N.Y. Comp. Codes R. & Regs. tit. 9 § 448.4

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

Section 448.4 - Floating objects

The commissioner has discretion to authorize, through the issuance of a revocable permit, the placing in the navigable waters of the State, mooring buoys, bathing beach markers, swimming floats, speed zone markers, or any other floating object having no navigational significance, if, in his or her opinion, the placing of such floating object will not be a hazard to navigation. The commissioner has discretion to require that the floating objects be placed according to any one of the methods the commissioner chooses that are outlined in section 274.5 of this Title. Any person who may desire to place such floating objects at his or her own cost and expense can make application, therefore, to the commissioner and submit a map suitable for reproduction showing the proposed location of such floating objects with their color and meaning. Only after authorization has been granted and in accordance therewith may such floating objects be lawfully placed. If, in the judgment of the commissioner, floating objects authorized to be placed are found to be improperly placed or that the reason for their placement no longer exists or that such objects have become a hazard to navigation, the permit may be revoked and the person may be directed to remove the floating objects within a specified time. 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 place the floating objects and the commissioner may bring any action or proceeding against such person to recover the cost of removal of such floating objects. Each floating object lawfully placed shall bear in a conspicuous place and in legible condition the State parks and recreation floating object decal issued by the commissioner. All floating objects shall conform to the specifications contained herein.

(a) All floating objects having no navigational, informational or regulatory purposes such as swimming and diving floats, ski jumps, etc., shall be painted white and equipped with white reflector tape in such a manner that it can be seen from any direction. If such objects are authorized for placement in excess of 100 feet from shore, the commissioner may require they be equipped with a fixed white light to show all around the horizon for a distance of at least one-half mile.

(b) Mooring buoys. All mooring buoys shall meet the following minimum specifications:

(1) Size. At least one cubic foot of buoy to be above the waterline.

(2) Shape. Any.

(3) Construction. Any light self buoyant material.

(4) Lighting. None required. However, every buoy must be equipped with a one-inch strip of reflector tape all around the upper part.

(5) Color. All white with a one-inch blue stripe all around the buoy horizontally, above the waterline.

(c) Floating object placement by adjacent upland owners. Adjacent upland owners may place one mooring buoy and one swimming float of not more than 100 square feet of surface area in the waters adjacent to and within the boundaries of their shoreline, provided, however, that no floating object and no vessel or part thereof which is secured to a mooring buoy shall at any time extend more than 100 feet from shore and further provided that no floating object may be placed in a navigable channel or in any location in which it will interfere with free and safe navigation or free access to another person's property. The commissioner shall have the right to remove or alter the location of any such buoy or float in the interest of navigation.

(d) A bathing beach marker shall only be placed in a bathing beach area.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 448.4