Federal and Local Regulations |
Although there are some federal, state, and local laws and regulations in place that directly or indirectly protect eelgrass, unfortunately the public is often unaware that these regulations exist, so therefore they do not oblige by them. Most of the regulations that exist only indirectly help make conditions better for seagrasses, including improvements in water quality and decreases in shoreline hardening. The following tables list state and local regulations that impact seagrasses in New York State waters as well as the Towns of Southold, Shelter Island, Southampton, East Hampton, and Riverhead. If your town is not listed or if you want to learn more about your town or state regulations, most municipalities have their town code available for viewing on the web. Be aware of what your town is doing to help protect the environment! |
Table I. State Management Impacting Eelgrass | ||||
Responsible Entity | Chapter in Code | Section/Article | Direct/ Indirect Impact |
Details |
NYS DEC | 6NYC RR Part 661-Tidal Wetlands Land Use Regulations(Statutory authority: Environmental Conservation Law, §§ 1-0101, 3-0301, 25-0302) | 661.4 (hh)-Tidal Wetlands classifications | I |
Littoral zone included in tidal wetland definition (up to 6ft depth @mlw) |
661.4(ee)- Regulated Activity | I |
Any form of dredging or dumping of aggregates; The erection of any structures whether or not changing the ebb and flow of the tide; Any other activity which may substantially impair or alter the natural condition of the tidal wetland area | ||
661.5 Uses | n/a |
***No permit necessary for depositing or removing the natural products of a tidal wetland (or adjacent area) in the process of recreational or commercial fishing, shellfishing, aquaculture, hunting or trapping, including the erection and maintenance of temporary hides or blinds. | ||
6 NYCRR Part 46-Public Use of State-Owned Tidal Wetlands | 46.7 Prohibited Activities | D |
Removal of naturally occurring or introduced flora, whether living or dead, except for specifically permitted research or educational activities | |
I |
Disposal of any solid, liquid or toxic waste material. | |||
6 NYCRR Part 49- Shellfish Management-Gear restrictions | Soft clams | n/a |
No mechanical means except churning by propeller allowed below low tide | |
Protection of Waters |
Article 15 of the ECL. Part 608 | I |
Requires a permit before construction, reconstruction or expansion of a dock, wharf, groin, mooring or any other structure, in or above waters in state-owned underwater lands. |
Table II. Local Management Impacting Eelgrass | ||||
Responsible Entity |
Chapter in Code |
Section/Article |
Direct/ |
Details |
Town of Southold |
219 -Shellfish and other Marine Resources |
219-20: Vegetation removal prohibited |
D/I |
|
219-16: Culling shellfish and restoration of underwater lands |
I |
|
||
275 (formally 97) -Wetlands and Shoreline |
275-2: Definitions |
I |
|
|
275-11: Construction and Operation standards |
D |
|
||
I |
|
|||
Mooring and Anchoring Draft Chapter 34 (new chapter) Dec 11,2006 |
34-15: Moorings in Designated Mooring Areas created by the Town 34-14 (A,C): Mooring Assignments: General rules for Town waters |
D |
|
Town of Southampton |
Shellfish Permits and Regulation Article II |
Section 8E. Soft Clams |
D |
|
278 - Shellfish |
278-8 ,9: Escallops and Hard Clams |
I |
|
|
330 - Zoning
|
330-40: Tidal Wetland Regulations |
I |
|
|
111-Beaches, Parks and Waterways |
111-28: Removal of Beach Grass |
? |
|
|
325-Wetlands |
325-3: Definitions |
I |
|
|
Town of Riverhead
|
47-Bays and Creeks |
47-21: Docks, basins and ramps |
D |
|
I |
|
|||
Article II- Shellfish |
I |
|
||
107-Tidal and Freshwater Wetlands |
107-3,4 –Definitions and Regulations |
I |
|
|
Town of Shelter Island |
129-Wetlands |
General guidelines to activities within regulated area. |
I |
|
I |
|
|||
129-8: Definitions |
I |
|
||
108-Shellfish |
108-5: Regulations |
I |
|
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