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-2016-0170
Date of Issuance – May 4, 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 National Parks Service 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-2016-0170 (DA), the National Parks Service is proposing the Fort Tilden Shore Access and Resiliency Project located along the coastal area of Fort Tilden, Gateway National Recreation Area in Queens, New York. The purpose of the proposed is to improve access, safety, and resiliency at Fort Tilden, while managing for the potential impacts from future storm events on natural and cultural resources and infrastructure. The proposed activities include installing sand trapping fences in areas where dunes previously existed to allow for sand accumulation in areas parallel to Shore Road, removal of the existing bulkhead to 3 feet below existing ground line, removal of existing wooden groins, plant reestablished dunes with native vegetation, create new pedestrian beach access paths, construct a sustainable pathway using clay and shell aggregate in the destroyed western portion of Shore Road, and allow Battery Kessler to naturally decay while improving its entrances to increase safety.

             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., 15 days from the date of publication of this notice, or, May 19, 2016.

             Comments should be addressed to the New York State Department of State, Office of Coastal, Local Government and Community Sustainability, One Commerce Plaza, 99 Washington Avenue, Suite, 1010, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 474-6572.

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

 

 

New York State Department of State
Public Notice - F-2016-0268
Date of Issuance – May 4, 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 and CLICK HERE.

In F-2016-0268, 1093 Group LLC, is proposing the 301 Ohio Street Project, at the corner of Ohio and Chicago Streets, Buffalo NY.   The applicant proposes to construct a 600’ by 6’ floating dock with a 30’ by 6’ gang plank in the Buffalo River adjacent to mix used development that is currently being constructed upland.

The stated purpose of the proposed action is “to provide public access for transient boaters who want to access the property.”                                                               

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., 15 days from the date of publication of this notice, or, May 19, 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.

 

New York State Department of State
Public Notice - F-2016-0030
Date of Issuance – May 11, 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-2016-0030, 780 Piermont Avenue Property Owners Association Inc., is proposing to replace lost timber pier supported by cribbing with a pile supported pier and platform, and to resurface the existing concrete bulkhead to prevent future deterioration and erosion of the bulkhead structure. The proposed project is located on the western shore of the Hudson River in the Town of Piermont. Detailed project elements include 1.) Replacement of the lost timber crib supported pier with a timber pile supported pier. Replacement timber pier shall be approximately 20’ south of the lost pier to keep existing stone pile for habitat value. New pier shall be identical in size with the lost pier; having 4’ x 17’ walkway providing access to the 10’x10’ pier platform. The new pier shall consist of 6 timber piles and a timber decking. 2.) In-place repair of the existing bulkhead shall include concrete resurfacing, up to 4” thick along the 80’ bulkhead to prevent future deterioration and erosion of the bulkhead structure. Bulkhead repairs shall consist of appropriate concrete mixture utilizing concrete forms prior to concrete pours with rebar mesh drilled into the existing seawall and footing for anchorage. The stated purpose of the proposed action is that “The proposed activities will restore waterfront structure to its pre-storm condition and provide safe use and access of the Hudson to the owners. The bulkhead repair will provide a long term solution to the deteriorating bulkhead that is currently at risk of structural failure and loss of fill.”                                                         

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., 15 days from the date of publication of this notice, or, May 26, 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.

 

New York State Department of State
Public Notice - F-2016-1065
Date of Issuance – May 11, 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-2015-1065, Selkirk Lighthouse & Marina, is proposing to repair the existing erosion and protect the shoreline by adding a large rip-rap along the eastern shore of Salmon River near the mouth to Lake Ontario, in the Town of Richland. Selkirk Lighthouse & Marina proposes to construct approximately 170-feet of machined placed rip-rap wall to repair and provide erosion protection of the existing shoreline. The rip-rap will be placed at a max of 2H:1V slope. Rip-rap will be placed to re-align the shoreline where areas have been eroded. Some vegetative shoreline stabilization may be used as well, particularly in front of the one-story building in the northern portion of the project area. The total amount of fill placed below the mean high water line is a minimum of 48 CYS. Approximately 30 CYS will be removed and live loaded/removed offsite to allow the placement of the setting stone prior to placing the large machined place rip-rap. A turbidity curtain will be installed and a tracked excavator will be used from upland to prepare and place the large rip-rap. The stated purpose of the proposed action is the “Protection/restoration of shoreline and property.”                                                            

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., 15 days from the date of publication of this notice, or, May 26, 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.

 

New York State Department of State
Public Notice - F-2016-0254 (DA)
Date of Issuance – May 11, 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 - New York District has determined that the proposed activity complies with and will be conducted in a manner consistent to the maximum extent practicable with the approved New York State Coastal Management Program. 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-2016-0254 (DA), The U.S. Army Corps of Engineers, New York District, has submitted a consistency determination for the proposed dredging of the Hudson River federal navigation project at Staats Point and the Albany Turning Basin. Approximately 100,000 cubic yards (CY) of river sediments would be removed and placed upland on Houghtaling Island, New Baltimore, NY.

            More information on the proposed dredging can be found on the U.S. Army Corps of Engineers - New York District website at: http://www.nan.usace.army.mil/Portals/37/docs/harbor/Pubnot/2016/PN_HR-AFO-MD16_Complete.pdf. A copy of the Consistency Determination and supporting materials are also available for download 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., 10 days from the date of publication of this notice, or, Wednesday, May 21, 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, Suite 1010, Albany, New York 12231.  Telephone (518) 474-6000; Fax (518) 473-2464. Electronic submissions can be made 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-2016-0335 (DA)
Date of Issuance – May 18, 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 - Buffalo 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-2016-0335 (DA), the ACOE is proposing reissuance of Regional Permits 81-000-1 for minor recreational dredging, 86-000-1 for construction of stone filled timber crib docks, and 87-000-1 for construction of open pile docks in waters of the United States within the State of New York and subject to regulation by the US Army Engineer District, Buffalo. The purpose of the proposed is to improve efficiency for the regulated public and government alike without compromising the environmental values or the needs and welfare of the general public.  

According to the information submitted to DOS, the proposed changes to the above Regional Permits consists of: 

First, under general permit requirements, the following information was added for projects that require notification to the Buffalo District: 5. Location map and description of temporary and permanent disposal sites. 

Next, for Regional Permit No. 86-000-1 the authorized activity was modified to include stairway(s) and electrical line(s) along docks. 

Further, for Regional Permit No. 87-000-1 the proposed changes include: authorized activity was modified to include railings and electrical line(s) along dock; Special Condition 4 was modified to clarify restrictions associated with docks constructed parallel to shoreline. Docks parallel to and along the shoreline (within 20’ of the shoreline) are not permitted by this Regional Permit, unless a variance is granted; Special Condition 12 was modified to now allow an unlimited number of private and commercial mooring buoys; Special Condition 17 was modified to require Pre-construction notification and written affirmation from the Buffalo District office of the applicability of this permit is required for any project that may adversely impact a barrier beach; Special Condition 18 was modified to require Pre-construction notification and written affirmation from the Buffalo District office of the applicability of this permit is required for any project within a NYS Coastal Erosion Hazard Area. 

The proposed Regional Permits are available on the Buffalo District U.S. Army Corps of Engineers website:

http://www.lrb.usace.army.mil/Missions/Regulatory/ActionsandNotices/PublicNotices.aspx

            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., 15 days from the date of publication of this notice, or, June 2, 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.

 

 

 

 


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.