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-2018-0735
Date of Issuance – November 28, 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, and are available for review at: https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0735_Application.pdf

In F‑2018‑0735, Maspeth Recycling, Inc., is proposing to construct a barge mooring facility along Newtown Creek at 58‑08 48th Street, in the Borough of Queens, Queens County. The facility would include a new 402-linear foot steel sheetpile bulkhead installed waterward of the existing shoreline and backfilled with approximately 3,500 cubic yards of acceptable fill below the spring high water elevation. This would result in a loss of approximately 34,272 square feet (0.79 acres) of tidal wetlands. An area of approximately 26,225 square feet (0.60 acres) would be dredged on the waterward side of the proposed bulkhead to establish a depth of -10 feet. The initial dredging volume is estimated at approximately 3,900 cubic yards, and maintenance dredging of approximately 300 cubic yards is proposed every two years. The stated purpose of the project is to allow for the transport of demolition and recycled materials via the waterway in lieu of overland transport via truck.

The proposed activities would be undertaken within the New York City Waterfront Revitalization Program (WRP) area and is subject to consistency with the WRP policies. The WRP can be reviewed at: https://waterfrontnavigator.nyc/agency-contacts-information/nyc-dcp/

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, December 28, 2018.            

Comments should be addressed to the Consistency Review Unit, New York State Department of State, Office of Planning, Development & Community Infrastructure, 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-2018-0841
Date of Issuance – November 28, 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 on the New York State Department of State’s website at https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0841MadlinDock&Deck.pdf

In F-2018-0841, or the “Madlin Seasonal Dock & Permanent Deck”, the applicant – Patrick Madlin – proposes to build a 10 foot long by 10 foot wide deck on top of the existing 8 foot long by 8 foot wide crib on the eastern dock. In addition, the applicant proposes to install a 36 long foot by 4 foot wide aluminum rollout dock with two 28 foot long by 4 foot wide extensions perpendicular to the rollout dock. Between the fingers, the applicant proposes to install a 12 foot by 8 foot boat hoist. The rollout dock, fingers and boat lift will be seasonal. The application states purpose of the project is to reach a sufficient water depth for the applicant’s boat.

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., 30 days from the date of publication of this notice, or, December 28, 2018.

Comments should be addressed to the Consistency Review Unit, New York State Department of State, Planning, Development and Community Infrastructure, 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-2018-1085
Date of Issuance – December 05, 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 activities comply with and will be conducted in a manner consistent to the maximum extent practicable with the federally 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.

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 or at https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F -2018-1085 CCE for PN.pdf


In F-2018-1085, the applicant, Cornell Cooperative Extension (CCE) of Suffolk County, a non-profit organization, is proposing to install a seawater intake system at Cedar Beach County Park in Suffolk County to provide a high quality seawater supply to a new shellfish hatchery at the Suffolk County Marine Environmental Learning Center, 3690 Cedar Beach Road, Town of Southold, NY. Water will be drawn from the Shelter Island Sound (a/k/a Noyack Bay). The project is in support of the Long Island Shellfish Restoration Project (LISRP).

The proposed system shall consist of a 3-foot wide by 300 feet long intake pipeline buried approximately 3.5 feet below existing grade extending seaward to a 3-foot wide by 200 foot long jetted intake line made up of four (4) 4 inch diameter plastic pipes buried approximately 3.5 feet below existing grade. The proposed structures will extend approximately 137 linear feet from the mean low water line into Shelter Island Sound. Approximately 100-133 cubic yards of material will be excavated and used to refill the trench as the lines are laid out. Trenching is expected to be completed in a single day. HDPE line installation will result in approximately 10-15 feet of HDPE line extending out of the bay bottom into the water column at an estimated depth of 10 feet below mean low water.

Operation of the seawater intake lines will see two lines active at any given time. Calculated peak usage flow rate to supply the hatchery and seasonal ancillary needs would be 550 gallons per minute (gpm). Year-round operation of the shellfish hatchery will require 50-100 gpm. Seawater discharged from the hatchery’s oyster settlement tanks and upweller system will discharge into the Cedar Beach Creek and will have passed through thousands of oysters and clams prior to entering Cedar Beach Creek and is expected to have a beneficial impact on water quality in the creek. The water temperature of the discharge will be lower than the ambient summer water temperature in the creek, potentially mitigating thermal stress and dissolved oxygen issues seasonally experienced by resident marine fauna.
The project site is located within a State-designated Significant Coastal Fish and Wildlife Habitat (SCFWH) – Cedar Beach Point.

More information regarding this designation and the specific habitat values may be found at:
https://www.dos.ny.gov/opd/programs/consistency/Habitats/LongIsland/Cedar_Beach_Point.pdf


The proposed activities would be undertaken within the Town of Southold Local Revitalization Program (LWRP) planning area. As the LWRP is a component of the NYSCMP, activities under federal permitting authority are also subject to review for their consistency with the local program and its specific provisions and policies. More information regarding the LWRP and its policies may be found at:
https://docs.dos.ny.gov/opd-lwrp/LWRP/Southold_T/Index.html

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 December 20, 2018.

Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, 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 to: 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-2018-1156
Date of Issuance – December 05, 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 activities comply with and will be conducted in a manner consistent to the maximum extent practicable with the federally 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-2018-1156, the applicant, Greenpoint Monitor Museum (GMM), a non-profit organization, is proposing to construct a “living shoreline” along the seaward edge of its property in Brooklyn, involving placement of fill materials landward of the spring high tide line. The 2.26 acre property is located at 56 Quay Street, Brooklyn, Kings County, along the East River at Bushwick Inlet. The present shoreline is comprised of anthropogenic fill materials from various debris and the remnants of former piers.

The project is proposed as an erosion control measure at the site which is potentially to be developed at a future date as a museum and education center with dock space for a National Oceanic and Atmospheric Administration U.S.S. Monitor National Marine Sanctuary research vessel. As part of the living shoreline construction, debris would first be removed, consisting of the removal of 460 cubic yards of material below mean high water. Debris removal would be followed by the placement of 590 cubic yards of concrete fill below mean high water. The proposed eco-concrete would be in the form of several eco-concrete panels affixed to steel sheet piles, comprising “habitat panels”, installed with the goal of encouraging colonization by marine fauna. The scope of work proposed includes placement of a drainage pipe and outfall to be capped and is intended to accommodate future storm water conveyances after such time that the museum is constructed.

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 December 20, 2018.

Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, 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 to: 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-2018-0750
Date of Issuance – December 05, 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 on the New York State Department of State’s website at https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0750SagHarborDevelopmentHoldings.pdf

In F-2018-0750, or the “Sag Harbor Development Holdings Residential Development”, the applicant – Sag Harbor Development Holdings – proposes to subdivide the subject property into two tax parcels. One of the two parcels is in the process of submission to the Village of Sag Harbor for a proposed waterfront public park. On the remaining parcel, the applicant proposes the demolition of an existing vacant three story residential building and the redevelopment of a three unit residential condominium with partial subgrade parking and associated amenities. The remnants of the existing former docking facility will be replaced with a new seven-slip dock and portions of the existing revetment will be replaced with a new bulkhead. A net 537± square foot increase of tidal wetlands/waters of the United States will occur as a result of the proposed action. The project is located at 2 West Water Street and 1,3 and 5 Ferry Road, in the Village of Sag Harbor, Suffolk County. The application states purpose of the project is to “redevelop an unoccupied and underutilized waterfront site containing vacant and dilapidated buildings with a new residential use and associated amenities. A further purpose is to improve flood and erosion controls at the site through replacement of portions of an existing dilapidated revetment with a new bulkhead.”

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, December 20, 2018.

Comments should be addressed to the Consistency Review Unit, New York State Department of State, Planning, Development and Community Infrastructure, 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-2018-0991
Date of Issuance – December 12, 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 on the New York State Department of State’s website at https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0991SmithFloatClamPond.pdf

In F-2018-0991, or the “Smith Residential Float on Clam Pond”, the applicant – Deborah Smith proposes to construct a 4 foot by 20 foot open grate fixed pier, a 3 foot by 20 foot ramp and a 6 foot by 20 foot float with two timber piles. The fixed pier will be accessed by a timber stairway installed at the southern end of the pier. The applicant also proposes to install a seasonal water line with connection to the dwelling. The project is located on Clam Pond, at 203 Beacon Walk, in the Incorporated Village of Saltaire, within Fire Island, Suffolk County. The application states purpose of the project is to provide “safe recreational mooring”.

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., 30 days from the date of publication of this notice, or, January 11, 2019.

Comments should be addressed to the Consistency Review Unit, New York State Department of State, Planning, Development and Community Infrastructure, 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-2018-0149
Date of Issuance – December 12, 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 activities comply with and will be conducted in a manner consistent to the maximum extent practicable with the federally 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-2018-0149, the applicant, Extell Hudson River Waterfront Development, LLC, proposes to construct a mixed-use redevelopment of an underutilized waterfront site along the eastern shoreline of the Hudson River in the City of Yonkers, Westchester County, NY. The waterfront development site or Point Street Landing Development site (“the Project site”) is located at 42 Water Grant Street, Yonkers. The Project entails the redevelopment of the former “BICC” and “Excelsior Bag” sites, encompassing 21.54 acres, on Alexander Street and anticipates creation of a new waterfront neighborhood with amenities serving the Yonkers community. The site is currently vacant except for the presence of a single 29,700 square foot structure (the former “EPRI building and herein known as the “EPRI slab”) historically utilized as a research facility for the electric industry. The building will be removed and the foundation slab is proposed to remain with its surface to be improved as a new public space – Bridgeview Park. Accessibility will be from a pedestrian bridge connecting from a new waterfront esplanade. Proponents of the development project advance that the Project is consistent with goals set forth in the 2008 City of Yonkers Alexander Street Urban Renewal Plan and the Alexander Street Master Plan. The larger upland development proposes approximately 1,378 units of rental housing, 52,000 square feet of retail space, and 1,383 parking spaces with construction of six (6) seven-story buildings and (1) twenty-story building. In accordance with City of Yonkers requirements, 10% of the units in each building will be designed as affordable housing.
The Project includes plans to construct 2,825 feet of contiguous public access walkway or waterfront esplanade which would also serve as an emergency and secondary fire access route in accordance with the development requirements of the City of Yonkers. The esplanade would be partially pile-supported with an anticipated 7.33 cubic yards of fill required to install the pilings below spring high tide. A section of the esplanade would span water space to be exposed following demolition of an existing structure and will connect as a pedestrian access bridge to the new Bridgeview Park (former EPRI slab) which presently constitutes structure within the river and is proximate to a capped area associated with an extensive environmental remediation completed as part of a brownfield cleanup of the Hudson River. This park will be designed as a new public space affording views of the Hudson River and the George Washington Bridge.
The current total proposed area of in water fill anticipated to result from the project, fills associated with the EPRI access bridge piles, esplanade piles, and repairs to the EPRI slab sub-structure is approximately 232.93 cubic yards. The currently proposed project plan has been revised to significantly reduce the area of waterward enchroachment and potential for adverse impacts to the aquatic environment. As re-designed, new in-water structure would occupy less than 0.08 acres and will meet conditions of a U.S. Army Corps of Engineers nationwide permit.
This section of the Hudson River is a state-designated Significant Coastal Fish and Wildlife Habitat (SCFWH) – the Lower Hudson Reach. More information regarding this designation and the specific habitat values may be found at:

https://www.dos.ny.gov/opd/programs/consistency/Habitats/nyc/Lower_Hudson_Reach.pdf and
https://www.dos.ny.gov/opd/programs/consistency/scfwhabitats.html

Additional Project elements include repair of 1,965 linear feet of rip rap shoreline with an elevation of the shoreline to +10.0 feet. No rip rap is proposed below spring high water; inter-planting of the rip rap with native species; installation of (6) stormwater outfalls with separate stormwater collection systems; and installation of 1,395 feet of new bulkhead landward of an existing deteriorated bulkhead along the shoreline.
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 December 20, 2018.
Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, 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 to: CR@dos.ny.gov.

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

 


Local Waterfront Revitalization 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

 

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


Public Notice - Brownfield Opportunity Area, Conformance Determination.
Project: Homeridae LLC Photovoltaic Solar System.
Location: Olean Northwest Quadrant Revitalization Plan Brownfield Opportunity Area
City of Olean, Cattaraugus County

In accordance with General Municipal Law, Article 18 - C, Section 970-r, the Secretary of State designated the Olean Northwest Quadrant Revitalization Plan Brownfield Opportunity Area, in the City of Olean, on December 3rd, 2015. The designation of the Olean Northwest Quadrant Revitalization Plan Brownfield Opportunity Area was supported by a Nomination or a comprehensive planning tool that identifies strategies to revitalize the area which is affected by one or more known or suspected brownfield sites.

Pursuant to New York State Tax Law, Article 1, Section 21, the eligible taxpayer(s) of a project site located in a designated Brownfield Opportunity Area may apply for an increase in the allowable tangible property tax credit component of the brownfield redevelopment tax credit if the Secretary of State determines that the project conforms to the goals and priorities established in the Nomination for a designated Brownfield Opportunity Area.

On April 19th, Homeridae, LLC submitted a request for the Secretary of State to determine whether the Homeridae LLC Photovoltaic Solar System project, which will be located within the designated Olean Northwest Quadrant Revitalization Plan Brownfield Opportunity Area, conforms to the goals and priorities identified in the Nomination that was prepared for the designated Olean Northwest Quadrant Revitalization Plan Brownfield Opportunity Area.

The public is permitted and encouraged to review and provide comments on the request for conformance. For this purpose, the full application for a conformance determination is available online: Here

Comments must be submitted no later than June 16, 2018, either by mail to: Christopher Bauer, New York State Department of State, Office of Planning and Development, 65 Court Street, Suite 208, Buffalo, NY 14202, or by email to: chris.bauer@dos.ny.gov.