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 Concurrence by the Office for Coastal Management of the U.S. Department of Commerce with the New York State’s Coastal Management Program Routine Program Change

 

Public Notice - Notice of Concurrence by the Office for Coastal Management of the U.S. Department of Commerce with the New York State’s Coastal Management Program Routine Program Change on the Incorporation of the Town of Huron Local Waterfront Revitalization Program (LWRP)

 


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-2017-0781
Date of Issuance – January 16, 2018

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. Electronic copies of the submission can also be downloaded at:
http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2017-0781_PN.pdf

In F-2017-0781, Donald Young is proposing to construct a 150 foot by 4 foot wide fixed wood pile and timber pier including rails and water/electric utilities at his property on East End Road (Tax Map ID 1000-3.-2-2) on Fishers Island, in the Town of Southold, Suffolk County. In addition, Mr. Young proposes to install an 8 foot by 20 foot float with access ramp and three tie-off piles at the waterward end of the proposed pier. The purpose of the proposed structure is to provide for recreational boating

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, February 2, 2018.              

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-2017-0708
Date of Issuance – January 16, 2018

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. Electronic copies of the submission can also be downloaded at:
http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2017-0708_PN.pdf

In F-2017-0708, William Witzke of Albertson Marine, Inc., is proposing to reconstruct an existing Wave Wall, widen an existing boat launch runway and install a low-sill bulkhead at Albertson Marine’s marina located at 61500 Route 25 (Main Road) in the town of Southold, Suffolk County. The stated purpose for reconstructing the wave wall is to maintain the level of storm protection the wall currently provides into the future. Widening the existing boat launch runway will provide for safer and more efficient use of the existing boat launch. The stated purpose of the low-sill bulkhead is to maintain shoreline and contiguous navigability within the marina.

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, February 2, 2018               

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


PUBLIC NOTICE
Department of State
Notice of Review for the City of Buffalo
Draft Local Waterfront Revitalization Program

In accordance with the New York State Waterfront Revitalization of Coastal Areas and Inland Waterways Act and the New York State Coastal Management Program, the City of Buffalo, located within Erie County, has prepared a Draft Local Waterfront Revitalization Program (LWRP). The LWRP is a comprehensive management program for the City’s waterfront resources along Lake Erie, the Niagara River, the Buffalo River, Scajaquada Creek and Cazenovia Creek.

To approve the City of Buffalo LWRP, pursuant to Article 42 of the NYS Executive Law, it is required that potentially affected State, federal and local agencies be consulted to assure that the program does not conflict with any existing policies and programs.

The Draft LWRP was accepted by the New York State Department of State as complete and is now available for review by potentially affected State, federal and local agencies, and the public. Comments on the Draft LWRP are due by February 20, 2018. For this purpose, the City of Buffalo Draft LWRP is available online at: http://www.dos.ny.gov/opd/programs/WFRevitalization/LWRP_draft.html.

At the close of the required review period, the Department of State will coordinate responses to all comments received with the City of Buffalo, and modifications to the Draft LWRP will be made as needed. Following adoption of the LWRP by the City and its subsequent 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 City of Buffalo LWRP into the State’s Coastal Management Program by NOAA’s Office for Coastal Management as a Routine Program Change.

Comments on the City of Buffalo Draft LWRP are welcome and should be submitted in writing by February 20, 2018 to: Renee Parsons, NYS Department of State, Office of Planning, Development & Community Infrastructure, 99 Washington Avenue, Suite 1010, Albany, NY 12231-0001; telephone (518) 474-6000.

PUBLIC NOTICE
Department of State
Notice of Review for the City of Rochester
Draft Local Waterfront Revitalization Program

In accordance with the New York State Waterfront Revitalization of Coastal Areas and Inland Waterways Act and the New York State Coastal Management Program, the City of Rochester, located within Monroe County, has prepared a draft amendment to its approved Local Waterfront Revitalization Program (LWRP). The LWRP amendment is a comprehensive management program for the City’s waterfront resources along Lake Ontario, the Genesee River and the Erie Canal.

To approve the amendment to the City of Rochester LWRP, pursuant to Article 42 of the NYS Executive Law, it is required that potentially affected State, federal, and local agencies be consulted to assure that the program does not conflict with any existing policies and programs.
The Draft LWRP amendment was accepted by the New York State Department of State as complete and is now available for review by potentially affected State, federal and local agencies, and the public. Comments on the Draft LWRP amendment are due by February 20, 2018. For this purpose, the Draft LWRP amendment is available online at: http://www.dos.ny.gov/opd/programs/WFRevitalization/LWRP_draft.html.

At the close of this required review period, the Department of State will coordinate responses to comments received with the City of Rochester, and modifications to the Draft LWRP amendment will be made as needed. Following adoption of the LWRP amendment by the City and its subsequent 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 amended City of Rochester LWRP into the State’s Coastal Management Program by NOAA’s Office for Coastal Management as a Routine Program Change.

Comments on the City of Rochester Draft LWRP amendment are welcome and should be submitted in writing by February 20, 2018 to: Renee Parsons, NYS Department of State, Office of Planning, Development & Community Infrastructure, 99 Washington Avenue, Suite 1010, Albany, NY 12231; telephone (518) 474-6000.


Notice of Concurrence by the U.S. Department of Commerce
National Oceanic and Atmospheric Administration, Office for Coastal Management
with the Routine Program Change to
New York State’s Coastal Management Program

On September 16, 2016, the New York State Department of State (DOS) submitted a Routine Program Change to the federal Office for Coastal Management (OCM) in the National Oceanic and Atmospheric Administration of the U.S. Department of Commerce. The changes to the New York State Coastal Management Program covered by this request were the rewording of New York State's Coastal Policy #29 with an updated explanation; an update to the state authorities supporting the Coastal Management Program’s implementing and enforceable forty-four policies based on recent state laws and regulations; conforming edits to update policy language to reflect current New York State policy, and removal of typographical errors within New State’s York's Coastal Management Plan.
Pursuant to 15 C.F.R. § 923.84(b)(4), DOS hereby provides notice that OCM concurred on May 7, 2017 with the DOS determination that program changes do constitute a Routine Program Change and approved the changes as a component of the New York Coastal Management Program with the exception of the addition of New York State Law Article 2, Section 7-a: Jurisdiction and Ownership of Offshore Waters and Lands Thereunder.
The text of enforceable Coastal Policies # 1-28 and 30-44 and the Long Island Sound Coastal Policies # 1-13 that DOS uses for federal consistency decision-making remain unchanged. OCM has approved the modified language to Coastal Policy # 29 to now read as:

  • The development of offshore uses and resources, including renewable energy resources, shall accommodate New York’s long-standing ocean and Great Lakes industries, such as commercial and recreational fishing and maritime commerce, and the ecological functions of habitats important to New York.

The following State authorities are incorporated into the New York Coastal Management Program.

  • New York State Environmental Conservation Law Article 6: State Smart Growth Public Infrastructure Policy Act
  • New York State Energy Law Article 6: Energy Planning
  • New York State Energy Plan
  • New York State Public Service Law Article 10: Siting of Major Electric Generating Facilities
  • New York State Environmental Conservation Law Article 13, Title 7: Seagrass Protection Act
  • New York State Environmental Conservation Law Article 14: New York Ocean and Great Lakes Ecosystem Conservation Act
  • New York State Environmental Conservation Law Article 15, Title 15: New York Water Resources Protection Act of 2011
  • Community Risk and Resiliency Act (Chapter 355 of the Laws of 2014)
  • New York Codes, Rules and Regulations Title 6, Chapter IV, Subchapter H, Part 487: Analyzing Environmental Justice Issues in Siting of Major Electric Generating Facilities Pursuant to Public Service Law Article 10
  • New York Codes, Rules and Regulations Title 9, Subtitle BB, Chapter III, Subchapter B, Parts 7844-7852: State Energy Planning Procedures
  • New York Codes, Rules and Regulations Title 16, Chapter X, Subchapter A, Parts 1000-1002 Regulations Implementing Article 10 of the Public Service Law as Enacted by Chapter 388, Section 12, of the Laws of 2011
  • New York State Public Service Commission Order Adopting a Clean Energy Standard (Cases 15-E-0302 and 16-E-0270 - Issued and Effective August 1, 2016)

Removal of expired or repealed New York State statutes include:

  • Section 923 of Article 42 of the Executive Law (Waterfront Revitalization of Coastal Areas and Inland Waterways) [repealed effective March 30, 2012]

Federal consistency provisions in 15 CFR Part 930 will apply with the approved changes effective on the date of publication of this notice.

For further information related to these changes and the Routine Program Change contact: Greg Capobianco, Office of Planning and Development at (518) 474-6000.

For further information, see New York State’s Office of Planning and Development website at: http://www.dos.ny.gov/opd/publicNotices/notices.html.

The updated Coastal Management Program document (PDF) is available here:  http://www.dos.ny.gov/opd/publications.html

 

Notice of Concurrence by the U.S. Department of Commerce
National Oceanic and Atmospheric Administration, Office for Coastal Management
with the Routine Program Change to
New York State’s Coastal Management Program
on the Incorporation of the Town of Huron Local Waterfront Revitalization Program (LWRP)

STATEWIDE — Pursuant to 15 CFR 923.84 (b) (4), the New York State Department of State (DOS) hereby gives notice that the National Oceanic and Atmospheric Administration’s Office for Coastal Management (OCM) concurred on October 11, 2017 on the incorporation of the Town of Huron Local Waterfront Revitalization Program (LWRP) into New York State's Coastal Management Program as a Routine Program Change. DOS requested OCM's concurrence on this action on June 14, 2017, in a previous notice in the New York State Register, which further described the content of the action.
The Town of Huron LWRP was prepared in partnership with DOS and in accordance with the New York State Waterfront Revitalization of Coastal Areas and Inland Waterways Act and the New York State Coastal Management Program. The LWRP is a long-term intermunicipal management program for the Town’s waterfront resources along Sodus Bay, Lake Ontario, East Bay, and Port Bay, and is based on the policies of the New York State Coastal Management Program. The Town of Huron LWRP includes a comprehensive description of the existing and proposed land uses in the waterfront revitalization area, incorporates harbor management elements, and identifies the next generation of waterfront revitalization projects.
Pursuant to the New York State Coastal Management Program and Article 42 of the New York State Executive Law, the Town of Huron LWRP was adopted by resolution by the Town of Huron Town Board on April 18, 2016, and approved by the New York State Secretary of State on May 15, 2017. Federal Consistency with the Town of Huron LWRP applies as of the date of this Notice.
OCM’s concurrence includes the following list of changes and qualifications:


Name/Description of State or Local Law/Regulation/ Policy/Program Authority

State/Local Legal Citation

Date Adopted by the Municipality

Date Effective in State

ADDED:

 

Town of Huron LWRP. The enforceable policies of the LWRP for CZMA review purposes are only found within the Waterfront Revitalization Policies of Section III

Art. 42 of the NYS Executive Law

4/18/2016

5/15/2017

The Town of Huron Local Waterfront Revitalization Program is available at: http://www.dos.ny.gov/opd/programs/WFRevitalization/LWRP_status.html, the website of the New York State Department of State. If you have any questions, please contact Renee Parsons, DOS Office of Planning, Development & Community Infrastructure, 99 Washington Avenue, Suite 1010, Albany, NY 12231, (518) 473-2461.

 

 


Brownfield Opportunity Areas Program Conformance Review