Public Notices
The Office of Planning and Development is required by state and federal regulations to issue public notices on various activities. See the listing below for more information on the program activities which require public notices.

Consistency Review

The Division of Development reviews the activities of federal agencies which may affect land and water uses and natural resources of New York State's federally defined coastal zone for consistency with the Coastal Management Program and approved Local Waterfront Revitalization Programs. These notices are issued during the course of the Division's review of proposed federal activities. They are issued weekly.

 


Local Waterfront Revitalization Programs

Prior to approval by the Secretary of State, the Division of Planning issues a 60-day public notice on a community's draft Local Waterfront Revitalization Program. In addition to seeking public comments, this notice indicates that the draft local program has been submitted to the Office for Coastal Management in the U.S. Department of Commerce for review and approval as a change to the State's Coastal Management Program. These notices are issued periodically.

There are no public notices at this time.


Coastal Management Program Amendments or Routine Changes

The Office of Planning and Development may periodically propose amendments or changes to the State's Coastal Management Program. Public notice will be issued by the Office indicating that a proposed amendment or routine change has been submitted to the Office for Coastal Management of the U.S. Department of Commerce for review and approval and, if necessary, indicate that a public hearing will be held. This notice may be issued for incorporating state designated significant coastal fish and wildlife habitats or scenic areas of statewide significance into the program, modifying the coastal zone boundary, changing the program's coastal policies or their enforceable laws and regulations, or other program revisions. A notice will also be issued by the Office indicating that an amendment or routine change has been approved by the U.S. Department of Commerce and stating the effective date of the amendment or change.

Public Notice - Notice of Routine Program Change for New York City LWRP Amendment



Consistency Review


New York State Department of State
Public Notice - F-2016-0092 (DA) Extended
Date of Issuance – June 29, 2016

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended. 

             The U.S. Army Corps of Engineers - New York District (ACOE) has determined that the proposed activity will be undertaken in a manner consistent to the maximum extent practicable with the enforceable policies of the New York State Coastal Management Program. The applicant's consistency determination and accompanying supporting information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue in Albany, New York.

            In F-2016-0092 (DA), the ACOE is proposing a flood risk management project along 1.82 miles of the Mamaroneck and Sheldrake Rivers in the Village of Mamaroneck, Westchester County, New York. The proposed project was authorized by Section 401(a) of the Water Resources Development Act of 1986 and includes channel modifications, retaining walls, bridge removal and replacement, a culvert, trapezoidal cuts along the rivers, and nonstructural measures applied to a maximum of eight residences and structural measures for one non-residential building. According to the information submitted to DOS, the proposed activities consist of the following:

            The proposed channel work on the Mamaroneck River will be approximately 2,400 ft on the segment of the Mamaroneck River south of I-95 and upstream of the confluence with the Sheldrake River and the segment stretching from south of the confluence to just downstream of the Tompkins Avenue Bridge also approximately 2,400 ft. For both segments the river channel will be deepened and widened to 1:2.5 side slopes and the channel bottom will be widened to 45 ft with 0.25% slope. Retaining walls and utilities will be removed and replaced as needed including the removal of the Ward Avenue Bridge. The District is currently revaluating the feasibility of replacing Ward Avenue Bridge.

             Along the Sheldrake River the proposed channel work will be approximately 3,470 ft from Fenimore Road to the confluence in Columbus Park. The river channel will be deepened and widened to 33 ft and 3.4 ft cut with 0.25% slope. Also proposed is rectangular channel modification upstream of the Mamaroneck Avenue Bridge. Retaining walls and utilities will be removed and replaced as needed including the removal/replacement of the Waverly Place Bridge. Three footbridges will be removed but not replaced including the Center Avenue footbridge and two footbridges in Columbus Park. At least one footbridge within Columbus Park will be replaced.  

            The proposed culvert will be a box culvert under the commuter parking lot located on the left bank of the Mamaroneck River just downstream of the Jefferson Avenue Bridge and will discharge almost directly into the Rail Road Bridge opening. The culvert is proposed to be 390 ft long with a slope of 0.36 ft per 100 ft, 25 ft wide, 8 ft high, and will be about 3 ft above the proposed bottom of the river and about 3.5 ft under the finish grade of the parking lot. The purpose of the proposed culvert is to divert a portion of the Mamaroneck River flow during a one year event or greater.

            The proposed retaining walls will be approximately 1,200 lf of riprap

along the Mamaroneck and Sheldrake Rivers. About 500 ft of riprap will be located roughly 200 ft both upstream and downstream of the N. Barry Ave. Extension Bridge along the Mamaroneck River and 700 ft of riprap at the 90 degree turn in the Sheldrake River located downstream of the Fenimore Rd. Bridge. Additionally, 300 lf of concrete is proposed for placement along the bottom of the Mamaroneck River downstream from the Station Plaza Bridge to just downstream of Halstead Ave. 

            The proposed nonstructural measures consist of eight residential properties in the Harbor Heights neighborhood south of the Mamaroneck River as candidates for structure elevation or raising. Additionally, structural measures are considered for one non-residential property in the industrial area along Fenimore Road and south of the Sheldrake River as a candidate for construction of a ringwall.   

            Any interested parties and/or agencies desiring to express their views concerning the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice, or, July 29, 2016. 

            Comments should be addressed to the New York State Department of State, ATTN: Consistency Review Unit, One Commerce Plaza, 99 Washington Avenue, Suite 1010, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 474-6572. Comments can also be submitted electronically via email at: CR@dos.ny.gov.  

            This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

 

New York State Department of State
Public Notice - F-2016-0436 (DA)
Date of Issuance – July 6, 2016

The New York State Department of State (DOS) is required by Federal law to provide timely public notice for the activity described below, which is subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

            The United States Army Corps of Engineers has determined that the proposed activity generally complies with and will be conducted in a manner consistent to the maximum extent practicable with the approved New York State Coastal Management Program pursuant to 15 C.F.R. §930.31(d) and has asked that DOS identify and include conditions, where applicable, in its consistency decision. The consistency determination and accompanying public information and data is available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue in Albany, New York.

            In F-2016-0436 (DA), The U.S. Army Corps of Engineers (Corps) has submitted a consistency determination for the proposed reissuance and modification of the Nationwide Permits (NWPs), general conditions and definitions. The Corps also announced the issuance of two proposed NWPs and one new general condition. These NWPs are issued on a national basis to streamline the authorization of activities that result in minimal individual and cumulative adverse effects on the aquatic environment. More information on the 2017 Nationwide Permits can be found on the U.S. Army Corps of Engineers-Headquarters website Click here.

            A Division may elect to add regional conditions specific to the needs of a particular region. The New York District Corps is the lead agency for 2017 NWP consistency compliance with the New York Coastal Management Program and have provided regional conditions on behalf of the New York and Buffalo Districts. A joint public notice was issued on June 16, 2016 for the proposed regional conditions and can be found on the U.S. Army Corps of Engineers-New York District website Click here.

            Any interested parties and/or agencies desiring to express their views concerning the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice, or, August 5, 2016.

            Comments should be addressed to: New York State Department of State, Office of Planning and Development, Attn: Consistency Review Unit, One Commerce Plaza, 99 Washington Avenue, Suite 1010, Albany, New York 12231.  Telephone (518) 474-6000; Fax (518) 473-2464. Comments can also be submitted electronically via e-mail at: CR@dos.state.ny.us. 

            This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

 

New York State Department of State
Public Notice - F-2016-0302
Date of Issuance – July 26, 2016

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

 The applicant has certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New York State Coastal Management Program.  The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2016-0302, Hudson National Golf Club, is proposing construction of a golf driving range and teaching facility on an existing golf course within the Town of Croton, Westchester County. The project will require tree removal and grading, as well as filling of 0.17 acres of federal wetlands, to complete the new range. The small wetland is fed by the outflow of water from the detention basin of the golf course property approved and installed in the 1990’s as well as the seepage of shallow lateral flow from under the golf course and the adjacent areas to the east. Proposed wetland mitigation includes the expansion of an existing wetland in the same watershed elsewhere on the site by 0.37 acres. The stated purposed of the proposed action is for golf course improvement. The new driving range, designed at 335 yards, will allow for two-way practice, which is necessary given the number of club members.                                                        

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 20 days from the date of publication of this notice, or, August 16, 2016.                 

Comments should be addressed to the Consistency Review Unit, New York State Department of State, Office of Planning and Development, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464. Electronic submissions can be made by email at: CR@dos.ny.gov.

This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

 

 

 


Local Waterfront Revitalization Program


 


Coastal Management Program


 

PUBLIC NOTICE

New York State Department of State

Notice of Routine Program Change

New York City

Local Waterfront Revitalization Program Amendment

PURSUANT to 15 CFR 923.84(b), the New York State Department of State (DOS) has submitted a routine program change to the federal Office for Coastal Management (OCM). The change to the New York State Coastal Management Program (CMP) covered by this request is the incorporation of an amendment to the New York City Local Waterfront Revitalization Program into the State's CMP.

A major component of the State's CMP is the provision that local governments be allowed to prepare and amend Local Waterfront Revitalization Programs (LWRP), which further detail and make geographically specific the State's coastal policies. Each LWRP is approved if it demonstrates consistency with the State's CMP and the provisions of the New York State Waterfront Revitalization of Coastal Areas and Inland Waterways Act, or Article 42 of the NYS Executive Law.

The New York City LWRP amendment serves as a long-term coastal management program for the City’s waterfront resources along the New York Harbor, the Hudson, Bronx, Harlem and East Rivers, the Arthur Kill and Kill Van Kull and all their many tributaries, and the Atlantic Ocean.

This LWRP amendment was prepared in partnership with the New York State Department of State, and serves as an update to the New York City LWRP amendment approved in 2002. This LWRP amendment incorporates and advances the goals of Vision 2020: New York City Comprehensive Waterfront Plan, to encourage the development of maritime industry while ensuring the protection of the environment; promote recreation, both at the shoreline and in the water; provide design principles that consider the effects of climate change and sea level rise; and, foster the preservation and restoration of ecologically significant sites.

Also known as the New Waterfront Revitalization Program (WRP), the New York City LWRP amendment includes a new introduction and a thoroughly revised Part I that contains: a comprehensive program description explaining the regulatory and planning context of the program; a description of the proposed Coastal Zone boundary including modifications based on the interim floodplain and flood hazard areas estimated by FEMA following Superstorm Sandy; a thorough description of the applicable standards and processes for the review of local, State, and federal activities for consistency with the program; and, a discussion of local regulations that are related to the implementation of the program. Part II of the WRP presents modifications to the policies of the approved program. Part III of the WRP includes revised sectional maps delineating the boundaries of New York City's Coastal Zone, as well as maps of the special areas described in the program. And, the appendices of the WRP contain: a descriptive list of State actions and programs which should be undertaken in a manner consistent with the program; a list of federal activities affecting land and water uses and natural resources in the coastal zone of New York State; a list of State and federal agency actions that are necessary for further implementation of this program; local and State regulations related to the implementation of the WRP; and, guidelines for notification and review of State and federal agency actions.

The draft LWRP amendment was circulated by the New York State Department of State to potentially affected State, federal, and regional agencies during a 60-day review period from December 17, 2014 to February 20, 2015. Following this review period, the Department of State coordinated responses to comments received with New York City, and revised the draft LWRP where necessary. The New York City Council approved the amendment to the LWRP on October 30, 2013. The New York City LWRP amendment was approved by the New York State Secretary of State on February 3, 2016, pursuant to the New York State Waterfront Revitalization of Coastal Areas and Inland Waterways Act (NYS Executive Law, Article 42).

The amended New York City Local Waterfront Revitalization Program is available online, at http://www.dos.ny.gov/opd/programs/WFRevitalization/LWRP_status.html

Any comments on whether or not the action constitutes a routine program change to the State’s approved Coastal Management Program should be submitted by March 18, 2016 to: Joelle Gore, Office for Coastal Management, National Oceanic and Atmospheric Administration, 1305 East-West Highway, Silver Spring, MD 20910

Further information on this routine program change may be obtained from: Renee Parsons, Office of Planning and Development, NYS Department of State, 99 Washington Ave., Suite 1010, Albany, NY 12231-0001; telephone 518-473-2461.