Lake Shore Living & Coastal Erosion Permits
By: Greta K. Kolcon, Esq.
The New York State Department of Environmental Conservation (“DEC") is in the process of updating official Coastal Erosion Hazard Area Maps and the regulations that govern coastal erosion management. A period of public comment will follow release of the proposed new maps and regulations. The last official maps were established back in the 1980s, and new mapping technology is far more advanced, so property owners along Lake Ontario and Lake Erie, among others, may see significant changes from the old maps. The official mapping is important, because it impacts how property owners are allowed to use their property. If property falls within designated areas, it may be subject to the Coastal Erosion Hazard Area (CEHA) permit program.
What is “coastal erosion" and why is it regulated?
Coastal erosion, in the simplest terms, is the loss of land along the coast. It can cause damage to property, to natural resources, and can even endanger human lives. The DEC is tasked with managing coastal erosion hazard areas to help protect coastal habitat areas, inland natural resources, home businesses and communities from wind and water erosion and storm induced high water. Erosion can be caused by natural causes or by human activities. There are two types of coastal erosion hazard areas: natural protection feature areas and structural hazard areas. Natural protective feature areas may contain beaches, dunes, bluffs, and nearshore areas.
Structural hazard areas are lands located landward of natural protective feature areas and have shorelines receding at a long-term average annual recession rate of 1 foot or more per year. Development within structural hazard areas is limited to reduce the risk to people and property from coastal erosion and flood damage.
86 coastal communities in New York State are subject to coastal erosion regulation by the DEC, including communities along the edges of Lake Ontario and Lake Erie. Property included within a hazard area may be restricted or regulated. Coastal erosion management permits may be required for restoration of existing structures on property, such as repair to a dock or upgrading a deck. Permits may also be required for new projects, even projects that seem minor.
Note that some local communities are certified to process CEHA permits and in other areas, the DEC handles the CEHA permitting process directly. For example, in Monroe County, the Town of Greece, the Town of Hamlin, and the City of Rochester are certified communities that process CEHA permits on a local basis.
What do the current maps show?
Current maps can be obtained from the DEC by calling 518-402-8185. They can also be obtained from a DEC Regional Office. The current maps may change during the revision process. Once the official maps are established, any person who owns real property within a designated coastal erosion hazard area may appeal that designation, but there are limited bases for an appeal. Once real property is included within the map, owners should carefully review permit requirements before planning any projects, whether they are new projects or restoration projects.
