ocean,  their  connecting water bodies, bays,
harbors, shallows and marshes.
  5. "Erosion protective structure" shall mean a structure  specifically
designed  to  reduce  or  prevent  erosion including man made protection
features created by landfill or deposition.
  6. "Land" shall mean the earth, on or below the surface of the ground,
including water and air above.
  7. "Local government" shall mean a village, town (outside the area  of
any incorporated village), city or county.
  8.  "Natural  protective  features"  shall  mean  without  limitation,
beaches,  dunes,  shoals,  bars,  spits,  barrier  islands,  bluffs  and
wetlands; associated natural vegetation shall also be considered as part
of such natural protective features.
  9.  "Person" shall mean any individual, public or private corporation,
political  subdivision,  government  agency,  partnership,  association,
firm, trust, estate or any other legal entity whatsoever.
  10.  "State  agency"  shall  mean  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.

  11. "Structure" shall mean any object constructed, installed or placed
on land or in water, including, but not limited to, buildings, permanent
sheds, mobile homes, tanks, bulkheads, piers, docks, groins, jetties and
any additions or alterations thereto.
  12.  "Significant fish and wildlife habitat" shall mean habitats which
are essential to the survival of a large portion of a particular fish or
wildlife population, support rare or endangered species, are found at  a
very  low  frequency  within a geographic area, support fish or wildlife
populations having significant commercial or recreational value or would
be difficult or impossible to replace.