N.Y. Comp. Codes R. & Regs. tit. 6 § 505.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 505.9 - Erosion protection structures

Construction of erosion protection structures is expensive, often only partially effective over time, and may even be harmful to adjacent or nearby properties. In some areas of the coastline, major erosion protection structures of great length would be required to effectively reduce future damages due to erosion. However, in those instances where properly designed and constructed erosion protection structures will be likely to minimize or prevent damage or destruction to manmade property, private and public property, natural protective features, and other natural resources, construction of erosion protection structures may be allowed. In such cases, the construction, modification or restoration of erosion protection structures is subject to the following requirements:

(a) A coastal erosion management permit is required for construction, modification or restoration of erosion protection structures, including the modification or restoration of erosion protection structures that were constructed without a coastal erosion management permit. Normal maintenance of an erosion protection structure does not require a coastal erosion management permit.

(b) All erosion protection structures must be designed and constructed according to generally accepted engineering principles which have demonstrated success or, where sufficient data is not currently available, a likelihood of success in controlling long-term erosion. The protective measures must have a reasonable probability of controlling erosion on the immediate site for at least 30 years.

(c) A long-term maintenance program must be included with every permit application for construction, modification or restoration of an erosion protection structure. That program must include specifications for normal maintenance of degradable materials and the periodic replacement of removable materials.

(d) All materials used in such structures must be durable and capable of withstanding inundation, wave impacts, weathering, and other effects of storm conditions. Individual component materials may have a working life of less than 30 years only when a maintenance program ensures that they will be regularly maintained and replaced as necessary to attain the required 30 years of erosion protection.

(e) The construction, modification or restoration of erosion protection structures must:

(1) not be likely to cause any measurable increase in erosion at the development site or other locations; and

(2) minimize, and if possible prevent, adverse effects to natural protective features, existing erosion protection structures, and natural resources such as significant fish and wildlife habitats.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 505.9