§ 922. Comprehensive harbor management plans. 1. In order to implement
a comprehensive harbor management plan the local legislative body of a
city, town or village may adopt, amend and enforce local laws or
ordinances, not inconsistent with the laws of this state or the United
States, to regulate the construction, size and location of wharves,
docks, moorings, piers, jetties, platforms, breakwaters or other
structures, temporary or permanent, in, on or above waters and the use
of surface waters and underwater lands within a city, town or village or
bounding a city, town or village to a distance of fifteen hundred feet
from the shore. Such local laws or ordinances may provide for the
imposition of fees for reasonable expenses incurred by the city, town or
village in carrying out this regulatory authority.

2. No 1oca1 1aw or ordinance adopted pursuant to the powers granted by
this section shall take effect until it shall have been submitted to and
approved in writing by the secretary of state, nor shall such 1oca1 1aw
or ordinance affect projects and facilities undertaken or constructed by
public authorities for which a statutory exemption has been provided or
public authorities formed by compact with another state or any
subsidiary thereof formed pursuant to bi-state legislation. The
secretary of state shall not approve any local law or ordinance without
first consulting with the commissioner of general services and other
interested state agencies administering state-owned lands underwater,
nor shall the secretary approve any local law or ordinance not in
accordance with any comprehensive harbor management plan adopted as part
of a local waterfront revitalization program by the local legislative
body of the city, town or village and approved by the secretary pursuant
to this article.

3. (a) Municipalities on lakes, other than those lakes identified in
subdivision four of section nine hundred eleven of this article, may,
pursuant to this section, develop cooperative lakewide local waterfront
revitalization programs and harbor management plans.

(b) Where no local waterfront revitalization program and harbor
management plan exists which has been cooperatively prepared by all of
the municipalities which border the shores of such a lake, no local law
or ordinance adopted by one such municipality pursuant to a harbor
management plan shall be approved without a finding by the secretary of
state that the local law or ordinance is consistent as well with the
management of the lake by, and interests of, the lake residents and its
municipalities as a whole.

(c) Where an organization or entity has been created by statute to
provide lakewide planning or regulation, such local laws or ordinances
shall be consistent with the plans developed by such organization or
entity pursuant to the procedures required in such statute.

4. No provision of this chapter shall be deemed to diminish the
authority of any city, town or village pertaining to the regulation of
harbors, surface waters and underwater lands granted by any other law,
charter, patent or other instrument. Nor shall it be read to authorize
local harbor management plans displacing conforming water-dependent
businesses in existence on the effective date of this section.

5. Any conveyances of interests pursuant to subdivision seven of
section seventy-five of the public lands law and any permits issued
pursuant to subdivision one of section 15-0503 of the environmental
conservation law shall be consistent, insofar as possible, with approved
comprehensive harbor management plans adopted pursuant to this section.