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HomeMy WebLinkAbout_ Public Lands Law - Bd of Commissioners of the Land Office ~ ~ ~ Z ~ ~ ~ BOARD OF CONIMISSIOI3PsRS OF THE LAnD OFFICE STATUTES, kUI,ES At~D RLGULATIOiu Governing the licensing and regulating the taking of sand, gravel or other material found in deposit in or upon lands of the State under water pursuant to the provisions of subdivision 5, Section 3, of the p;zblic Lands Law. ~. Adopted De-,cem~ie'r ~ 1 .~_4 PUBLIC LAi:DS LA;! Article 2 - Board of Commissioners of tkze Land Office, Sec. 3. r0~°~ERS AD:D DU'PIE;S; Lk;.`~ES 5. 'Phe Board may license and regulate the taking of sand, gravel or other materials found in deposit in or upon lends of the state under water, but not including such lands in or bordering upon Erie County, and not including such lands under the waters of Lake Erie bordering upon Chautauc;ua county, and may prescribe the terms and conditions under which the same may be taken, including the amount of license fees. This provision, however, shall not apply to such lands in, on, or bordering upon Long Island, except that when in the opinion of the United States bovernment, as evidenced by the recommendation of the corps of engineers of the United States army and ruthorized by the; secretary of the army, removal of such sand, gravel or other materials becomes necessary £or the improvement of navigation, the, bond may licc;nsc and regulate the removal of such materials ui.on such t.:rms and conditions as it may deem advisable, including the amount of the 11CenSb fees therefor, License: fees shall not be discrimin€tory, but tY.is provision shall not rer,uire the: fixing of a uniform license few throughout the state. After the adoption of regulations by the; Board, it shall Le unlawful to take or remove from lands of t hc; state under water any sand, gravel or other zazterisl, without license. The Board mr~y, in its discretion rand upon such terms rnd conditions, including considt;ra- tion, rs to it shall seem just end proper, ~uthorizc the taking of soil from state land under water where such soil is to be tr:ken by n upl~ nd owner bordering on str tC: 1<^:nd under w~ ter for the impro•rc- ment or th.; prot..cton e~'his uplrnd from, the action of the water, or i'or the restor.tion, in whop, or in part, of his upl,nd where there has been sudden washing Tway end loss of soil t}.t,reof by violent storm <nd conseruc:nt avulsion, but ~~nc~re the tit le to his land hcs not b~~n lost, the boundr:ry line remaining the same; the preceding provisions of this subdivision, rest~ecting t'ri~ business of taking sand, gravel or other m~tc.rial from state lend under water, rr~ not ^ffected by thE, provisions hereof re.spccting the Viking of soil by the upland o~~~mer. PFiOCEDUi2E 1. Iuo printed form of application is provided. All applic^- tions should be in the form of a letter or petition rddress.:d. to the Board of Commissioners of the Land Office, Department of St^.tc, 164 State Street, Albrny 1, Nb'rJ York. ~ f 1 F i. -2- 2. Each and every a pplication must set forth with exacti- tude the full and complete name and address of the applicant, together with the full name of the vessel for which the license is sought and a statement of tyre port of registry or home port of such vessel, and state therein the full a.nd complete .name and address of the owner or owners of such vessel. 3. teach application shall be accompanied by a certified check, payable to the Department of State, State of New York, for the sum of Fifty 050.00) Dollars to defray the cost and expenses of the investigation incident to much application. This payment shall be considered a fee, no part of which is to be refunded. REGULATIONS 1. No license will be issued except as authorized by a resolution duly adopted by the Board of Commissioners of the Land Office. Each and every license shall expire at the end of the calendar year in which issued. 2. Each and every license issued shall contain, as a con- sideration for its issuance, a clause releasing and saving the People of the State of New York from any acid all damages, claims. for damages or suits that raay arise or occur directly or indi- rectly as a result of any operation carried on under and pursuant to said license. In this connection the Licensee; shall not only release the State fron any and all possible claims, damages end/or rights of action which r<iight, otherwise, conceivably accrue to the Licensee; or any of its c,raploy~es, agents or subcontractors, but shall also assw_re full responsibility and liability for all dar~agts and clair~rs for daraag~ which may Lc: asserted or demanded, and shall, at his own expense, dcfe;nd any a:nd all suits which may be, brought by tkrird pa.rti~s as a. result of any operation carried on pursuant to or in accordance with the> terms of said license,. and assume full liability and responsibility with respect thereto to the complete exclusion of the People of the State of Tdew York. 3. Eacrr and every license shill bc, accepted in writing by the Licensee before; it sh.^11 bECOme effective. 4. No license m<^y be assigned or transferred without the written permission of the Board indorsed thereon. 5. The Superintendent of Public .orks of the State> of Nc:w York is designated as the agent of thi; Board of Cor:rmissicners of the Land Office. Each and every Licensee shall at all re7asoneble hours permit the: Borxd or its agents to have Pull, free and untramrne,led access to aal vessels, yards, buildings, structures and erections of every name, nature, character and description used in connection with the operations carried on under said license,, rnd shell accord full, free and untrammeled inspection and examination of X11 records and books of account kept in connection with sr id operations. 6. In event that the Licenser. shall desire: to carry on any opt ration under and pursuant to the terms of such licc:ns~ at a point or points nearer than one-half mile; from t he shore or from any public ,r privates w-star supply intake,, he: sha..ll notify the Board of such desire in writing prior to the commencement of such operation, and shall not initiate a.ny such operation until advised by the Board or its duly authorized representative that such operation may bo undertaken. ~. Any remonstr<nce against any operations by the Licensee shall be referrc;d by the :ecr~tary .f the Board to the Super- intandent of Public Works. If, in the judgment of the 1 K ~ ~ ~ -3- Superintendent of Public 'ulurks, up~retions sh:;uld.ee2se in such particular lucrlity, or should n~.t bu undertaken, the said Superintendent of lublic ,.orks shr11 n.;tify the Licensee to that effect. If the <^.gtnt of tl-i~ Board shall ~;rder any licensee to suspend opur,tions in any p~rticul<^r locality, such agent shall immediately file <. report with the Burrd strting his re<^.sons for such order c;f suspension. If the Zicensee objects to such order he mry submit his complrint r•.g~inst such suspension to the Lorrd ~t its next iaeeting, but pending ~ hearing upon such complaint the Licensee must suspend ,~pcr~ ti~,ns €a directed. $. In x.11 instrnces the Licensee ahsll immediately suspend operuti~ns when directed se te; dc~ by the Board cr its agent . 9. In all casea involving the taking cf sand, gra~~al or other material from lands underlying waters under the control of the United States Government a duplicrau of the: permit for proposed drudging es issued by the Secretary .f the Army shall be immediately filed with the }3,;~rd when issued by said department. 10. The Licensee s1:2.11 pay to the St<^te for then privilege granted - for each end evc;ry cubic yrrd :;f raaturi~^1 trken under the; license. On c;r be- f:.re the 5th d~ y :,f c~: ch rn;i ovary m;;nth the Licensee stall make payment to the State fc,r the exercise of the privilu~,e granted, at th.: r,^tu her~inbuforc prescribed, fx the peri,:d ending on the last d,ry _f tho prueuding month, payment to bu wa~c: by certified check pryable t. the; Department c:f State, State :.f A;ew Y.;rk, 2nd m~ ilud tc the Department .~f Sty te, State ~of New York, 164 State Street, Albany 1, Near Yc,rk. 11. The autlw rity c~~nfurred by <^ license may bi, immediately terminated by the Bc<rd ~^t any time fps a friluru cn the part of tha Licensee t~ c:,rnply LJlth any .;f ti':u tc;rms .;r previsions of said license. In the: event of such termination the license shell 1_~e deemed tc hrve terminated ur. rnd 2fter the drte whon the Secretary :,f the Board shall mail tc the Licensee; at the address given in his applic: ti.:n 2 certified copy c,f a resolutic;n of the Board directing such terminza ion. 12. Every persc,n, cnr~~pany or corp. rrti;,n engaged in t: king m~teri2.ls of any n~tur~ f:,und in deposit in -;r upon lands of the St2.te under water f:~r other purposes shall file with the fioard .= copy of the permit issued by the Sc:cretr ry ~f the Army. In applic~ tions fur ~^ license f.;~r the rer..ov~ 1 of srnd, gravel ~r other material fruea 12nds in, on ~~r b:;rdering upon Lung Island, applic2nt shall file with the Board the permit issued by the turps of Engirxs.urs of the United States AArmy and auth:,rize:d by the 3ecr:,t~: ry .; f the Army.