35. Aids to navigation. The commissioner may authorize, through the issuance of a revocable permit, the placing of aids to navigation in the navigable waters of the state, and any tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties, to mark obstructions to navigation, or for any other purpose, if, in his judgment, it will promote safety of navigation. Any person interested in the navigation of the navigable waters of the state, and any tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties, who may desire to place such aids to navigation therein, without expense to the state, may make application to the commissioner and submit a map suitable for blue print reproduction showing the proposed location of such aids to navigation and their color and meaning. The commissioner shall make rules and regulations establishing the size, shape, color and significance of such aids to navigation. When authorization has been granted the said aids to navigation shall be deemed lawfully placed. If, in the judgment of the commissioner, aids to navigation authorized by him are found to be improperly placed or that the reason for their placement no longer exists, he may revoke the permit authorizing their placement by written notice mailed to the person to whom the permit was issued directing their removal within a specified time. The person to whom such notice is directed shall thereupon remove the aids to navigation in accordance with such instructions. In case of failure by the person so directed to remove the aids to navigation within the specified time, the commissioner may cause their removal. The cost and expense of such removal shall be a charge against the person authorized to place the aids to navigation and it shall be recoverable through action in any court of competent jurisdiction. Each aid to navigation lawfully placed shall bear in a conspicuous place and in legible condition the letters "NYS". Any person placing such designating letters on an aid to navigation not lawfully placed, in accordance with this section, shall be guilty of a misdemeanor and upon conviction by a court of competent jurisdiction shall be subject to a fine of not more than twenty-five dollars for each and every offense. Any person who shall moor or fasten a vessel to a lawfully placed aid to navigation or shall wilfully damage, alter the location of, or otherwise render ineffective a lawfully placed aid to navigation shall be guilty of a misdemeanor and upon conviction before a court of competent jurisdiction shall be subject to a fine of not more than fifty dollars for each and every offense.
Last modified: February 3, 2019