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 of Ocean and Coastal Resource 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..


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 of Ocean and Coastal Resource 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.


Consistency Review

New York State Department of State
Public Notice - F-2015-0058
Date of Issuance – May 6, 2015

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-2015-0058, Commander Terminals, LLC, Oyster Bay Harbor, Town of Oyster Bay, Nassau County, NY is proposing to perform maintenance dredging of approximately 3,681 cy within the authorized western basin, with subsequent confined placement of the material at the Central Long Island Sound Disposal Site (CLIS). The CLIS is an open-water disposal site located within Long Island Sound, approximately 5.6 nautical miles south of East Haven, CT.                                                           

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, by Thursday, May 21, 2015.                      

Comments should be addressed to the New York State Department of State, ATTN: Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464. Comments can also be submitted electronically via e-mail 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-2015-0296
Date of Issuance – May 20, 2015

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-2015-0296, Americas Styrenics, LLC, Gales Ferry, CT; The applicant has submitted an application to the U.S. Army Corps of Engineers, New England District to perform maintenance dredging within the Thames River. A total of approximately 100,000 cy of material will be dredged mechanically with subsequent un-confined open-water disposal at the Central Long Island Sound Disposal Site (CLIS). The CLIS is a 11.04 km² (3.2 nmi²) area, centered at 41° 08.950’N, 72° 52.950’W and is located approximately 10.89km (5.6 nmi) south of South End Point, East Haven, CT.

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, by Thursday, June 4, 2015.                       

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

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

 


Local Waterfront Revitalization Program


 


PUBLIC NOTICE
Department of State
Notice of Review for the New York City
Draft Local Waterfront Revitalization Program Amendment

In accordance with the New York State Waterfront Revitalization of Coastal Areas and Inland Waterways Act and the New York State Coastal Management Program, New York City is proposing an amendment to its Local Waterfront Revitalization Program (LWRP) approved by the New York State Secretary of State on May 28, 2002, and incorporated into the State Coastal Management Program on August 28, 2002. The New York City LWRP, also known as the New Waterfront Revitalization Program (WRP), has a format distinct from other local waterfront revitalization programs, reflecting the unique character of the City’s approximately 520 miles of natural, public, working, and redeveloping waterfront, and the waterways between the five boroughs, including New York Harbor, the Hudson, Bronx, Harlem and East Rivers, the Arthur Kill and Kill Van Kull and all their many tributaries, as well as the Atlantic Ocean.
The City recently completed extensive planning and regulatory efforts 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, which produced an updated Comprehensive Waterfront Plan, Vision 2020: New York City Comprehensive Waterfront Plan (CWP). The New York City LWRP is being amended to advance the goals and priorities of Vision 2020.
The New York City LWRP amendment, while preserving the general format of the approved program, 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 after 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 proposed amendment presents modifications to the policies of the approved program. Part III of the proposed amendment 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. The appendices included in the amended WRP contain: a 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 descriptive 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.
To approve the draft amendment to the New York City LWRP, pursuant to Article 42 of the NYS Executive Law, it is required that potentially affected federal, State, and local agencies be consulted to assure that the proposed modifications to the approved program do not conflict with existing policies and programs. The draft of the proposed amendment to the New York City LWRP was accepted by the New York State Department of State as complete and is now available online, at http://www.dos.ny.gov/opd/programs/WFRevitalization/LWRP_draft.html.
Comments on the draft amendment are due by February 20, 2015. At the close of the required review period, the Department of State will coordinate responses to comments received with New York City, and modifications to the LWRP amendment will be made, as needed. Following approval by the Secretary of State, pursuant to 15 CFR 923.84(b), the New York State Department of State will request incorporation of the LWRP amendment into the State’s Coastal Management Program by the federal Office for Coastal Management (OCM), as a Routine Program Change.
Comments on the draft New York City LWRP amendment should be submitted by February 20, 2015, to: Renee Parsons, New York State Department of State, Office of Planning and Development, 99 Washington Avenue, Suite 1010, Albany, NY 12231-0001; telephone 518-473-2461.

PUBLIC NOTICE
Department of State
Notice of Review draft Section 309
Combined Assessment and Stratagy for 2016-2020

The Department of State announces the availability of New York State’s draft Section 309 Combined Assessment and Strategy for 2016 – 2020, a public document pursuant to 15 CFR part 923 subpart K, for public review and comment.   The Department of State prepared the Combined Assessment and Strategy as the administrator of the New York State Coastal Management Program (CMP), for approval by the National Oceanic and Atmospheric Administration’s Office for Coastal Management (OCM), in order for the State to be eligible for federal Coastal Zone Management Act Section 309 funding in FY2016-2020. 

The Section 309 Combined Assessment and Strategy for 2016 – 2020 is presented in two parts. The first part is an assessment section which describes the current status and associated accomplishments by New York State in each of nine federal “priority enhancement areas” (Wetlands, Coastal Hazards, Public Access, Marine Debris, Cumulative and Secondary Impacts, Special Area Management Planning, Ocean/Great Lakes Resources, Energy and Government Facility Siting, and Aquaculture) over the past five years, 2011 – 2015.  The second part presents strategies and projects the Department of State will advance over the next five years using federal Section 309 funds to: improve regional resilience along the South Shore of Long Island by preparing regional resilience plans for Nassau and Suffolk Counties; preparing ten community recovery and resilience plans to address the needs of the Long Island south shore Towns of Islip, Brookhaven, and Southampton, and Villages of Patchogue, Westhampton, Westhampton Beach, Quogue, and Southampton; and supporting improved resilience along New York’s Great Lakes coastlines through development of a regional planning approach that takes into consideration local physical characteristics and addresses coastal community needs. 

The draft Section 309 Combined Assessment and Strategy is available for review here. Comments on the draft document should be sent in writing via e-mail to opd@dos.ny.gov.  Please type ‘Comments on Draft 309 Assessment and Strategy’ in the e-mail’s subject line.  Comments are due no later than close of business Monday, June 22, 2015.