Legislation
SECTION 34-0102
Declaration of policy
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 34
§ 34-0102. Declaration of policy.
It is declared to be the public policy of the state of New York that:
1. Those areas of the state's coastline most prone to erosion hazards
should be identified.
2. Any activities, development or other actions in such erosion hazard
areas should be undertaken in such manner as to minimize damage to
property, and to prevent the exacerbation of erosion hazards. Such
actions may be restricted or prohibited if necessary to protect natural
protective features or to prevent or reduce erosion impacts.
3. Local governments should be encouraged to use all authorities that
can be applied within the identified erosion hazard areas to achieve
these objectives.
4. Public actions, such as the provision of additional municipal
services, which are likely to encourage new permanent activities or
development within coastal erosion hazard areas should not occur unless
such hazard areas have been protected by erosion protection structures
or non-structural measures which are most likely to prevent damage from
effects of erosion during the anticipated life of the proposed
activities or development.
5. Publicly-financed structures to minimize erosion damage should be
utilized only where necessary to protect human life, existing investment
in development or new development which requires a location within the
erosion hazard area or adjacent coastal waters to be able to function.
Both publicly and privately financed erosion protective structures
should be designed to minimize damage to other man-made property or to
natural protective features or to other natural resources; long term
costs of such structures should be carefully weighed against public
benefits before construction is undertaken.
It is declared to be the public policy of the state of New York that:
1. Those areas of the state's coastline most prone to erosion hazards
should be identified.
2. Any activities, development or other actions in such erosion hazard
areas should be undertaken in such manner as to minimize damage to
property, and to prevent the exacerbation of erosion hazards. Such
actions may be restricted or prohibited if necessary to protect natural
protective features or to prevent or reduce erosion impacts.
3. Local governments should be encouraged to use all authorities that
can be applied within the identified erosion hazard areas to achieve
these objectives.
4. Public actions, such as the provision of additional municipal
services, which are likely to encourage new permanent activities or
development within coastal erosion hazard areas should not occur unless
such hazard areas have been protected by erosion protection structures
or non-structural measures which are most likely to prevent damage from
effects of erosion during the anticipated life of the proposed
activities or development.
5. Publicly-financed structures to minimize erosion damage should be
utilized only where necessary to protect human life, existing investment
in development or new development which requires a location within the
erosion hazard area or adjacent coastal waters to be able to function.
Both publicly and privately financed erosion protective structures
should be designed to minimize damage to other man-made property or to
natural protective features or to other natural resources; long term
costs of such structures should be carefully weighed against public
benefits before construction is undertaken.