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


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-2017-0141
Date of Issuance – July 5, 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-2017-0141, the Chevron Environmental Management (CEM), is proposing installation of a full scale shoreline remedy, an Oleophilic Bio Barrier (OBB) on the eastern shoreline of the Hudson River adjacent to the Former Gulf/CFI Terminal, currently Gorman Asphalt, LLC, (Gorman), within the City of Rensselaer, Rensselaer County. The installation of the OBB will require depositing fill material (i.e., sand and stone fill) into the intertidal zone of the Hudson River, a tidal, navigable waterway regulated by the United Stated Army Corps of
Engineers (USACE) and Conservation NYSDEC. The project will alter 0.5 acres in the intertidal zone. 0.09 acres of waterbody will be altered. 45 CY of material will be dredged. 148 CY stone fill material (marine mattresses) and 23 CY of sand fill material will be placed. The OBB will have dimensions of 195’ by 20’ and be located completely below MHW, landward of the Federal Navigation channel, bulkhead line, and pier line.

Implementation of the full-scale OBB will include the following main components sequenced in this manner:

  • Preparing the site including installation of a material staging area, an access road as well as erosion and sedimentation controls (i.e., silt fence, turbidity curtain, and absorbent boom) around the work and support areas;
  • Decommissioning the existing OBB field demonstration and properly handling the decommissioned materials;
  • Installing the full-scale OBB components within the intertidal zone (i.e., two layers of geocomposite material overlain by an approximately 3-inch thick layer of coarse sand, non-woven geotextile, rockfilled polymeric marine mattresses, and earth anchors); and
  • Restoring areas disturbed as a result of the construction.

Purpose of Proposed Activity:
The stated purpose of the proposed activity is that The OBB is being installed based on a stipulation agreement between the New York State Department of Environmental Conversation (NYSDEC) and CEMC to address releases that have occurred in the past. The OBB is an innovative sediment cap technology that utilizes an oleophilic (i.e., oil loving) material to prevent sheen formation on surface water. The OBB prevents sheens by intercepting and retaining non-aqueous phase liquid (NAPL) at the sediment surface to facilitate biological degradation of NAPL by naturally occurring microbes. The full-scale OBB will serve as a shoreline remedy with the objectives to capture and degrade sheen emanating to the surface water; and allow for ongoing evaluation of long-term effectiveness of OBB in tidal environments.

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, July 20, 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-2017-0143
Date of Issuance – July 5, 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-2017-0143, Peter McGuire is proposing to construct a concrete bulkhead along the Hudson River edge of property and connect to existing bulkheads on each adjoining property in the Town of Haverstraw, Rockland County.

Purpose of Proposed Activity:
The stated purpose of the proposed activity is to prevent the storm related erosion of the lower portion of the waterfront 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, July 20, 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-2017-0221
Date of Issuance – July 5, 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-2017-0221, Peter McGuire is proposing to construct a walkway and dock on the east end of his property into the Salmon River. The proposed walkway is intended to meet at the shoreline and pass over the wetlands until the walkway meets the river. The proposed dock is 30 feet in length with a width of 8 feet, resulting in 240 square feet of coverage. This will require the dredging of 266 cyds of material at the base of the dock.

Purpose of Proposed Activity:
The stated purpose of the proposed activity is that a walkway is required to avoid impacts to the wetlands on-site; the dock will be placed in the river. Dredging in the river will allow for the owner to allow adequate depth for docking.

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, July 20, 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-2017-0251
Date of Issuance – July 5, 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-2017-0251, the New York State Department of Transportation is proposing immediate action to fill in three areas of erosion along the north/bay side of the Ocean State Parkway that threaten to undermine the parkway shoulder, guiderail, and pavement, within the Town of Babylon, Suffolk County. The requested work to be done consists of installing armored stone riprap to protect the coastal environment bordering 205 feet (in three separate areas) along the Ocean State Parkway near Oak Beach where erosion has increased due to repeated medium energy wave forces and storm conditions. The Department plans to include an armor layer, a filter layer, and toe tone in following with the specifications highlighted in DEC guidelines for protection against wave-based erosion. This erosion has decreased the amount of vegetated land adjacent to the Parkway and, if left unmitigated, threatens to undermine the Parkway. Although a guiderail still exists between these three heavily eroded areas and the Parkway, the repetitive action of the eroding forces stand to project further erosion. This process in conjunction with a potential automotive collision into the guiderail at these areas would very well result in serious injury and damage. Thus, this project is a preemptive effort to restore the slopes of the three endangered areas back to their natural alignment to withstand, with reinforced strength via riprap, current and future erosive natural forces. A total of 450 CY of fill material will be placed over 692 square feet.

Purpose of Proposed Activity:
The stated purpose of the proposed activity is restore the slope of the embankment along the coastal side of the Parkway back to its original, pre-Sandy dimensions to prevent further erosion and protect the structural integrity of the Parkway.

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, July 20, 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-2017-0500
Date of Issuance – July 12, 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-2017-0500, Waterfront Enterprises, Inc DBA Gateway Terminal is proposing to perform maintenance dredging over an approximately 197,355 sq ft area to remove approximately 18,800 cy of material at 400 Waterfront Street New Haven CT, with subsequent open-water disposal of the dredged material at the Central Long Island Sound Disposal Site.

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 July 27, 2017.

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. Please reference file no. F-2017-0500 in your submission.

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

New York State Department of State
Public Notice - F-2017-0323
Date of Issuance – July 18, 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-2017-0323, Shiloh, LLC (Brian Yaiser), is proposing to construct 2 new open pile docks within the Town of Hammond, Saint Lawrence County. The new open pile dock on the East side would be 8' wide x 50' long with 4' vertical 2x6 treated staving on outside. The new open pile dock on the North side would be 8' wide x 50' long with 4' vertical 2x6 treated staving on the outside. The docks would be constructed using a crane to drive or an excavator to drill off of a barge. The north side dock is only accessible early in the year. The stated purpose of the proposed activity is to provide dockage to access the property as it is inaccessible by land.

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 8, 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-2017-0337
Date of Issuance – July 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-2017-0337, Jim Butler, is proposing removal of an existing dock and construction of a new dock with a piling pulley system to an existing mooring, within the Town of Bridgehampton, Suffolk County. Dock assembly includes a 4'x14' ramp up, 4'x50' low profile fixed pier catwalk constructed 26" inches above grade in buffer area, 4'x14' ramp up immediately landward of tidal wetlands line, and 4'x40' fixed pier catwalk constructed 4'-6" above grade of vegetated tidal wetlands. The stated purpose of the proposed activity is to provide riparian access for boating and related recreation.

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 8, 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


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

 

 

 

 


Brownfield Opportunity Areas Program Conformance Review