§ 27-2513. Exemptions.

Notwithstanding any inconsistent provision of law, this title shall
not apply to:

1. railroads, as defined in subdivisions twenty-four and twenty-nine
of section two of the transportation law or within the scope of titles
nine and eleven of article five of the public authorities law;

2. the operation and/or maintenance of railroad and railroad shipping
facilities, including but not limited to the right of way, tracks, track
sidings, team tracks and bridges;

3. any electric corporation, as defined by subdivision thirteen of
section two of the public service law, nor shall it apply to the
operation, use, or maintenance of any new or existing utility pole or
facilities owned or used, in whole or in part, by a telephone
corporation, utility company, or cable television company, as defined by
subdivisions seventeen and twenty-three of section two and subdivision
one of section two hundred twelve of the public service law,
respectively;

4. the use of one or more utility poles by any person in connection
with the suspension or support of power, communications, utility wires,
lines or cables and related equipment, antennae, lighting, signals,
electric or electronic devices or similar equipment or apparatus;

5. any public authority that owns and operates electric transmission
or distribution lines, a municipally owned electric utility or a rural
electric cooperative, nor shall it apply to the operation, use, or
maintenance of any new or existing utility pole or facilities owned or
used, in whole or in part, by any such public authority, municipally
owned electric utility, or rural electric cooperative; and

6. until January first, two thousand ten, any existing marina or other
facility for berthing and mooring of pleasure vessels, including
rowboats and canoes, and the storage thereof, and any existing facility
that services pleasure vessels other than an existing marina or other
facility for berthing and mooring of pleasure vessels, or facility that
services pleasure vessels owned and/or operated by a municipal entity.
For the purpose of this section, pleasure vessel shall have the same
meaning as in paragraph (c) of subdivision six of section two of the
navigation law.