The State's harbors are subject to an ever-increasing array of use conflicts. These include conflicts between passive and active types of recreation, between commercial and recreational uses, and between all uses and the natural resources of a harbor. Increases in recreational boating, changes in waterfront uses, what to do with dredged materials, competition for space, multiple regulating authorities all make effective harbor management complex.

These conflicts and a lack of clear authority to solve them have resulted in degraded natural and cultural characteristics of many harbors, and their ability to support a range of appropriate uses. Harbor management plans can be used to analyze and resolve these conflicts. They are key to making the most of the waterside of your waterfront. Guidelines on the preparation of a harbor management plan are available from the Division of Coastal Resources.

While the State and federal government have authority to regulate many in-water activities, these regulations are generally for specific activities or for discrete purposes. Local governments can have the authority to regulate all uses and structures for a broad set of purposes to address the conflicts that are specific to your harbor and achieve the mix of harbor uses that are appropriate. Harbor management planning enables local government to address a wide range of uses in harbor and nearshore areas

To develop a plan for the waterside of your waterfront that will complement your plans for the landside you will need to understand how your harbor or nearshore areas are being used now and what constraints exist for new uses. The information you will need includes the following:

• details on commercial, industrial, and recreational water-dependent uses such as marinas, boat yards, transhipment facilities, swimming areas, commercial or recreational fishing or shellfishing, types of commercial and recreational vessel traffic and vessel anchorage or mooring areas
• water quality classifications and use standards
• wetlands and significant habitats
• the general pattern of public and private ownership of underwater lands
• historic underwater sites or structures, such as shipwrecks or archaeological sites
• location of underwater cables or pipelines
• existing infrastructure such as navigation channels and basins, bulkheads, docks and docking facilities, sewage treatment and vessel waste facilities, public water supplies, and roadways supporting the harbor area
• a description of adjacent existing land uses and zoning
• the existing federal, State and local regulations that apply in the harbor

Once you have this basic information you will want to determine the issues and conflicts that are affecting your ability to make the most of your waterfront. The following lists issues and conflicts that should be considered and analyzed if they are present in your harbor or nearshore areas.

• interferences with existing navigation channels by structures, such as docks, floats or anchored or moored vessels
• public health and safety issues, such as, conflicts between shellfishing and vessel anchorage or mooring areas, the operation of vessels in or near swimming areas, unsafe vessel speeds, and general boating congestion
• substandard water quality and a need to improve water quality for a range of desired uses, such as fishing, swimming, or year-round or seasonal shellfishing
• degraded or threatened natural areas, such as wetlands or significant coastal fish and wildlife habitats
• a need to maintain or provide harbor infrastructure such as roadways, navigation channels, bulkheads, boat ramps, docks, sewage treatment, and vessel waste pumpout facilities
• limits on public access to or use of the harbor area
• a high demand for, but a lack of, appropriate commercial vessel support facilities or sufficiently maintained navigation channel or basin depths
• problems related to dredging and dredged material disposal
• the need to protect important water-dependent uses in appropriate areas within harbors
• zoning of water-dependent uses for other uses in areas appropriate for water-dependent uses,
• intertidal wetland areas, bays or other offshore or intertidal areas that are used or zoned for residential or other inappropriate uses

Based on your analysis of harbor conditions, planning for your harbor should lead to the preparation of a harbor management chart (a water area map) that indicates how the harbor will function and be used. This is similar to a zoning map, and needs to be supported by a local law. The chart should depict areas representing surface waters and underwater lands that will be designated for certain uses, such as:

• existing or proposed navigation channels, fairways, or accessways over the water's surface
• open water areas
• mooring or anchorage areas
• marinas
• periodic or ongoing special use zones, areas for water skiing, races or other special events
• buffer areas between water surface uses
• swimming areas
• harbor or pierhead lines and bulkhead lines
• perimeter permit areas
• major structures such as groins, jetties, seawalls, bulkheads and piers
• sensitive habitat or shellfishing areas
• upland adjacent to the waterbody designated for water-dependent uses
• proposed public improvements, such as docks, vessel waste disposal facilities, launch ramps.

The harbor management law(s) should also address regulation of the following:

• the use, operation, speed, anchoring and mooring, and other uses of or activities associated with vessels
• the siting and construction of docks, piers, bulkheads or other in-water structures
• activities allowed or prohibited in sensitive areas such as highly productive wetlands and significant habitats, or in areas, such as swimming areas, where public safety is of concern
• dredging and dredged material disposal, mining, or excavating or subsurface material
• swimming, SCUBA diving or other primary contact in-water recreational activities

Other means of implementing harbor management that you should consider include

• Harbor Improvement Districts - establishing harbor improvement districts pursuant to Section 190 of the Town Law to provide a funding mechanism for public projects and physical improvements in and adjacent to the harbor area, such as studies; construction and maintenance of public launching ramps, docks, vessel waste pumpout and waste reception facilities; land acquisition; and dredging
• Identification of necessary capital projects, such as commercial or recreational fishing docks, channel dredging, shoreline stabilization, acquisition of boats and other equipment
• Management/Enforcement - appointing a harbor manager or designating someone to administer and enforce the plan; providing a harbor master or other person with the training and authority to administer the plan; designating the harbor responsibilities of existing officials and boards
• Education - providing information to recreational boaters and other users of the harbor area, such as tourists, regarding harbor safety and public health, maritime history, uses of the harbor area, natural resources, or other information that increases public awareness of harbor issue.

Actions by federal and State agencies are often necessary in order to fully implement and advance projects in harbor areas. These actions may include approving anchorage and mooring areas, designating vessel waste no-discharge zones, dredging or maintaining major navigation channels and basins, constructing or maintaining breakwaters, funding certain studies, or providing technical assistance. These necessary actions should be described in the harbor management plan.

Partners and Links

The Office of General Services (OGS), Real Property Management and Development, can provide assistance related to grants or other conveyances of State interests in land under water, and the construction of commercial docks, wharves, moorings and permanent structures in State-owned underwater lands.

The Department of Environmental Conservation (DEC) can provide information regarding wetlands, protected species, water quality classifications and State environmental regulations that may apply to your harbor and its existing or proposed uses.

The Department of Transportation (DOT) can provide information about transportation infrastructure, including roadways, bridges, and bicycle and pedestrian paths, ferries and public transportation, in your harbor area.

The Office of Parks, Recreation and Historic Preservation (OPRHP) can assist in identifying historic underwater sites or structures, such as shipwrecks or archaeological sites. The Division of Marine and Recreational Vehicles can provide information regarding State reimbursements for some municipal navigation law enforcement expenses. OPRHP may also be a waterfront landowner in your community, managing recreational activities and access to the harbor.

The United States Coast Guard (USCG) is a critical partner in harbor management with information about marine safety, security and environmental protection. USCG approves aids to navigaton and regulatory markers such as buoys, and approves certain anchorage and mooring areas. USCG sponsors local Harbor Safety Committees as part of the federal interagency Marine Transportation System.

The National Oceanic and Atmospheric Administration (NOAA) can provide harbor managers with a variety of charting and navigation tools and information. NOAA's National Marine Fisheries Service has information about Essential Fish Habitats, marine and anadromous protected species, and commercial and recreational fisheries in your area.

The United States Army Corps of Engineers (USACE) can identify federally maintained navigation channels and other federal projects such as breakwaters, and provide information and regulatory guidance on dredging and dredged material disposal, flood protection, wetlands and waterways . New York's coastal areas and inland waterways are covered primarily by the New York District and the Buffalo District.

The United States Department of Interior includes both the National Park Service (NPS) and the Fish and Wildlife Service (USFWS), both providing valuable information for harbor management planning. NPS is a good source for cultural resources information, has a submerged resources center, and may own or manage a National Park, Seashore, or Monument in your harbor area. USFWS can provide endangered species consultation, habitat assessment and restoration assistance, technical input in evaluating impacts to fish and wildlife, and may own or manage a National Wildlife Refuge in your area.

United States Environmental Protection Agency (USEPA) can provide information on air and water quality programs and regulations related to the discharge of wastes from boats and marinas, beach closures and monitoring, and assistance with planning and managing watersheds, water quality, and wetlands.