Leasing and Ownership within Ocean and Coastal Waters
A Conservation Practitioner's Toolkit

New York Summary

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.

Conservation Leasing and Ownership

As of June 2007, The Nature Conservancy had not undertaken comprehensive statewide law, policy, or spatial data assessments regarding options for private conservation of submerged lands and related resources in New York. As such, we do not have a complete picture of what is legally possible, nor do we have a complete understanding of the ownership and leasing patterns across the coastal landscape and seascape. We do know that it is possible for conservation organizations to acquire fee-title to submerged lands in New York as the Conservancy acquired over 13,000 acres of subtidal property in Great South Bay (see Resources Box). At this time, however, organizations wishing to pursue leasing or ownership of lands or resources lying below the high tide line should undertake site-specific assessments or work with state agency staff to evaluate opportunities statewide.

Whether organizations pursue leasing or ownership opportunities, several local, state, and federal authorizations may be required to undertake conservation activities on submerged lands in North New York. 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 a possibility.

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. Conservation 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

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.

 

Step 1: Getting Started
1.1 Lease and Own 101
1.2 Myths
1.3 Important Terms
Step 2: Decision Checklist
2.1 Conservation Priorities
2.2 Threats and Strategies
2.3 Organization Capacity
2.4 Ownership and Use
2.5 Laws and Policies
2.6 Owners and Agencies
2.7 Partners and Funders
Step 3: Acquisition Checklist
3.1 Project Initiation
3.2 Title Report
3.3 Owner Contact
3.4 Proposal Completion
3.5 Terms and Conditions
3.6 Funding
3.7 Documentation
3.8 Due Diligence
3.9 Regulatory Permits
3.10 Final Actions
3.11 Site Plan
Step 4: Implementation
4.1 Science
4.2 Habitat
4.3 Maintenance
4.4 Public Use
4.5 Enforcement
4.6 Outreach
Country Summaries
Belize
Chile
Colombia
Costa Rica
Ecuador
Indonesia
Mexico
Peru
United States
Other Countries
U.S. State Summaries
Alabama
Alaska
California
Connecticut
Delaware
Florida
Georgia
Hawaii
Louisiana
Maine
Maryland
Massachusetts
Mississippi
New Hampshire
New Jersey
New York
North Carolina
Oregon
Pennsylvania
Rhode Island
South Carolina
Texas
Virginia
Washington
Other States
Case Studies
Agreement: Ecuador
Agreement: Fiji
Agreement: Philippines
Agreement: Phoenix Islands
Concession: Chile
Lease: California
Lease: Connecticut
Lease: Indonesia 1
Lease: Indonesia 2
Lease: Tanzania
Lease: Washington
Lease/Own: California
Lease/Own: UK
License: Rhode Island
Own: Massachusetts
Own: New York
Own: North Carolina
Own: Texas
Own: Virginia
Own: Washington
Program: Arizona
Program: Washington
Permit: California
Permit: Mexico
Resources
Assessments
Contact Information
Funding Sources
Maps and Data
Publications & Presentations
Related Tools
Sample Documents
Workshop

 

Leasing and Ownership within Ocean and Coastal Waters     Copyright © 2007 The Nature Conservancy