MapLink™ | Procedures | Docking and Mooring Permits

Hello! Content on this website is provided as a convenience and is for informational use only. Be sure to review the Terms of Use for all of the details related to your use of this website.
Docking and Mooring Permits
Permit requirements; application procedures.
A. In accordance with the provisions of § 274-a of the Town Law and § 7-725-a(1) of the Village Law, the towns and villages shall have the total responsibility for conducting all reviews required by this article.
B. The villages and towns may require the owner to provide appropriate documentation for the application, including surveys when necessary to determine water rights lines.
C. Site plan approval shall be required for "other land use categories" by the local Planning Board, and building permits are required in accordance with the provisions of this section. Only the lakeshore owner or his authorized agents may submit applications.
D. Building permits are required for the placement or construction of permanent docks and berthing facilities within the residential land use category. A lakeshore owner shall apply to the Code Enforcement Officer for review of the proposed berthing and mooring facilities in compliance with the provisions of this article and must obtain his written approval prior to the start of construction.
E. The application form for all land use categories shall include certification that all owners, lessees, occupants, easement holders, and any other persons or entities with a legal or beneficial interest in any existing or proposed mooring and berthing facility related to this property have been notified of this application. The limitations of this article are applicable to all parties who have a property interest in the parcel. The applicant is advised that failure to notify any party possessing a property interest in the parcel may affect any relief granted as a result of this application and process.
F. Site plan approval by the local Planning Board and a building permit are required for the placement of all berthing and mooring facilities within the "other land uses" category. A development approved under the “other land uses” category that involves the seasonal placement of docks, or other mooring and berthing facilities, does not need to be approved each season, provided that compliance with the original approval, and any conditions placed thereon are continued.
(1) An application for site plan approval shall be submitted to the Code Enforcement Officer for review by the Planning Board and shall contain:
(a) For special situations, towns and villages may require a site plan prepared by a New York State registered architect, landscape architect, engineer, or surveyor in accordance with the New York State Education Law.
(b) A site plan shall be drawn to scale and shall contain a description of the existing and proposed berthing and mooring facilities, showing at a minimum: name, address, parcel boundaries, Tax Map number of the lakeshore parcel; the lake shoreline footage; the water rights lines; the mean high water tie line; the depth of the lakeshore bottom; and the proposed setbacks.
(2) The site plan approval requirements of this local. law may be integrated with the Site Plan Approval and submission requirements contained in the Zoning Law of the Town and any permit applications required therein.
(3) Mooring buoys over 100 feet from the waterside of the mean high water mark require a New York State anchorage permit.
Supplemental review criteria for site plan approval.
A. The respective town and village Planning Boards shall use the following standards to determine the appropriateness of any and all proposed construction of mooring and berthing facilities for shoreline protection:
(1) The construction of such facilities shall be undertaken in such a way so as not to impair the water quality, cause harm to fish or fish spawning grounds, cause problems of erosion or sedimentation, create hazards for navigation, or otherwise threaten the public health or safety.
(2) Such facilities shall be constructed only of materials which are stable and which will have no adverse effects on water quality.
(3) The amount of any grading, filling, earth moving, and disturbance of land above the mean high water mark during the construction of such facilities shall be minimized.
(4) When deemed appropriate, mooring and berthing facilities within the other land uses category shall provide adequate and approved pumping facilities for waste disposal therefrom.
Nonconforming mooring and berthing facilities, structures, and uses.
A. For the purpose of this article, any lawful water-dependent permanent structure existing at the-time of the effective date of this article, or having already received preliminary or final site plan approval by a municipality, which shall be made nonconforming by the passage of this article, may be continued, except as otherwise provided by Article 6, § 75, of the Public Lands Law.
B. Upon the effective date of this article, no existing nonconforming building, structure or use shall be enlarged, extended, reconstructed, substituted, or structurally altered, except as set forth below:
(1) Any nonconforming building or structure damaged by natural disaster, fire or vandalism may be restored, reconstructed or used as before, provided that the dimensions of such use, building or structure shall not exceed the dimensions which existed prior to such damage, and that it be completed within 18 months of such happening.
(2) A nonconforming mooring and berthing facility or other structure may be made to be in conformance. The replacement of temporary mooring and berthing facilities with permanent mooring and berthing facilities shall comply with the regulations of this article.
(3) When nonconformity is changed in accordance with the provisions hereof, the use of the building or structure shall not thereafter be changed again, except in accordance with the regulations of this article.
(4) Normal maintenance and repairs and incidental alteration of a building or structure containing a nonconformity are permitted, provided that such does not extend the area or volume of space occupied by the nonconformity. Piers or wharfs may require limited expansion for repair or reconstruction based upon NYSDEC standards.
(5) Each town or village may require any lakeside structure which is determined to be unsound or unsafe, from a public safety standpoint, to be removed.
(6) Manufactured home parks (containing homes on leased land), restaurants, marinas, yacht clubs and all other lakeshore use categories included in § 160-123A(2) existing at the time of the adoption of this article can maintain no more than the currently permitted number of seasonal and permanent docks and slips pursuant to their New York State license in effect at the time of the adoption of this article or the number specified in § 160-123A(2), whichever is the greater number.
(7) Dock placement for easement situations existing prior to adoption of this article, shall be allowed to continue in order to place seasonal docks in a manner consistent with the terms and history of the shoreline easement.
C. After the effective date of this article, the burden of proof of conformance/nonconformance is the responsibility of the lakeshore property owner.
Appeals; variances.
A. Lakeshore owners aggrieved by the decision of the Code Enforcement Officer may appeal the decision to the Zoning Board of Appeals, pursuant to § 267-a of the Town Law or § 7-712-a of the Village Law or other applicable requirements specified by New York State statute or case law. The Zoning Board of Appeals may grant a variance to the provisions of this article. Dimensional criteria for the placement of berthing and mooring facilities may be varied in accordance with the applicable requirements of state statutes.
B. Any variance that is granted or denied by the Zoning Board of Appeals shall set forth in its decision the findings of fact made in its granting or denying the requested variance, or in the Zoning Board of Appeals decision rendering its interpretation or determination of an appeal from an underlying administrative official's order, requirement, decision, interpretation or determination relative to the enforcement of this local legislation.
A. Amendment procedures for this article are contained in § 46-a, Subdivision (6)b of the New York State Navigation Law. Amendments can only be made by unanimous adoption of a local law by the municipalities, after proper public hearing and environmental review. Such amendments shall become effective only upon submission to and approved in writing by the Commissioner of the New York State Office of Parks, Recreation and Historic Preservation and upon their subsequent filing with the New York State Secretary of State.
B. Amendments must be initiated by a resolution made by five of the eight lakeshore municipalities, thus creating the necessity that all eight lakeshore municipalities must address the issues set forth in the resolution(s). Adoption of any amendments must be effected by all respective lakeshore municipalities unanimously agreeing thereto by resolution.
Each Town/Village Board may, by resolution, establish appropriate fees for the review and processing of the permits under this article.

Penalties for offenses.
Violations of this article shall be remedied according to the violation and penalty section of the Village/Town Zoning Code and consistent with § 268 of the Town Law and § 20-2006 of the Village Law. In addition, state laws may apply, including the New York State Navigation Law.

When effective.
This article shall take effect in the Town of Jerusalem only after it has been adopted by the Town of Jerusalem and thereafter by all of the other respective lakeshore municipalities as provided by law, and its having been thereafter submitted to and approved in writing by the Commissioner of the New York State Office of Parks, Recreation and Historic Preservation, and then 10 days after its filing in the office of the New York State Secretary of State.

See Article XXI: Docking and Mooring for more information.
See Forms and Applications for more information on permits.