New York State Navigation Law

This chapter shall be known as the navigation law, and shall apply to navigation and the use of navigable waters of the state and regulations hereby created.

ｧ 2. Definitions.

The following terms when used in this chapter unless otherwise expressly stated, or unless the context of the language or subject matter indicates a different meaning or application was intended, shall be deemed to mean and include:

Article 2 - ADMINISTRATION

ｧ 10. Duties of the commissioner of parks, recreation and historic reservation and the commissioner of environmental conservation.

The commissioner of parks, recreation and historic preservation shall administer the provisions of this chapter, except as such administration may be otherwise provided. He or she may delegate such administration to another officer or employee of the office of parks, recreation and historic preservation. Within the sixth park region, the boundaries of which are described in subdivision six of section 7.01 of the parks, recreation and historic preservation law, the commissioner of environmental conservation shall administer the provisions of articles three and eleven of this chapter. He or she may delegate such administration to another officer or employee of the department of environmental conservation.

ｧ 12. Inspector; qualifications.

The commissioner may appoint an inspector or inspectors, who shall have a practical knowledge of the construction, equipment and management of vessels and who shall possess such experience and qualifications as required to carry out and fulfill the duties of inspector indicated in this chapter and specifically defined in section thirteen hereof and as may be determined by the New York state civil service department.

ｧ 13. Inspector; duties.

The inspector shall annually, and at such other times as he shall deem it expedient, or as the commissioner may direct, inspect every public vessel, except vessels which navigate on waters over which the United States exercises active control. The inspector shall carefully examine the hull, the propelling and auxiliary machinery, the electrical apparatus and the vessel's equipment. He shall require such changes, repairs and improvements to be made as he may deem expedient for the contemplated route. No vessel, or propelling machinery thereof shall be allowed to be used if constructed in whole, or in part, of defective material, or which because of its form, design, workmanship, age, use or for any other reason is unsafe. He shall also fix the number of passengers that may be transported. The inspector shall require that the boilers, on all public vessels which are propelled by steam engines, be inspected and approved for safety of operations by inspectors of the New York State Department of Labor, Bureau of Boilers. Every boiler and appurtenances thereof shall be constructed, maintained and operated in accordance with the Department of Labor rules and regulations pertaining to boilers. The inspector shall also, whenever he deems it expedient, visit any vessel licensed under this chapter and examine into her condition for the purpose of ascertaining whether or not any party thereon, having a certificate, or license, from the inspector, has conformed to and obeyed the conditions of such certificate, and the provisions of this chapter. The owner, master, pilot, engineer or joint pilot and engineer of such vessel, shall answer all reasonable questions and give all the information in his or their power in regard to said vessel, or its machinery or equipment and the manner of managing the same. The inspector provided for in this chapter is authorized to make further rules and regulations applying generally to all vessels, or especially to one or more of them. In framing rules for the government of managers and employees on vessels, the inspector shall, as far as practicable, be governed by the general rules and regulations prescribed by the United States coast guard. The inspector shall have the power to issue a uniform navigation summons and/or complaint for violations of the provisions of article four of this chapter which are applicable to vessels.

ｧ 14. Inspector; licenses.

The inspector is authorized and empowered to grant licenses as provided in article four of this chapter.

ｧ 15. Inspector; fees.

The inspector is authorized to collect fees as provided in article four of this chapter.

ｧ 16. Inspector; reports.

The inspector shall on or about the first day of January in each year, make a verified report to the commissioner containing a detailed statement of the name and registry number of each vessel examined and licensed, the name and registry number of each vessel to which license was refused and stating the reasons for refusal, the name of each person examined and licensed, the name of each person to whom license was refused and stating the reason therefor, and may include in such report any other information the inspector deems desirable.

ｧ 17. Traveling navigation inspectors.

The commissioner may appoint not to exceed three traveling navigation inspectors whose qualifications shall include a full knowledge of the navigation law and regulations established thereunder and a practical experience in the navigation of vessels. Such inspectors shall be employed for such periods of the year and at such rates of pay as the commissioner may deem necessary, and shall have the power to issue a uniform navigation summons and/or complaint for violations of the provisions of article four of this chapter which are applicable to vessels.

ｧ 18. Special navigation inspectors.

The commissioner may, if in his judgment conditions so require, appoint members of local boat clubs, or other persons found competent, to act as special navigation inspectors during regattas authorized by him. The power and authority in such special navigation inspectors shall be limited to the period during which the regatta is authorized and to the enforcement of the navigation law and special regulations. Upon the completion of the regatta, he shall file with the commissioner a report covering the conduct of the regatta and his activities. Such special navigation inspector shall receive no compensation from the state. Any expense in connection with his duties shall be borne by the person conducting the regatta.

ｧ 19. Uniform navigation summons and complaint.

ｧ 20. Verification of complaints.

Where a navigation summons has been served by a peace officer, acting pursuant to his special duties, police officer, or traveling navigation inspector, in cases of violations of any provision of this chapter or of any ordinance, rule or regulation enacted pursuant thereto or pursuant to any other law relating to navigation, any chief, deputy-chief, captain, lieutenant or acting lieutenant, sergeant or acting sergeant of a police department, or any sheriff, undersheriff, chief deputy, deputy sergeant or deputy in charge of navigation maintained by any sheriff in any county to whom the service of the navigation summons is reported, is hereby authorized to administer to such officer or traveling navigation inspector, all necessary oaths in connection with the execution of the complaint to be presented in court by such officer or traveling navigation inspector, in the prosecution of such offense but a complaint need not be verified provided it shall be affirmed under penalty of perjury.

Article 3 - NAVIGABLE WATERS OF THE STATE

ｧ 30. Navigation, jurisdiction over.

The commissioner shall have jurisdiction over navigation on the navigable waters of the state and, except as otherwise provided, shall enforce the provisions of this chapter and the regulations established thereunder. As a guide to the interpretation and application of this article, nothing authorized hereunder shall be construed to convey any property rights, either in real estate or material, or any exclusive privilege; nor authorize any injury to private property or invasion of private rights or any infringement of federal, state or local laws or regulations, but shall express the assent of the state so far as it concerns the public rights of navigation. Nothing contained in this section shall be construed to limit, impair or affect the general powers and duties of the commissioner of transportation relating to canals as set forth in section ten of the canal law.

ｧ 31. Excavation, fill or other modification of water course.

No person or local public corporation shall excavate or place fill in the navigable waters of the state without first obtaining a permit therefor in conformity with the provisions of section 15-0505 of the environmental conservation law.

ｧ 32. Location of structures in or on navigable waters.

ｧ 32-a. Using net or weir unlawfully in Hudson river.

A person, who uses any net or weir for setting or attaching nets, or a pole or other fixture in any part of the Hudson river, except as permitted by statute, is guilty of a misdemeanor.

ｧ 32-b. Lights upon swing bridges.

A corporation, company, or individual, owning, maintaining or operating a swing bridge across the Hudson river, who during the navigation season between sundown and sunrise, neglects to keep and maintain upon every such bridge the lights required by law, is guilty of a misdemeanor.

ｧ 32-c. Interfering with navigation.

A person who throws, or causes, or permits to be thrown, from any boat, scow, or other vessel, or in any other manner, into the tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties or any of the navigable waters of this state, including bays, sounds and harbors, any earth, ashes, cinders, stone, or other material, or who builds any structure therein, which will in any manner lessen the depth of such waters, or interfere with the free and safe navigation thereof, is guilty of a misdemeanor.

ｧ 32-d. Dumping or depositing of certain materials in the Genesee river.

Except as specifically authority by law, no person shall dump or deposit, or allow to be dumped or deposited, logs, lumber, timber, fabricated wood products or wood debris in the Genesee river which may interfere with the free and safe navigation thereof. A violation of the provisions hereof shall be a misdemeanor punishable by a fine of not to exceed one hundred dollars, or by imprisonment of not more than thirty days, or by both such fine and imprisonment.

ｧ 32-e. Restriction and regulation of structures in certain towns and villages in the county of Niagara.

The local legislative body of the towns of Lewiston and Porter and the villages of Youngstown and Lewiston for the purpose of responsible shoreline management, may adopt, amend and enforce local laws, rules and regulations not inconsistent with the laws of this state or of the United States, with respect to the restriction and regulation of the manner of construction and location of structures in the Niagara River within or bounding the towns of Lewiston and Porter and the villages of Youngstown and Lewiston to a distance of one-half the width of the river or up to the United States-Canadian border. Structures may include boathouses, wharfs, piers, docks, jetties or other types of structures which are non-permanent in nature or which are otherwise not subject to permit requirements.

ｧ 33. Deposit of refuse in navigable waters of the state.

No person shall drain, deposit or cast any dead animal, carrion, offal, excrement, garbage or other putrid or offensive matter into the navigable waters of the state or any tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties, except as the same may be authorized by the state department of health. Every person violating the provisions of this section shall upon conviction by any court of competent jurisdiction be guilty of a misdemeanor punishable by a fine of not to exceed one hundred dollars, or by imprisonment of not more than one year, or by both such fine and imprisonment for each offense. The district attorney of the county, in which the offense is committed or exists, is authorized and directed to prosecute such offender or offenders.

ｧ 33-a. Sanitary facilities aboard craft on Lake George, Canandaigua Lake, Keuka Lake, Skaneateles Lake and on Greenwood Lake, Orange county.

It shall be unlawful for any owner or operator or for a marina or other business to launch, moor, dock or operate any craft, or permit such launching, mooring or operating of any craft upon Lake George, upon Canandaigua Lake, upon Keuka Lake, upon Skaneateles Lake, and upon Greenwood Lake, Orange county, their tributaries or outlets, equipped with toilets, sinks, tubs, showers, or other equipment resulting in the drainage of waste water or other sanitary facilities which in any manner discharge into the waters of the lake, its tributaries or outlet. All such toilets, sinks, tubs, showers, or other equipment resulting in the drainage of waste water, or other sanitary facilities, shall be removed or sealed or made to drain into a tank or reservoir which can be carried or pumped ashore for disposal according to the regulations of local boards of health or county and state health agencies. Failure to comply with the provisions of this section aboard craft on Lake George, Canandaigua Lake, Keuka Lake, and on Greenwood Lake, Orange county shall be a misdemeanor punishable by a fine of not to exceed one hundred dollars, or by imprisonment of not more than one year, or by both such fine and imprisonment. Failure to comply with the provisions of this section aboard craft on Skaneateles Lake shall be a misdemeanor punishable by a fine not to exceed five hundred dollars, or by imprisonment of not more than one year, or by both such fine and imprisonment.

ｧ 33-b. Dumping or depositing trash and other debris in Chautauqua lake and its tributaries; ice fishing shanties on lakes within the state of New York; identification of duck blinds.

Any person who dumps, deposits or allows or causes to be dumped or deposited in any manner any trash, glass, bottles, garbage or any other debris in the waters of Chautauqua lake or its tributaries, or upon the shore line adjacent thereto, or upon the ice covering the waters of Chautauqua lake, or any person who constructs, moves, places or causes or allows to be constructed, moved or placed any structure upon the ice covering the waters of lakes within the state of New York, shall be guilty of, a violation punishable by a fine of not to exceed one hundred dollars, unless the person who constructs, moves, places or causes or allows to be constructed, moved or placed any structure upon the ice covering the waters of lakes within the state of New York shall have placed thereon with paint or in some other permanent manner the owner's full name in characters at least three inches high and his address in a contrasting color to the surrounding structure, and provided further the said structure is removed not later than the fifteenth day of March in each year or such other date as may be set by the department of environmental conservation. Every duck blind, placed in the waters of lakes within the state of New York, shall have prominently placed thereon, in some permanent manner, the owner's full name and address, and further each duck blind so placed shall be removed from the water no later than the fifteenth day of March following its placement. The wilful failure of an owner of a duck blind to affix such identification or remove it from the water by the prescribed date shall subject said owner to a fine of one hundred dollars.

ｧ 33-c. Regulating disposal of sewage; littering of waterways.

ｧ 33-d. Sanitary facilities aboard crafts on Lake Champlain.

It shall be unlawful for any owner or operator of any craft upon Lake Champlain, its tributaries or outlets, to operate any craft equipped with a marine toilet which in any manner discharges sewage into the waters of said lake, its tributaries or outlets. All marine toilets on any such craft shall also incorporate or be equipped with a holding tank which can be carried or pumped ashore for disposal according to the regulations of local boards of health or county or state health agencies. Any holding tank designed so as to provide for an optional means of discharge to the waters on which the craft is operating shall have the discharge openings sealed shut and any discharge lines, pipes or hoses shall be removed or disconnected and stored while operating on the waters of said lake, its tributaries or outlets. Failure to comply with the provisions of this section shall be a violation punishable by a fine not to exceed two hundred fifty dollars or by imprisonment of not more than fifteen days or by both such fine and imprisonment.

ｧ 33-e. Marine sanitation devices aboard vessels in vessel waste no-discharge zones.

ｧ 34. Regattas.

The commissioner may authorize the holding of regattas or boat races on any navigable waters of the state within his jurisdiction. He shall adopt and may, from time to time, amend regulations concerning the safety of vessels and the passengers and other persons thereon, either observers or participants. Whenever a regatta or boat race is proposed to be held on such waters, the person in charge thereof, shall, at least fifteen days prior thereto, file an application with the commissioner in his office at Albany for permission to hold such regatta or boat race. The application shall set forth the date and location where it is proposed to hold such regatta or boat races and it shall not be conducted without authorization of the commissioner in writing. A copy of the regulations adopted pursuant to this section, and of any amendments thereto, shall be filed in the office of the commissioner and in the office of the department of state. A copy of such regulations shall be furnished by the commissioner to any person making due application therefor. Any person who shall violate any regulation adopted pursuant to this section shall for every such violation forfeit to the people of the state the sum of not to exceed two hundred and fifty dollars to be recovered in a civil action.

ｧ 34-a. Permits for racing shell regattas not required.

Nothing contained in section thirty-four of this chapter or in any other general or special law shall be deemed or construed as requiring any permit or permission to hold a regatta or race of rowing shells by any educational institution or amateur rowing organization in navigable waters of the state. For the purpose of this section, a "racing shell" is defined to mean any boat, specially designed for racing and propelled solely by means of oars, not including lifeboats or standard type rowboats, not specifically designed for rowing races. Any educational institution or amateur rowing organization, however, shall file with the commissioner a notification of all races to be held, setting forth the dates, places, a description of the course and the number of entrants in each race. No fee shall be charged for such filing.

ｧ 35. Aids to navigation.

The commissioner may authorize, through the issuance of a revocable permit, the placing of aids to navigation in the navigable waters of the state, and any tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties, to mark obstructions to navigation, or for any other purpose, if, in his judgment, it will promote safety of navigation. Any person interested in the navigation of the navigable waters of the state, and any tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties, who may desire to place such aids to navigation therein, without expense to the state, may make application to the commissioner and submit a map suitable for blue print reproduction showing the proposed location of such aids to navigation and their color and meaning. The commissioner shall make rules and regulations establishing the size, shape, color and significance of such aids to navigation. When authorization has been granted the said aids to navigation shall be deemed lawfully placed. If, in the judgment of the commissioner, aids to navigation authorized by him are found to be improperly placed or that the reason for their placement no longer exists, he may revoke the permit authorizing their placement by written notice mailed to the person to whom the permit was issued directing their removal within a specified time. The person to whom such notice is directed shall thereupon remove the aids to navigation in accordance with such instructions. In case of failure by the person so directed to remove the aids to navigation 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 aids to navigation and it shall be recoverable through action in any court of competent jurisdiction. Each aid to navigation lawfully placed shall bear in a conspicuous place and in legible condition the letters "NYS". Any person placing such designating letters on an aid to navigation not lawfully placed, in accordance with this section, shall be guilty of a misdemeanor and upon conviction by a court of competent jurisdiction shall be subject to a fine of not more than twenty-five dollars for each and every offense. Any person who shall moor or fasten a vessel to a lawfully placed aid to navigation or shall wilfully damage, alter the location of, or otherwise render ineffective a lawfully placed aid to navigation shall be guilty of a misdemeanor and upon conviction before a court of competent jurisdiction shall be subject to a fine of not more than fifty dollars for each and every offense.

ｧ 35-a. Floating objects other than aids to navigation.

ｧ 35-b. Markers for skin or scuba divers.

ｧ 35-c. Real time and wind water level telemetry system.

ｧ 36. Removal of unauthorized floating object.

No unattended floating object shall be anchored within the navigable waters of the state for any purpose, except as same may be authorized under the United States laws, rules and regulations or by section thirty-five and thirty-five-a of this chapter or by local ordinances as may be duly approved by the commissioner. Any person finding such anchored object is authorized to remove the same.

ｧ 37. Public use of privately owned navigable waters.

The provisions of this chapter shall apply to privately owned navigable waters to which the public has or is granted access, for compensation or otherwise, for boating, bathing, swimming or other recreational uses or purposes.

ｧ 38. Lake George water levels.

Any dam or other similar structure so located in the outlet of Lake George as to affect the water levels of the lake shall, with due allowance for fluctuations due to natural causes or to emergencies and for a reasonable use of water for power and for sanitary purposes, be operated in such a manner as to maintain the waters of the lake from the first day of June to the thirtieth day of September in each year as nearly as may be at an average level of three and five-tenths feet on the gage of the United States Geological Survey at Rogers Rock on Lake George, known as Rogers Rock gage, and in such a manner as to maintain the waters of the lake from the first day of October to the first day of December at a level which shall not fall below two and five-tenths feet on said gage; and, consistent with the above mentioned fluctuations and reasonable use, the waste gates of any such dam or other structure shall be operated so that, to the extent possible, the waters of the lake will not be permitted to rise above a level of four feet on such gage at any time during the year or to fall below a level of two and five-tenths feet on said gage at any time after the first day of June and prior to the first day of December in any year. If at any time during the year the waters of the lake shall rise above such level of four feet any person owning or operating such dam or other structure shall immediately open the waste gates thereof and take such other appropriate action as in the judgment of the water resources commission may be necessary to lower the waters of the lake with the least practicable delay to a level not higher than four feet of said gage. If at any time after the first day of June and prior to the first day of December in any year the waters of the lake shall fall below such level of two and five-tenths feet such person shall immediately close the waste gates of such dam or other structure; and no person shall withdraw water from the lake for the purpose of generating power during any period of time between the first day of June and the first day of October in any year when the level of the waters of the lake is below two and five-tenths feet on said gage. The water resources commission or its duly authorized representative shall at all times have access to such dam or other structure and is hereby authorized and directed to operate the waste gates thereof whenever necessary for the purpose of carrying out the provisions of this section. The water resources commission shall establish such rules and regulations as in its judgment may be necessary for the enforcement of the provisions of this section, and it is hereby authorized to enter into such agreement or agreements with any person or persons owning or operating any such dam or other structure as in its judgment may be necessary in order to carry into effect the provisions of this section and of such rules and regulations. In addition, the water resources commission shall, once in each year during the first week in July, cause to be published in at least three daily newspapers serving the area the reading on the Rogers Rock gage on the first day of July in that year. Any person violating any provision of this section or of any rule or regulation established or of any agreement entered into pursuant thereto shall for every such violation forfeit to the people of the state the sum of not to exceed two hundred fifty dollars to be recovered in a civil action.

ｧ 39. Motor boat regulation on Lake George.

Article 4 - VESSELS

Part 1 - VESSELS, GENERAL

ｧ 40. Equipment.

Equipment required herein shall be carried on every vessel except as otherwise provided, while underway, or at anchor with any person aboard, while on the navigable waters of the state and any tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties. Should the federal government adopt vessel equipment requirements different from those contained in this section, the commissioner shall be authorized to adopt rules and regulations superceding the vessel equipment requirements of this section to achieve consistency with federal standards, and shall submit such proposed rules and regulations to the secretary of state in accordance with the state administrative procedure act within thirty days of the adoption of federal equipment requirements or submit a statement as to why such conforming changes are not being proposed.

ｧ 40-a. Manufacture and sale of outboard motors.

No outboard motor manufactured after January first, nineteen hundred eighty shall be sold or offered for commercial sale by a dealer in this state unless such motor shall have permanently engraved thereon by the manufacturer an identifying serial number. Such serial mark shall be of a permanent nature so as to prevent or discourage the removal, defacing, alteration or destruction thereof. Anyone violating the provisions of this section shall be guilty of a violation punishable by a fine of not less than one hundred nor more than two hundred fifty dollars.

ｧ 40-b. Sale and use of tributyltin paint.

ｧ 41. Pilot rules.

The following rules shall be observed on all mechanically propelled vessels on the navigable waters of the state and all tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties:

ｧ 42. Searchlights; unlawful to flash.

Any licensed master, pilot, joint pilot and engineer or operator, who shall flash or cause to be flashed, the rays of a searchlight into the pilot house or into the eyes of the master, pilot, or operator of an approaching vessel shall be liable to have his license revoked. Any person committing such act shall be guilty of a misdemeanor punishable as set forth in section seventy-three-b of this article. Searchlights shall not be known as navigating lights.

ｧ 43. Lights to be displayed.

ｧ 44. Noise levels on pleasure vessels.

ｧ 45. Reckless operation of a vessel; speed.

ｧ 45-a. Beaching a disabled water craft.

Except in an emergency, it shall not be lawful to intentionally beach or abandon any vessel, ship, boat or other water craft on underwater lands of navigable waters of the state surrounding Richmond county, without the permission of the owners or lessees of the uplands abutting such underwater lands. Any violation of this section shall be a misdemeanor punishable as set forth in section seventy-three-b of this article.

ｧ 45-aa. Special provisions relating to reckless operation and speed on Canandaigua lake; Keuka lake.

ｧ 45-aaa. Special provisions relating to speed on Irondequoit bay.

ｧ 45-aaaa. Special provisions relating to reckless operation and speed on Greenwood Lake.

(a) every pleasure vessel operated on G