New York State began development of its coastal management program in 1975 when the Legislature designated the Department of State as the lead agency for the management of the state's coastal resources. In 1981 (Chapter 840, which became Article 42 of the Executive Law) the State Legislature enacted the Waterfront Revitalization and Coastal Resources Act and assigned the Department of State the responsibility of developing and implementing a comprehensive policy and planning process that would encourage development in the state's coastal areas while at the same time protecting these valuable natural resources. After over one thousand public meetings, public hearings, and legislative hearings, the program was submitted to the U.S. Department of Commerce for approval. The program was approved later that year thus allowing New York State to become eligible for federal monies intended to develop and protect the state's 3,200 miles of coastline. More importantly, approval also meant that any federal actions had to be consistent with the state's coastal management program. In 1985, the New York Secretary of State established the Division of Coastal Resources and Waterfront Revitalization to administer the program.
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The Division of Coastal Resources, formerly, the Division of Coastal Management and Waterfront Revitalization, is responsible for administering the state's coastal management program. The main tenet of the program is to ensure that a careful, coordinated, and consistent approach is followed for the development and protection of the state's coastal resources. To accomplish this, the program sets forth fourty-four well defined policies that all federal, state, and local agencies must follow.
Generally, the policies fall under three categories: promotion of beneficial use of coastal resources; prevention of their impairment; and management of major activities substantially affecting numerous resources. More specifically, the program seeks to promote waterfront revitalization; promote water dependent uses; protect fish and wildlife habitats; protect and enhance significant scenic and historic areas; protect farmlands; protect and enhance small harbors; promote and protect public access to the state's coastal resources; provide accurate and useful data and information on coastal resources and activities to decision makers; and address the issue of coastal erosion and flood hazards.
The Waterfront Revitalization and Coastal Resources Act (Article 42 of the Executive Law) requires the Department of State (under which the Division of Coastal Resources falls) to evaluate, designate, and map significant coastal fish and wildlife habitats. The department accomplishes this with the assistance from the Department of Environmental Conservation, which evaluates the significance of the habitat and then forwards this information to the Department of State. If warranted, the Department of State designates the area a significant coastal fish and wildlife area which means that all proposed actions subject to consistency reviews must address the protection of these significant resources of fish and wildlife in order to ensure that they will be protected, preserved, and where practical, restored so as to maintain their viability as habitats.
L. 1981, Ch. 840.
