Marine Conservation Agreements
A Practitioner's Toolkit
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New York Analysis

Status: Initial

The Ocean and Coast

New York has 1,850 miles of tidally influenced shores and 125 miles of open ocean frontage.1 The saltwater coast includes the New York portion of the Hudson-Raritan Estuary, the southern coast of Long Island Sound, and the bays and barrier beaches of Long Islands’ southern shore.

Marine Conservation Agreements

A comprehensive analysis regarding the ability to implement Marine Conservation Agreements (MCAs) in New York has not been completed, but it is clear that organizations can acquire and have acquired fee-simple title to submerged lands for conservation purposes. For example, The Nature Conservancy acquired over 13,000 acres of subtidal property in Great South Bay. The potential to lease submerged lands in New York for conservation purposes is less clear.

Organizations wishing to pursue MCAs in New York should undertake site-specific assessments or work with state agency staff to evaluate opportunities statewide. If organizations pursue MCAs in New York, several local, state, and federal authorizations may be required. The information that follows provides context for and information regarding possible authorization needs.

Submerged Lands — Lands Under Water

The State of New York refers to submerged lands as lands under water. The state owns much of the submerged lands, from mean high water to three nautical miles seaward into the Atlantic Ocean, Long Island Sound, and other navigable bays, although some portions of these are under county, town, or private ownership.

The Office of General Services, Real Estate Development Program grants leases, easements, and permits for New York’s state-owned under water lands. These leases are generally for structures (docks, cables, etc.), but conservation leasing appears possible.

New York State Office of General Services
Real Estate Development - Land Management
Corning Tower, 26th floor
Empire State Plaza
Albany, New York 12242-0001
Phone 518-474-2195
Fax: 518-474-0011
Email: LandUnderWater@ogs.state.ny.us

Coastal Zone and Beaches

The Division of Coastal Resources within the Department of State coordinates implementation of the federal Coastal Zone Management Act, as well as several other initiatives that encourage revitalization of waterfronts and conservation of coastal resources. This division coordinates between state and federal offices, non-profits, private entities, and community groups to promote economic and ecological health of the New York State coastal areas.

New York State Department of State
Division of Coastal Resources
41 State Street
Albany, NY 12231-0001
Tel: 518-474-6000
Fax: 518-473-2464
Email: web form

Shoreline Development

The Department of Environmental Conservation (DEC), Division of Environmental Permits, controls all state permits in New York State, including those for projects in navigable waterways, tidal wetlands, and submerged lands. The permitting process includes an in-depth environmental impact assessment and a venue for public discussion and comment on possible permits.

New York State Department of Environmental Conservation
Division of Environmental Permits
625 Broadway, Albany, NY 12233-1750
Tel: 518-402-9167
Email: depprmt@gw.dec.state.ny.us

Fish, Wildlife, and Aquaculture

The Department of Environmental Conservation, Division of Fish, Wildlife, and Marine Resources, Bureau of Marine Resources, is the primary manager of marine species and aquaculture in New York. The DEC issues assignments for shellfish aquaculture, although they are highly competitive and met with some resistance from different sections of the fishing community. DEC also issues permits for aquaculture on private, county and town owned submerged lands, and manages all commercial and recreational fishing.

New York State Department of Environmental Conservation
Bureau of Marine Resources
205 North Belle Mead Road, Suite 1
East Setauket, New York 11733
Tel: 631-444-0430
Email: fwmarine@gw.dec.state.ny.us

Water Quality

The Department of Environmental Conservation, Division of Water, is responsible for all coastal and inland water quality concerns, in conjunction with the Division of Coastal Resources. MCA projects that may directly or indirectly affect water quality should contact the Division of Water.

New York State Department of Environmental Conservation
Division of Water
625 Broadway
Albany, NY 12233-3508
Tel: 518-402-8233
Fax: 518-402-9029
Email: dowinfo@gw.dec.state.ny.us

 

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1 Bernd-Cohen, T. and M. Gordon. 1999. State Coastal Program Effectiveness in Protecting Natural Beaches, Dunes, Bluffs, and Rock Shores. Coastal Management 27:187-217.  Cited in Surfrider Foundation. 2007. State of the Beach: New York. (Accessed June 13, 2007.) The figure of 2,625 miles of coastline, given on the NOAA Coastal Program page for New York, includes freshwater lakeshores.

 

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