New York State Coastal Management Program and Final Environmental
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NEW YORK STATE COASTAL MANAGEMENT PROGRAM AND FINAL ENVIRONMENTAL IMPACT STATEMENT This document incorporates all of the approved routine program changes from 1982 to 2020. Prepared by: Office of Coastal Zone Management National Oceanic and Atmospheric Administration Department Of Commerce 3300 Whitehaven Street, N.W. Washington, D.C. 20235 and New York Department of State 99 Washington Avenue, Suite1010 Albany, New York 12231‐0001 The preparation of this publication was financed in part through the office of Coastal Zone Management, NOAA. DESIGNATION: Final Environmental Impact Statement TITLE: Proposed Federal Approval of the New York Coastal Program ABSTRACT: The State of New York has submitted its Coastal Program to the Office of Coastal Zone Management for approval. Approval would allow program administrative grants to be awarded to the State, and would require that Federal actions be consistent with the program. This document includes a copy of the program (Volume 1), which is a comprehensive management program for coastal land and water use activities. It consists of numerous policies on diverse management issues which are administered under existing State laws and is the culmination of several years of program development. New York’s coastal policies either: promote the beneficial use of coastal resources, prevent their impairment, or deal with major activities that substantially affect numerous resources. The program will improve decision-making processes used for determining the appropriateness of actions in the coastal area. Approval and implementation of the program will enhance governance of the State’s coastal land and water areas and uses according to the coastal policies and standards contained in the existing statutes, authorities and rules. Federal alternatives to program approval include delaying or denying approval, if certain requirements of the Coastal Zone Management Act have not been met. The State could modify parts of the program or withdraw their application for Federal approval if either of the above Federal alternatives results from circulation of this document. APPLICANT: State of New York, Secretary of State LEAD AGENCY: U.S. Department Of Commerce National Oceanic and Atmospheric Administration Office of Coastal Zone Management CONTACT: Ms. Kathryn Cousins North Atlantic Regional Manager Office of Coastal Zone Management 3000 Whitehaven Street, N.W. Washington, D.C. 20235 (202/634-4126) STATE OF NEW YORK DEPARTMENT OF STATE ALBANY NY, 12231 Basil A. Paterson Secretary of State Mr. William Matuszeski August 13, 1982 Assistant Administrator Office of Coastal Zone Management United States Department of Commerce 3300 Whitehaven Street, N.W. Page Building 1 Washington, D.C. 20235 Dear Mr. Matuszeski: I am pleased to submit New York State’s Coastal Management Program and Final Environmental Impact Statement. As Secretary of State, I have been designated, pursuant to the Waterfront Revitalization and Coastal Resources Act of 1981, and Chapter 464 of the 1975 Laws of New York State, to prepare and implement a coastal management program. This document is the culmination of years of local, state and federal government efforts, as well as those of groups representing civic, environmental, development, and other interests. The public and government officials have had numerous opportunities to shape this program. Public meetings, held in 1978, were followed by public hearings in early 1979 conducted by this agency. Legislative hearings were held in late 1979. There were over 1,000 meetings to assist in the preparation of this document. As a result of the comments received, the State’s program uses a networking approach enforced primarily through the existing New York State Environmental Quality Review Act. In accordance with the provisions of Section 102(2) (c) of the National Environmental Policy Act of 1969, 1,500 copies of the Draft Environmental Impact Statement on the proposed New York State Coastal Management Program were circulated for review and comment to Federal, State, regional and local government agencies as well as to numerous private interest groups. In response to the many comments received, numerous changes have been made to the program. In accordance with the requirements of the Coastal Zone Management Act regulations (Section 923.48), a letter from the Governor will follow after the minimum ten-day review following the notice of availability of the Final Environmental Impact Statement. This review period is a requirement of the New York State Environmental Quality Review Act regulations (6NYCRR Section 617.9). Upon completion of the Federal review process, we anticipate New York State will have an approved Coastal Management Program in September, 1982. NEW YORK STATE COASTAL MANAGEMENT PROGRAM TABLE OF CONTENTS PART I. OVERVIEW 1 SUMMARY OF THE NEW YORK STATE MANAGEMENT PROGRAM 1 CHANGES THE PROGRAM WILL MAKE 2 THE FEDERAL COASTAL ZONE MANAGEMENT ACT 3 CROSS REFERENCE TO PROGRAM REQUIREMENTS (306) 5 PART II. DESCRIPTION OF THE NEW YORK STATE COASTAL MANAGEMENT PROGRAM 1 SECTION 1 – INTRODUCTION 1 New York State’s Coastal Management Program 1 Optional Local Waterfront Revitalization Programs 2 Public Participation 2 Program Development 3 SECTION 2 – COASTAL REGIONS OF NEW YORK: RESOURCES AND CONCERNS 1 Introduction 1 Marine Coast of Long Island and New York City 1 Long Island 1 New York City 4 Hudson River Estuary 6 Great Lakes ‐ St. Lawrence Region 7 SECTION 3 – COASTAL BOUNDARIES 1 Introduction 1 Boundary Criteria 1 Special Accommodations 3 New York State Coastal Area 4 Landward Boundary 4 Seaward Boundary 4 Mapping 5 Figure 1 Application of Boundary Criteria 6 Figure 2 Application of Boundary Criteria 7 Figure 3 Application of Boundary Criteria 8 Figure 4 Application of Boundary Criteria 9 Figure 5 New York State Coastal Area 10 SECTION 4 – PROGRAM MANAGEMENT 1 Introduction 1 Management Role of State Agencies 2 Coastal Management Agency 2 Departmental of Environmental Conservation (DEC) 3 Other State Agencies 3 Advocacy Role of State Agencies 4 Consistency of State Agencies’ Actions 7 State Environmental Quality Review Process 8 Department of State Regulations 8 Judicial Review of Agencies’ Decisions 9 i NEW YORK STATE COASTAL MANAGEMENT PROGRAM Table 1: Legal Authorities Essential to the Implementation of NYS Coastal Management Program 10 Local Government Involvement 11 Local Program Approval Process 12 Program Funding 13 State Agencies’ Activities 13 Local Government Activities 13 Funding Priorities 14 SECTION 5 – COASTAL ISSUES 1 Development 1 Introduction 1 Deteriorated and Underutilized Waterfront Space 1 Competition for Space 1 Incompatible Adjacent Uses 1 Transportation Issues 2 Concentration of Development 3 Offshore Development 3 Smart Growth 4 Sustainability 6 Environmental Justice 7 Permitting Procedures 8 Climate Change 8 Introduction 8 Coastal System Impacts 9 Mitigation and Adaptation 11 Coastal Resilience 11 Ecosystem-Based Management 12 Introduction 12 Elements of Ecosystem-Based Management 13 Fish and Wildlife 13 Introduction 13 Habitat Protection 14 Toxic Substances and Other Pollutants 14 Recreational Use of Fish and Wildlife Resources 15 Commercial Fisheries Development 15 Flood and Erosion Hazards 16 Introduction 16 Damages Resulting from Flooding and Erosion 18 Responses to Coastal Hazards 19 Lake Levels 22 Evacuation Needs 24 Public Access 24 Introduction 24 Access to the Coast at Large 24 Access to Coastal Recreation Resources 25 Recreation 26 Introduction 26 Use Conflicts 26 Excessive Use 27 ii NEW YORK STATE COASTAL MANAGEMENT PROGRAM Urban Area Needs 27 Historic and Cultural Resources 28 Recreational Boating and Fishing 28 Public vs. Private Ownership 28 Scenic Quality 29 Introduction 29 Degradation of Scenic Resources 29 Protection of Scenic Quality 30 Agriculture 30 Introduction 30 Loss of Agricultural Lands 30 Definition of Important and Valuable Farmland 31 Energy 31 Introduction 31 Coastal and Offshore Energy Development 33 Furtherance of State Clean, Renewable and Resilient Energy Policy Goals 34 Water Resources 36 Introduction 36 Industrial Wastes and Toxic Substances 36 Municipal Sewage Treatment 37 Urban Stormwater Runoff and Combined Sewer Overflows 37 Agricultural Runoff and Wastes 38 Vessel Wastes 38 Dredging and Dredge Spoil Disposal 38 Oil and Other Hazardous Substances Spills 39 Nutrients 40 Groundwater 40 Solid Wastes 40 Thermal Discharges 41 Water Supply 41 Other Water Resource Related Issues 42 Air Quality 42 Introduction 42 Attainment and Maintenance of National Air Quality Standards 42 Table 2: Coastal Areas Designated as Nonattainment Areas for Health-Related Pollutants 44 Protection of Clean Air Areas from Significant Deterioration 45 Air Pollution Control Problems in Rural Areas 45 Control of Toxic Discharges into the Air 45 SECTION 6 – COASTAL POLICIES AND IMPLEMENTATION 1 Coordination 1 Policies 1 Policy 1 3 Policy 2 8 Policy 3 12 Policy 4 15 Policy 5 17 Policy 6 21 Policy 7 22 iii NEW YORK STATE COASTAL MANAGEMENT PROGRAM Policy 8 27 Policy 9 31 Policy 10 33 Policy 11 35 Policy 12 38 Policy 13 39 Policy 14 41 Policy 15 42 Policy 16 44 Policy 17 46 Policy 18 48 Policy 19 56 Policy 20 63 Policy 21 68 Policy 22 73 Policy 23 76 Policy 24 80 Policy 25 84 Policy 26 86 Policy 27 92 Policy 28 99 Policy 29 100 Policy 30 103 Policy 31 104 Policy 32 105 Policy 33 106 Policy 34 107 Policy 35 108 Policy 36 109 Policy 37 109 Policy 38 110 Policy 39 111 Policy 40 112 Policy 41 113 Policy 42 114 Policy 43 115 Policy 44 116 SECTION 7 – PLANNING