N.Y. Comp. Codes R. & Regs. tit. 9 § 448.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 448.1 - Definitions

(a) Aids to navigation shall mean buoys, beacons or other fixed objects in the water which are used to mark obstructions to navigation or to direct navigation through safe channels.

(b) Floating object shall mean any anchored marker or platform floating on the surface of the water, other than aids to navigation, and shall include, but not be limited to, bathing beach markers, speed zone markers, information markers, swimming or diving floats, mooring buoys, and ski jumps.

(c) Adjacent upland owner shall mean the person or persons having title in fee to the land bordering on the water in which the floating object is to be placed.

(d) Special marker shall mean buoys, signs, floating or fixed objects in the water or on shore, other than aids to navigation, which are used to convey information, warning, or to indicate areas of control or regulation.

(e) Commissioner shall mean the Commissioner of Parks, Recreation and Historic Preservation.

(f) Diver shall mean anyone who dives below the water for exploratory purposes with or without the use of scuba equipment.

(g) Diver's flag shall mean a red flag at least 12 inches long by 12 inches wide with a white diagonal stripe exactly three inches wide, or shall mean a rigid replica of the international code flag "A" not less than one meter in height that is visible all around.

(h) Bathing beach area shall mean the water area used in connection with a bathing beach at a pond, lake, stream or other navigable water of the State which is used for bathing or swimming with the express or implied permission or consent of the owner or lessee of the premises and which is operated for a fee or any other consideration or openly advertised to the public as a place for bathing or swimming. It includes but is not limited to the water area adjacent to a bathing beach that is owned or operated by a:

(1) condominium or a cooperative and used exclusively by members of the condominium, cooperative project or corporation or association and their family and friends;

(2) temporary residence (hotel, motel, cabin or camping colony);

(3) children's camp; or

(4) State or local government entity.

It does not include the water area adjacent to a bathing beach that is owned or maintained by an individual for the use of family or friends.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 448.1