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.


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 to the New York State Coastal Management Program


Brownfield Opportunity Areas Program Conformance Review

The Office of Planning and Development reviews requests for brownfield opportunity area conformance determinations by the Secretary of State for projects enrolled in the Brownfield Cleanup Program located in a designated Brownfield Opportunity Area.  During the review of a request for a conformance determination, a 30-day public notice is issued to permit public review of and comment on the request.  These notices are issued periodically.


Consistency Review



New York State Department of State
Public Notice - F-2016-1076
Date of Issuance – April 19, 2017

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-2016-1076, Between the Bridges Marina is proposing the South Yard dredging project at 24 Ferry Place, Old Saybrook, CT.  They propose to remove approximately 19,000 cubic yards of material with subsequent disposal at the Central Long Island Sound Disposal Site.                                                                   

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 04, 2017.                     

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-2016-1163
Date of Issuance – April 19, 2017

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-2016-1163, the Town of North Hempstead, is proposing to create a 1500 meter x 60 meter rowing course in the lower Hempstead Harbor, south of Bar Beach.  The proposed action has been substantially altered following the Department’s objection to the applicant’s previous consistency certification review (F-2015-0204).  The modified proposal involves aligning the proposed rowing course so that approximately half of it occupies a previously authorized navigation channel that has been previously disturbed and reducing the proposed depth of the rowing course, outside of the navigation channel, to -2.5 ft MLW.  

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, Friday, May 04, 2017.                    

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-2016-1165
Date of Issuance – April 19, 2017

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 at http://www.dos.ny.gov/opd/programs/pdfs/consistency/Joint Application for Permit optomized.pdf

In F-2016-1165, the City of Troy, is proposing various stabilization measure of an approximately 3,500 section of break wall.  The proposed stabilization methods include filling voids with concrete, constructing sections of new break wall approximately 12 inches waterward of the existing break wall, and constructing a section of new break wall approximately 42 inches waterward of the existing break wall with and additional ~four feet of subaqueous rip rap.

The stated purpose of the proposed activity is “The general condition of the seawall is poor and repair is needed in order to protect the City of Troy from flooding of the Hudson River.”

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., 30 days from the date of publication of this notice, or, Friday, May 18, 2017.                    

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-2017-0181
Date of Issuance – April 26, 2017

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 (NYSCMP).  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-2017-0181, “Lido Beach Salt Marsh Restoration - Rock Sill Installation”, the applicant, U.S. Fish and Wildlife Service (USFWS), is proposing to place approximately 331 cubic yards of stone over geotextile fabric below mean high water, approximately 25 feet offshore of the Lido Beach Wildlife Management Area (WMA) shoreline at Middle Hempstead Bay and Reynolds Channel, Town of Hempstead, Nassau County.  The rock sill is a design modification of previously proposed and permitted work which included installation of coir logs at the marsh restoration site.  The initially proposed coir (coconut fiber) log alternative was eliminated due to the high wave energy climate at the site and need to protect and support the planted marsh vegetation from wind driven waves and boat wakes. 
The current design will result in a reduced areal footprint of the project below mean high water resulting in less in-water fill and bottom coverage (-5,446 square feet) and, consequently, there will be less disturbance of the channel bottom.  Previously proposed elements of the salt marsh restoration will remain, including planting of native, salt tolerant plant species(Spartina spp.; Juncus spp.); herbicidal (Glyphosate) spot treatment of existing Phragmites at the site; and excavation of several small channels/ runnels (1’ wide, 1’ deep) to reconnect waterlogged marsh plain with the main channel and facilitate drainage.  The rock sill will be installed in three segments with openings between sill sections to enhance tidal exchange and fish passage.   The design will result in the placement of an average of 1.32 cubic yards per linear foot of stone across the three segments with the sill approximately 3.5’ in height over the bottom.  A three to four week construction period is anticipated with materials placed from barge at low tide.  Turbidity curtains will be employed. 
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 11, 2017.  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-2017-0013
Date of Issuance – April 26, 2017

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 (NYSCMP).  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-2017-0013, “Roberto Clemente State Park North Shoreline and Upland Improvements”, the applicant or NYS Office of Parks and Recreation and Historic Preservation (OPRHP), is proposing to stabilize the shoreline through implementation of various upland improvements in the northern portion of the 25 acre Roberto Clemente State Park, located along the Harlem River in the Bronx, NY. The project includes installation of approximately 1,160 feet of rock revetment and 170 feet of living shoreline, relocation of storm water outlets, and rehabilitation and relocation of a concrete floating dock. Upland improvements include new ball fields, landscaping, and pedestrian pathways.  The park is located on the eastern shore of the Harlem River just north of West Tremont Avenue and west of the Major Deegan Expressway (Highway 7).
The “North Shoreline Improvements” proposed work constitutes phase two of the larger Park improvement project, and complements prior permitted work including replacement of a bulkhead, partially with a tidal pool/ intertidal habitat, re-grading and replanting with native vegetation, realignment of the waterfront esplanade, construction of athletic fields, and various other repairs and maintenance activities.
This project is located within the coastal management area of the New York City Local Waterfront Revitalization Program (WRP) and is subject to consistency with the WRP policies.
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 11, 2017.  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-2017-0160
Date of Issuance – April 26, 2017

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.

 A federal agency 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 agency's consistency determination 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.  Additional information is available at http://www.lrb.usace.army.mil/Portals/45/docs/regulatory/publicnotices/2017-04/Full-PublicNoticeSPGP.pdf?ver=2017-04-05-113756-800

In F-2017-0160, The United States Army Corps of Engineers New York and Buffalo Districts are proposing to issue the New York State Programmatic General Permit (SPGP-1) for Emergency Response and Storm Recovery Activities.  This general permit authorizes certain post storm recovery activities in all areas of New York State except NYS DEC Region 1 and 2, Coastal Erosion Hazard Areas in NYS DEC Region 3 and in title wetlands regulated by Article 25 of the NYS Environmental Conservation Law.     

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 11, 2017.                     

Comments should be addressed to the 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 or email: 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-2017-0241(DA)
Date of Issuance – April 26, 2017

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.

 A federal agency 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 agency's consistency determination 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-2017-0241 (DA), The US Army Corps of Engineers New England District is proposing the North Cove Dredging Project in Old Saybrook, CT approximately two miles north of the mouth of the CT River..  This action involves dredging approximately 290,000 cubic yards of material with disposal at the Central Long Island Disposal Area.                                                              
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 11, 2017.                     

Comments should be addressed to the 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 Email: 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-2017-0133
Date of Issuance – April 26, 2017

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-2017-0133, The City of Rochester, is proposing the Area #1 – Port Terminal Facility dredging Project directly adjacent to the Port Terminal Facility in Rochester, Monroe County.  The City of Rochester proposes to dredge approximately 12,000 cubic yards of material from this 1250’ by 100’ area by clamshell bucket dredge to an elevation of 230’ IGLD with disposal at the Rochester Harbor Open Lake Placement Site.                                                       

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 11, 2017

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


There are no notices at this time.


Coastal Management Program


The New York State Department of State (DOS) published a public notice in the State Register on September 14, 2016 requesting public comment on a Routine Program Change to the New York State Coastal Management Program, submitted by DOS to the National Oceanic and Atmospheric Administration’s Office for Coastal Management pursuant to 15 C.F.R. § 923. 84(b).  DOS subsequently was made aware of technical errors in the document and DOS website address provided in the public notice.  In recognition of these difficulties and to provide for adequate public comment, DOS is extending the public comment period an additional week, to expire October 12.  As of September 19, correct materials have been available at the following link:   http://www.dos.ny.gov/opd/pdf/RPC2016CMPdraft.pdf

Any comments on whether or not the action constitutes a Routine Program Change should be submitted within one week of the date of this Notice to:
Jeffrey L. Payne, Ph.D., Director 
Office for Coastal Management
National Ocean Service, U.S. Department of Commerce
1305 East West Highway
Silver Spring, MD 20910-9997
Further information on this action may be obtained by contacting:
Sandra Allen, Deputy Secretary of State
Office of Planning and Development
New York State Department of State
99 Washington Avenue, Suite 1010
Albany, NY 12231-0001
Phone (518) 474-6000

 

Introduction:  The Routine Program Change to the NYS Coastal Management Plan (CMP) is a programmatic action that edits the NYS CMP by updating the enforceable language and supporting policy explanation of Coastal Policy 29; incorporating recent state laws, regulations, administrative orders and other authorities that enforce the State’s forty-four coastal policies; making the NYS CMP consistent with current New York State policy language as a result of these recent laws, regulations and other authorities; and removing typographical errors and inconsistencies along with making other style and formatting edits.  The Routine Program Change to the CMP does not change the State’s statutory or regulatory regime, but rather simply incorporates recent laws, regulations and other authorities already in force in New York State.  Table 2, Federal Activities, Affecting Land and Water Uses and Natural Resources in the Coastal Zone of New York State, has no substantive changes, no new listing of authorities, and no new geographic location descriptions (GLDs). 

The complete Routine Program Change with appendices may be found at: http://www.dos.ny.gov/opd/pdf/RPC2016CMPdraft.pdf


The complete Coastal Assessment Form with Coastal Consistency Declaration may be found at:http://www.dos.ny.gov/opd/pdf/CAF RPC2016CMP.pdf


The complete State Environmental Quality Review (SEQR) Short Environmental Assessment Form with Negative Declaration may be found at: http://www.dos.ny.gov/opd/pdf/SEQR EAF RPC2016CMP.pdf


Routine Program Change Notice

Pursuant to 15 C.F.R. § 923. 84(b), the New York State Department of State (DOS) has submitted to the National Oceanic and Atmospheric Administration’s Office of Ocean and Coastal Resource Management (OCM) a Routine Program Change to the New York State Coastal Management Program. DOS has requested concurrence of OCM in the determination that these actions constitute a Routine Program Change in accordance with 15 C.F.R. § 923.84.

The Coastal Zone Management Act of 1972, as amended,  and in accordance with 15 C.F.R. § 923.84,  mandates that New York State provide public notice of its Routine Program Change of New York State’s Coastal Management Program to the general public, local governments, other state agencies, and regional offices of relevant federal agencies. This notice solicits comments on whether or not the changes constitute an Routine Program Change under the Coastal Zone Management Act of 1972, as amended in accordance with 15 C.F.R. §§ 923.80 and 923.84.

The Routine Program Change to the New York State Coastal Management Program includes the updating of the language in enforceable Coastal Policy 29 including an updated policy explanation, an update to the state authorities supporting the New York State Coastal Management Program’s enforceable 44 coastal policies based on recent state laws, regulations and an administrative decision, and conforming edits to update program language and reflect current New York State policy.  The Routine Program Change also removes obsolete passages, agency titles, and general New York State policies (as distinguished from the enforceable coastal policies) that no longer apply to current, pending, or future federal license applications for licensing, permitting, or other forms of approval. These changes will have a beneficial effect on the enforceable coastal policies by providing for the timely and accurate review of proposed federal agency actions that will have reasonably foreseeable effects on the State’s coastal resources and uses.  The RPC also includes corrections of typographical errors and inconsistencies along with other style and formatting edits improving readability, clarity and uniformity in language. All edits will assist DOS in preparing future Routine Program Change submissions on a routine basis.

Copies of the Routine Program Change document are available for review in Albany at the New York State Department of State Office of Planning and Development offices at 99 Washington Avenue, Suite 1010, Albany, NY 12231 and can be located on the DOS website at: http://www.dos.ny.gov/opd/pdf/RPC2016CMPdraft.pdf  This action is an Unlisted Action and a Negative Declaration has been prepared pursuant to the SEQRA regulations at 6 NYCRR Part 617.

Any comments on whether or not the action constitutes a Routine Program Change should be submitted within three weeks of the date of this Notice to:

Jeffrey L. Payne, Ph.D., Director
Office for Coastal Management
National Ocean Service, U.S. Department of Commerce
1305 East West Highway
Silver Spring, MD 20910-9997

Further information on this action may be obtained by contacting:

Sandra Allen, Deputy Secretary of State
Office of Planning and Development
New York State Department of State
99 Washington Avenue, Suite 1010
Albany, NY 12231-0001
Phone (518) 474-6000

 


Brownfield Opportunity Areas Program Conformance Review