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S3666Senate2009-2010 SessionSame asA701

Relates to the public right of passage upon navigable waterways of the state

Sponsor John J. FlanaganSD-2+3 co-sponsorsAffects Environment & Energy
Status
In Senate Committee
Environmental Conservation
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Environmental Conservation

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Who cares

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Sponsors

Primary sponsor
John J. Flanagan

Senator · Senate District 2

History

  1. Print number 3666a
  2. Amend and recommit to environmental conservation
  3. Referred to environmental conservation
  4. Referred to environmental conservation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A701Assembly

Relates to the public right of passage upon navigable waterways of the state

In Assembly Committee · Environmental Conservation · Sponsor Sam Hoyt

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the environmental conservation law, in relation to the public right of passage upon the navigable waterways of the state and the rights of private property owners over which such waterways pass

Purpose

To establish by statute the common law right of public access to navigable waterways in the state.

Summary of provisions

Adds a new Title 35 to Article 15 to the Environmental Conservation Law defining and regulating the right of the public to travel upon the navigable waterways of the state. Section 15-3301 of the new article recognizes the existing common law of the state that the public has a right to travel by vessel over navigable waters where they flow upon private lands.

Read the full memo (618 words)

This article states that the right of the public to use navigable waters does not permit crossing private land for access to, or egress from, such waters. However, the right of the public to continue along a navigable waterway by portaging on land if obstructed by a natural or manmade obstacle, as well as entry upon private land only to the extent necessary for exercising the right of navigation, is acknowledged. It requires the public to comply with all relevant statutes, rules and regulations dealing with travel via navigable waterways.

The bill also authorizes the Commissioner of Environmental Conservation to designate waterways which in furtherance of public safety and/or protection of natural resources can only be used with special limitations, including under a self-registration user system. The bill references the General Obligations Law and makes it clear that landowners generally cannot be held liable for damages if any member of the public is injured while exercising their right of passage on navigable waterways involving lands owned by such landowners. Definitions are provided for the following words or term; waterway; commerce; recreation; passage; lining; portaging; scouting; poling; and self registration system.

Justification

Navigable waterways have been primary arteries of transportation and commerce in New York since its inception. Over time a substantial body of case law has developed in New York which insures that these waterways will be accessible and useful to the public. Today much of the public's use of navigable waterways is for recreational purposes. Important in its own right for health and enjoyment, recreational use also is important for tourism and it provides economic benefits to many areas of the state. The 1998 Court of Appeals decision concerning the South Branch of the Moose River made clear that recreational use is a contemporary manifestation of traditional commercial use of navigable waterways and it can be an important factor in determining navigability.

As a result of confusion and misunderstanding that developed over the years, public use of some navigable waterways has been obstructed illegally by riparian landowners. Obstruction of navigable waterways by riparian landowners or their lessees is a violation of public rights. Such illegal actions reduce the availability of the State's waterways for public enjoyment, with attendant economic loss. Some of these illegal obstructions have been removed as a result of recent land acquisition by the State. However, at the same time, obstructions have been put in place elsewhere and more might be put in place in the future unless these rights are clarified, made more understandable in plain English and made more accessible by embodiment in a single statute. Such clarification and accessibility will benefit riparian landowners, river recreationists, law enforcement officers and other parties with a primary or secondary direct interest.

Legislative history

2007-08: S.5792A Environmental Conservation Committee/A.7230A Advanced 3rd Reading

Fiscal implications

None.

Effective date

This act shall take effect on the 180th day after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.