Dock construction along Lake Ontario is regulated
by the following New York State Conservation Law.
You should also check with your county,
city and/or town for additional permit
requirements.
STATE
REGULATIONS
ECL
Article 15; NYS-DEC
6 NYCRR 608
The following are the NYS-DEC
rules and regulations regarding dock construction:
(a) Applicability. This section applies to the construction,
reconstruction or repair of docks, piers, wharfs, platforms,
breakwaters and the installation of moorings, in, on or above
the navigable waters of the state lying above underwater
lands not owned by the state. Use of state-owned lands under
water generally requires a lease, easement, permit or other
interest from the Commissioner of the New York State Office
of General Services, pursuant to regulations implementing
the Public Lands Law. The department will review any application
for a lease, easement, permit or other interest submitted
to the Office of General Services, except lawful facilities
in existence on June 17, 1992, utilizing the criteria set
forth in this Part, including consideration of the degree
to which the activity is water-dependent. The Office of General
Services will incorporate as conditions on any lease, easement,
permit or other interest, any specific recommendations made
by the department.
(b) Permit required. Except as provided in subdivision (c)
of this section, no person or public corporation may:
(1) construct, reconstruct, modify, repair or change the
use of any dock, pier, wharf, platform, breakwater or other
structure in, on or above the navigable waters of the state;
or
(2) install or modify any mooring area; without a permit
issued pursuant to this Part.
(c) Exceptions. A permit pursuant to Subdivision (b) of
this Section is not required for the following:
(1) docks, piers, wharfs, platforms, moorings and other structures
placed on, in or above state-owned lands under water for
which lease or other appropriate conveyance of interest
authorizing the use and occupancy of such lands has been
obtained from the Commissioner of General Services;
(2) a docking facility providing dockage for five or fewer
boats and encompassing within its perimeter an area of
less than 4,000 square feet;
(3) a mooring area providing mooring for fewer that 10 boats;
(4) temporary anchoring where a boat is not attached to an
in-place or fixed mooring device;
(5) seasonal replacement or reinstallation
of floating docks and other structures exceeding the criteria
in Paragraph (2) of this Subdivision, legally existing prior
to May 4, 1993, or for which a permit has been obtained
under
this Part;
(6) the relocation, replacement, and/or rearrangement of
floating docks, ramps, walkways and anchoring devices within
the established perimeter of a docking facility or mooring
area; and
(7) ordinary maintenance and repair of structures such as
repainting, redriving piles or replacing boards in docks.
Maintenance and repair does not include substantial reconstruction
of structures.
(d) The department may issue permits that authorize the
permittee to reconfigure, rearrange or change the dimensions
of floating structures, fixed structures supported by piles
or open supports, and moorings, within an approved perimeter,
provided such changes are within the limits of authorized
activities regarding numbers of boats, surface area of structures
and approved uses of the facility.
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