HomeMy WebLinkAbout01/03/1989
CAC Local Waterfront Revitalization Program
1/3/89
Attending: Frank Bear, Dick Wilton, Steve Latson, Valerie Scopaz, Peter
Walsh, Steve Resler, Ellen Larsen, Ruth Oliva
As the full committee was not present, we decided to listen to Steve
Resler. He worked as an environmental analyst for Smithtown in 1981
and as a Bay constable for 4 years. He then worked for D.E,C. bureau
of shellfisheries. In January 1988, he joined the NY Dept. of State
Coastal Resources Division.
He said that the bay constables can enforce state, county, and local
laws - any water pollution, shellfish, development, etc. laws.
They can enforce Article 71 of the D.E.C. enforcement law. In general,
unless specified by local code, a bay constable is a fully empowered
law enforcement officer with no particular limits to jurisdiction.
Often bay constables are not comfortable with environmental issues.
When this is the case, they can be sent to NY Stae school to learn
about environmental law.
Steve said that private ownership of un~erwater land is in reality
a highly questionable ownership. The Town controls bay bottom:
Section 1-30( 17) NYS Town Law, gives the Town the authority to regulate
anchoring & mooring of boats, speed limits, etc. within the Town or
bordering to Town to 1500 feet. In Southold, we control the Bay up
to the adjacent Town boundaries. On the Sound, we have authority to
the state border.
NY State navigation law is not applicable in Nassau & Suffolk counties.
Speed limits etc. must be approved by the N.Y. State Office of
Parks & Recreation or they are not binding.
So, we can set mooring areas. If there is a mooring fee, it should
be a lease for bay bottom. Official mooring areas are closed to
shellfishing on aseasonal basis. We need to look into this before
we establish official mooring areas.
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