35-a. Floating objects other than aids to navigation. 1. The commissioner may authorize, through the issuance of a revocable permit, the placing in the navigable waters of the state, of mooring buoys, bathing beach markers, swimming floats, speed zone markers, or any other floating object having no navigational significance, if in his opinion the placing of such floating object will not be a hazard to navigation.
2. The commissioner is hereby authorized to make rules and regulations for the issuance of such permits and he shall establish a uniform system of marking all floating objects that he authorizes to be placed.
3. Adjacent upland owners may place one mooring buoy and one swimming float of not more than one hundred square feet of surface area, in the waters adjacent to and within the boundaries of their shoreline, provided however, that no floating object and no vessel or part thereof which is secured to a mooring buoy shall at any time extend more than one hundred feet from shore and further provided that no floating object may be placed in a navigable channel or in any location in which it will interfere with free and safe navigation or free access to another person's property. The commissioner shall have the right to remove or alter the location of any such buoy or float in the interest of navigation.
4. The commissioner may, by rule, regulation, or order, designate lakes, or areas within lakes, in which fishing buoys may be placed. The commissioner shall specify the size, shape, color and material of construction for such buoys, the manner of placing same and the type of ground tackle to be used. No fishing buoys may be placed in the navigable waters of the state except as specified by the commissioner in rules and regulations authorized herein.
5. The commissioner may prescribe a reasonable service charge to cover the cost of issuance of permits authorized by this section. Revenues from such service charges shall be deposited into the "I love NY waterways" boating safety fund established pursuant to section ninety-seven-nn of the state finance law.
6. The provisions of this section which pertain to the mooring of vessels shall not apply to areas in which local ordinances so pertaining have been duly approved by the commissioner or in which areas federal laws or rules and regulations regulate the anchoring or mooring of vessels.
7. A violation of this section or the rules and regulations authorized herein shall constitute an offense punishable by a fine of not to exceed fifty dollars.
Last modified: February 3, 2019