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-2017-0570
Date of Issuance – October 18, 2017

Upon the applicant’s request, the Department of State terminated its review of the consistency certification for F-2017-0570 on October 27, 2017. Public comments will still be accepted through November 18, 2017. Additionally, there will be another opportunity for public comment if the proposal is resubmitted.

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-2017-0570, Manna Fish Farms, is proposing to develop a commercial, open ocean, multi-trophic farm on a 1.5-square mile lease site located approximately 8 miles east-southeast of Shinnecock Inlet in the Atlantic Ocean. The applicant proposes to install up to 24 submersed fish containment cages and pens over an initial project term spanning 10 years (2018-2028). Plans also include the seasonal installation of long lines (approx. 1,000 ft each) to support native sugar kelp and scallop aquaculture.

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, November 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-2017-0690
Date of Issuance – October 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-2017-0690, New York Power Authority, is proposing to install the Huntley Water Level Gauge at 218 Aqua Lane, Town of Tonawanda, Erie County. The applicant proposes to install a new river level gauging station along the Niagara River with a pipe and still basin affixed to the existing sheetpile wall. Additionally, a small inland building (10 ft x 10 ft) would be constructed to house the electrical components of the unit and an electrical service trench of approximately 750 linear feet would be require excavation to a new tie-in location.

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, November 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-2017-0425
Date of Issuance – October 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-2017-0425, Sunscape at Bayshore HOA, Inc., is proposing the Hyde Canal Pier Reconstruction Project at 75 Boathouse Lane, Town of Islip, & Suffolk County. The applicant proposes to reconstruct the east side of a non-functional timber pier as a free-standing timber/vinyl jetty approximately 120 feet in length, reconstruct approximately 75 feet of freestanding timber/vinyl jetty in-place, and reconstruct approximately 230 feet of timber, vinyl bulkhead in-place.

The proposed activities would be partially undertaken in the State-designated Significant Coastal Fish and Wildlife Habitat (SCFWH) unit of the Great South Bay-West. Information on this habitat to be evaluated in considering this project may be found on the Office of Planning and Development’s website:

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, November 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-2017-0501
Date of Issuance – October 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-2017-0501, 91 West LLC, is proposing the 91 West Street Mooring Facility Project at 91 West Street in the Borough of Brooklyn, Kings County. The applicant proposes to drive piles approximately 55 feet seaward of the existing top of bank along the East River. A removable temporary catwalk (6 feet x 60 feet) would extend from the shore to the piles to provide access to excursion vessels.

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, November 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-2017-0512
Date of Issuance – October 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-2017-0512, Mr. Anthony Cibellis, is proposing waterfront improvements at 626 Barnes Avenue in the Town of Baldwin, Nassau County. The applicant proposes to fill the existing boat ramp with ±27cy of clean soil and install a fixed platform/dock measuring 6 ft x 24 ft (244 sf) to provide access to a proposed boat lift in Parsonage Cove. In addition, the proposed activity includes installing two floating docks along the bulkheaded 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., 30 days from the date of publication of this notice, or, November 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-2017-0727
Date of Issuance – October 25, 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-2017-0727, Town of Oyster Bay Department of Public Works, is proposing to dredge five canal mouths in Massapequa, Massapequa Park and Biltmore Shores. The specific areas to be dredge include portions of: South Bay Inlet, Jomarr Basin, Riviera Canal, Gene Williams Canal and Lafayette Place outfall. Total sediment removal for the combined project is approximately 6,600 cubic yards. Dredging shall be completed mechanically with a clam shell bucket (to minimize re-suspension of sediments) and barged to a dewatering location at the Tobay Beach and Boat Basin. Once dewatered sediments will be disposed of at an approved landfill.

The applicant’s consistency certification and supporting information area also available at http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2017-0727OysterBayDPW.pdf

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, November 09, 2017.

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-2017-0638
Date of Issuance – November 01, 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-2017-0638, or the “Manitou Station Roadway Improvements” the applicant – the Town of Philipstown – proposes to raise a 600-linear foot section of Manitou Station Road across a wetland by 5 feet. The project also includes the installation of two (2) 48” high by 72” wide concrete culverts. The project is located at the west end of Manitou Station Road in the Town of Philipstown, Putnam County. The purpose of the project is to mitigate flooding of the roadway and to allow connection of the tidal wetlands on each side of the roadway.

The proposed activities would be undertaken adjacent to the State-designated Significant Coastal Fish and Wildlife Habitat (SCFWH) unit of the Manitou Marsh and within the Hudson Highlands Scenic Area of Statewide Significance (SASS) subunit HH-18. Information on this habitat and protected scenic landscape to be evaluated in considering this project may be found on the Office of Planning, Development and Community Infrastructure’s website:

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, November 16, 2017.

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-2017-0543; 0545; 0609; 0821

Date of Issuance – November 01, 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 applicants below have certified that proposed activities comply with and will be conducted in a manner consistent with the approved New York State Coastal Management Program (NYSCMP). The applicants’ consistency certifications 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-2017-0543, the applicant – Patricia Winchester at 1621 Lake Road, Town of Porter, Niagara County, proposes to construct a 50’ rock breakwall along the shoreline. The proposed breakwall would consist of 4 ton toe rock with 1 to 3 ton rip rap placed landward of the toe rock over a geotextile underlayer. The purpose of the shoreline treatment is to inhibit further erosion due to extremely high water and wave action. The upland property is residential and directly fronts Lake Ontario. The proposed breakwall would be contiguous with that proposed by the immediately adjacent neighbor (see Khatib, F-2017-0545, below). The project site is located within a State-designated coastal erosion hazard area (CEHA).
In F-2017-0545, the applicant – Joy Khatib at 1619 Lake Road, Town of Porter, Niagara County, proposes to construct a 50’ rock breakwall along the shoreline. The proposed breakwall would consist of 4 ton toe rock with 1 to 3 ton rip rap placed landward of the toe rock over a geotextile underlayer. The purpose of the shoreline treatment is to inhibit further erosion due to extremely high water and wave action. The upland property is residential and directly fronts Lake Ontario. The proposed breakwall would be contiguous with that proposed by the immediately adjacent neighbor (see Winchester, F-2017-0543, above). The project site is located within a State-designated coastal erosion hazard area (CEHA).
In F-2017-0609, the applicant – Dale Livergood, at 9561 Somerset Drive, Town of Somerset, Niagara County, proposes to add one half to 1 ton of rip rap extending an existing permitted breakwall toward the extent of the western property boundary line. The project site may be located within a State-designated coastal erosion hazard area (CEHA). This waterfront property is within the Local Waterfront Revitalization Program (LWRP) boundary of the Town of Somerset and is subject to consistency with its policies and provisions.
In F-2017-0821, the applicant –Lynn Skelly, at 12 Country Club Shores West, Ogdensburg, St. Lawrence County, proposes to extend an existing dock by 46’ waterward and increasing from two cribs to four cribs. The applicant states the purpose is to accommodate boat dockage and to improved depth of water reached compared to the existing dock stated to reach a typical water depth of less than 2’. This waterfront property is situated outside of the Local Waterfront Revitalization Program (LWRP) boundary of the City of Ogdensburg and is therefore not subject to consistency with its policies and provisions.
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 November 16, 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-2017-0755
Date of Issuance – November 01, 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 applicants below have certified that proposed activities comply with and will be conducted in a manner consistent with the approved New York State Coastal Management Program (NYSCMP). The applicants’ consistency certifications 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-2017-0755, the applicants – Edward and Vera Kraven – at their property on the East Mill Basin and located at109 Whitman Drive, Brooklyn, Kings County, New York, propose to demolish an existing timber floating dock, gangway, ramp, timber platform, and concrete slab that sits on the upland portion of the site and to install a new steel sheet pile bulkhead landward of the mean higher high water line. Applicants propose to then construct a 46’ wide x 52’ long pile-supported platform (or 2,392 square feet), over both the landward and waterward sides of the new bulkhead, encompassing an area of approximately 1,500 square feet of new overwater coverage. The applicants state the purpose of the new platform is to serve as the foundation for a new single family dwelling. No dwelling presently exists at the site. Construction of a new 5’ wide x 35’ long floating dock and a 3’ x 40’ aluminum gangway is additionally proposed.
The above-referenced project is located within the New York City Waterfront Revitalization Program (WRP) planning area and proposed activities must be evaluated for their consistency with the policies and purposes of the federally approved program.
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 1, 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-2017-0788
Date of Issuance – November 01, 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-2017-0788, Mark Rosenberg, is proposing to install a 4’ x 60’ pier 3’ x 18’ramp, 8’ x 24’float supported by 4 piles and 4 additional mooring piles extending from his property at 2 Rizkin Place, Island Park, Nassau County into Island Park Harbor.

The proposed activities would be undertaken in the State-designated Significant Coastal Fish and Wildlife Habitat (SCFWH) unit of West Hempstead Bay. Information on this habitat to be evaluated in considering this project may be found on the Office of Planning and Development’s website:

The applicant’s consistency certification and supporting information are also available at http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2017-0788_ForWebPN.pdf

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, November 30, 2017.

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-2017-0809
Date of Issuance – November 01, 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-2017-0809, Port of Oswego Authority is proposing to reconstruct a marina fuel pier along the Oswego River located at 1 East Second Street (East Dock), in the City of Oswego, Oswego County.

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 1, 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-2017-0614
Date of Issuance – November 01, 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-2017-0614, Suffolk County Department of Public Works, is proposing the Carmans River Lower Lake Fish Passage Project at the Lower Lake dam located along Yaphank Avenue, City of Yaphank, Suffolk County.

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 1, 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-2017-0634
Date of Issuance – November 01, 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-2017-0634, Mr. Kenneth and Ms. M. Grace Govenettio, are proposing to place riprap against an existing sea wall along Lake Ontario located at 5596 Nutting Street Road, Town of Henderson, Jefferson County.

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 1, 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-2017-0640
Date of Issuance – November 01, 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-2017-0640, Ms. Kelly Warmingham is proposing to repair shore erosion by building a rock revetment along Lake Ontario located at 2461 Lake Shore Road, Town of Porter, Niagara County.

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 1, 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-2017-0641
Date of Issuance – November 01, 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-2017-0641, Mr. Nicholas Notias is proposing to construct a ramp, dock, and two lower platforms at the offshore end of the dock in Shelter Island Sound located at 450 Paradise Point Road, Town of Southold, Suffolk County.

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 1, 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-2017-0643
Date of Issuance – November 01, 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-2017-0643, Mr. Fatmir Nezha is proposing to construct a stone revetment along Lake Ontario located at 4617 East Lake Road, Village of Wilson, Niagara County.

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 1, 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-2017-0714
Date of Issuance – November 01, 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-2017-0714, New York City Parks & Recreation is proposing to rehabilitate shoreline damage that occurred during Hurricane Sandy along the Hudson River located at Riverside and Fort Washington Parks, in the Borough of Manhattan, New York County.

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 1, 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-2017-0801
Date of Issuance – November 15, 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-2017-0801, New York City Economic Development Corporation (NYCEDC or EDC), is proposing the Pier 4 Ferry Landing Rehabilitation at the Brooklyn Army Terminal in Upper Bay at 6224 2nd Avenue, Borough of Brooklyn, Kings County. The purpose of this replacement is to provide direct access for a passenger ferry service at Pier 4, to upgrade the current ferry access for improved ADA and Local Law 68 compliance and passenger safety, and to modernize the ferry stop to be more consistent with other ferry landings utilized by New York City Ferry Services. The scope of work includes: installation of a new 90 foot by 35 foot steel ferry landing barge, anchor piles, support piles, and mooring/breasting dolphins; and removal of the existing ferry barge and associated anchor piles.

The proposed activities would be undertaken within the New York City Waterfront Revitalization Program (WRP) planning area.  As the WRP 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. 

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 15, 2017.                       

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-2017-0824
Date of Issuance – November 15, 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-2017-0824, East Rockaway Union Free School District, is proposing a bank stabilization project along Mill River at the East Rockaway Jr-Sr High School located at 443 Ocean Avenue within the Village of East Rockaway, Nassau County. The proposed activity includes stabilizing approximately 80 linear feet of shoreline by installing stone riprap consisting of hard quarry cut stone, limestone or granite.

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 15, 2017.                       

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-2017-0750
Date of Issuance – November 15, 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-2017-0750, Mr. Anthony Ciarletta, is proposing to install a new bulkhead, boat launching ramp, and a fixed timber pile-supported pier, with a platform, boat lift, and jet ski lift in Great South Bay at 640 Tuckahoe Road, Village of Amityville, Suffolk County.

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 15, 2017.                       

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-2017-0660
Date of Issuance – November 15, 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-2017-0660, or the “James Ellis Dock Extension”, the applicant – James Ellis – proposes extend an existing 80 feet by 8 feet dock by an additional 90 feet waterward. The project is located 9351 River Shore Drive, Niagara Falls, NY on the Niagara River. 

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 15, 2017.            

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.


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

 

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