N.Y. Comp. Codes R. & Regs. tit. 9 § 448.3

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

Section 448.3 - Special anchorage areas

(a) Special anchorage area designation.

(1) Pursuant to the provisions of section 43 of the Navigation Law, the commissioner may, by rule, regulation or order, designate such areas as he or she may deem proper as special anchorage areas.

(2) An adjacent upland owner only may make application to the commissioner for a revocable permit to maintain a special anchorage area, without expense to the State, within the limits of his property. The commissioner may approve of the establishment of special anchorage areas if, in his opinion, such area will not be a hazard to navigation.

(3) When authorization in the form of a revocable permit has been duly granted, the special anchorage area shall be deemed lawfully established. If, in the judgment of the commissioner, special anchorage areas authorized by him are found to be improperly maintained, or have become a hazard to navigation, or the reason for their establishment no longer exists, or that the permittee has failed to comply with the conditions of the permit or rules and regulations contained herein, the commissioner may revoke such permit by causing a written notice to be mailed to the person to whom it was issued, directing the removal of all floating objects contained within such permit area by a specified date. The person to whom such notice is directed shall thereupon remove the floating objects in accordance with such instructions. In case of failure by the person so directed to remove the floating objects within the specified time, the commissioner may cause their removal. The cost and expense of such removal shall be a charge against the person authorized to maintain the area, and the commissioner may bring any action or proceeding against such person to recover the cost of removal of such floating objects.

(4) All such areas when so designated shall be marked in accordance with the specifications contained in this Part.

(b) Area marking specifications. The offshore limits of an area shall be marked with lighted buoys and shall mark the exact location indicated in the permit. The shore limits of the area may also be marked with lighted markers placed on stanchions which are higher than the offshore markers. In each case, buoys marking such areas shall meet the following specifications:

(1) Color. White.

(2) Numbering. None--each buoy shall be lettered "SPECIAL ANCHORAGE AREA", in block form of good proportion and colored black. The lettering shall be on two sides of the buoy.

(3) Lighting. White flashing lights shall be installed and must conform to specifications made by the commissioner depending upon location and other factors.

(4) Shape. Can.

(5) Construction. Types of construction shall be approved on an individual basis, considering the location and other factors. However, all buoys must be so designed that the light will be at least three feet above the waterline.

(c) Moorings in anchorage area. Moorings may be placed within the limits of a special anchorage area in such a manner so as to allow each moored vessel to swing free with wind or current, and with enough clearance to avoid contact with any other moored vessel. At no time may a vessel or part thereof extend outside the limits of the anchorage area. Vessels of less than 65 feet in length when anchored in a special anchorage area are not required to display anchor lights at night.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 448.3