§ 75. Grants of land under water. This section authorizes grants,\nleases, easements, and lesser interests, including permits, for the use\nof state-owned land underwater and the cession of jurisdiction thereof\nconsistent with the public interest in the use of state-owned lands\nunderwater for purposes of navigation, commerce, fishing, bathing, and\nrecreation; environmental protection; and access to the navigable waters\nof the state; with due regard for the need of affected owners of private\nproperty to safeguard their property.\n 1. Of navigable rivers and lakes.\n 2. Of the Hudson river adjacent to the state of New Jersey.\n 3. Of the former bed of Onondaga creek in Onondaga county and of\nTibbetts brook in Bronx county, whether or not now under water, and\nregardless of upland ownership.\n 4. Adjacent to and surrounding Great Barn island in the city and\ncounty of New York, and between high and low water mark on such island,\nbut not so as to affect the navigation of the waters surrounding such\nisland.\n 5. Adjacent to and surrounding Staten Island, but not so as to extend\nmore than five hundred feet into the water from low water mark on said\nisland, except where the legally established pier and bulkhead lines\nextend more than five hundred feet beyond low water mark, in which case\ngrants may be made to such lines.\n 6. Adjacent to and surrounding Long Island, and all that part of the\nformer or present county of Westchester lying on the East river or Long\nIsland sound, but not beyond any permanent exterior water line\nestablished by law.\n 7. (a) The commissioner of general services may grant in perpetuity or\notherwise, to the owners of the land adjacent to the land underwater\nspecified in this section, to promote the commerce of this state or for\nthe purpose of beneficial enjoyment thereof by such owners, or for\nagricultural purposes, or for public park, beach, street, highway,\nparkway, playground, recreation or conservation purposes, so much of\nsaid land underwater as the commissioner deems necessary for that\npurpose. No such grant shall be made to any person other than the\nproprietor of the adjacent land. Any such grant made to any other person\nshall be void, except that, subject to the other provisions of this\nsection, the commissioner of general services may transfer jurisdiction\nover state-owned lands underwater to a state agency for the purpose of\nprotecting environmentally sensitive lands underwater even if the state\nagency is not the proprietor of the adjacent upland. The commissioner\nmay also lease such land underwater to such owner of the adjacent upland\nor, with the consent of such owner of the adjacent upland, to others,\nfor terms up to forty years. No such grant or lease shall be made of any\nlands belonging to the city of New York, or so as to interfere with the\nrights of that city or of the Hudson River Railroad Company, or of its\nsuccessor the New York Central and Hudson River Railroad Company. In\nmaking any grant, lease, permit or other conveyance, the commissioner of\ngeneral services shall, upon administrative findings, and to the extent\npracticable, reserve such interests or attach such conditions to\npreserve the public interest in use of state-owned lands underwater and\nwaterways for navigation, commerce, fishing, bathing, recreation,\nenvironmental protection and access to the navigable waters of the\nstate, with due regard for the need of affected owners of private\nproperty to safeguard their property. The commissioner shall by official\nrules establish criteria and guidelines for determinations with respect\nto the leasing or selling of such lands underwater.\n Where the boundary line between land underwater and the adjacent land\nlies within a public road or street, and the name of the owner or owners\nof such adjacent land or the place of residence cannot be ascertained to\nthe satisfaction of the commissioner, grants or leases may be made by\nthe commissio
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.