2006 New York Code - Location Of Structures In Or On Navigable Waters.

 
    § 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.