Can a NY town appoint harbor masters with peace officer powers to patrol an inland lake?

Subject

Town harbor masters' peace officer powers on navigable waters

Plain-English summary

The Town of Putnam Valley wanted to appoint harbor masters with peace officer powers to patrol Lake Oscawana. The town attorney asked whether the appointment was authorized and what the harbor masters could enforce.

The AG concluded the appointment is authorized, subject to one condition: Lake Oscawana has to qualify as "navigable waters" under Navigation Law § 2(4). That section defines navigable waters as "all lakes, rivers, streams and waters within the boundaries of the state and not privately owned, which are navigable in fact or upon which vessels are operated, except all tidewaters bordering on and lying within the boundaries of Nassau and Suffolk counties." If Lake Oscawana fits that definition, the town can appoint harbor masters there.

The peace officer authority comes from Criminal Procedure Law § 2.10(19), which gives peace officer status to "harbor masters appointed by a county, city, town or village." That statute was added by L 1965 ch 168 along with Navigation Law amendments expanding the definition of navigable waters to include Long Island Sound bordering on Westchester County and reworking state reimbursement of enforcement expenses (Navigation Law §§ 79-a, 79-b; 9 NYCRR §§ 446.21 - 446.25). The bill jacket showed the broader purpose: counties had not been enforcing the Navigation Law, the burden fell on municipalities within counties, and the Legislature wanted to give municipalities both enforcement authority and access to state aid for the cost.

The AG flagged a structural point. Criminal Procedure Law § 2.10(19) does not limit harbor master appointments to particular municipalities; it covers "harbor masters appointed by a county, city, town or village" without geographic restriction. By contrast, other subsections of § 2.10 (like (18), (27), (51)) do contain geographic limitations. The Legislature's choice not to limit § 2.10(19) means any New York municipality can appoint harbor masters with peace officer status, as long as they enforce Navigation Law on qualifying waters.

The AG also reaffirmed prior Op Atty Gen (Inf) No. 83-55: town harbor masters, as peace officers, may enforce provisions of the Environmental Conservation Law that are consistent with their specific duties when their employer authorizes them to do so.

Currency note

This opinion was issued in 1995. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

How does Lake Oscawana qualify as "navigable waters"?

The Navigation Law § 2(4) definition has two pieces: not privately owned, and either navigable in fact or having vessels operating on it. A private pond used only by the landowner would not qualify. A larger lake with public boat launching, regular boat traffic, or public access points generally would. The factual call belongs to the town, with the definition as the legal touchstone.

What can a harbor master with peace officer status do?

As peace officers, harbor masters can enforce Navigation Law violations (speed limits on water, anchoring restrictions, vessel safety equipment requirements, boating-under-influence, registration, etc.). They can issue citations, conduct stops, and (depending on the violation) make arrests. Their authority is geographically tied to the waters the municipality is enforcing.

What about ECL enforcement?

The AG's view, drawing on Op Atty Gen (Inf) No. 83-55, is that harbor masters can enforce ECL provisions consistent with their duties when authorized by their employer. So fish-and-game violations, certain boating-related ECL provisions, and pollution violations may all be within reach if the town has authorized that enforcement. Authorization is the key: it is not automatic, but it is permissible.

Does the town need to seek state aid for the enforcement costs?

Not necessarily. The state aid program under Navigation Law §§ 79-a and 79-b is optional. A town can appoint harbor masters and bear the full cost. The 1965 amendments made aid available; they did not condition the appointment authority on accepting aid.

What about harbor masters on tidewaters in Nassau and Suffolk?

The Navigation Law § 2(4) definition explicitly excludes "tidewaters bordering on and lying within the boundaries of Nassau and Suffolk counties" from "navigable waters." Different statutory schemes apply there for harbor master appointments. The general rule in this opinion does not directly answer those situations.

Statutory framework

Criminal Procedure Law § 2.10(19) grants peace officer status to harbor masters appointed by a county, city, town, or village. No geographic limit.

Navigation Law § 2(4) defines navigable waters for purposes of the Navigation Law.

Navigation Law §§ 79-a and 79-b establish the state aid program for municipal Navigation Law enforcement.

9 NYCRR §§ 446.21-446.25 implement the state aid program.

L 1965 ch 168 added § 2.10(19) and made the related Navigation Law amendments.

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_95-39_pw.pdf

Original opinion text

CRIMINAL PROCEDURE LAW § 2.10(19); NAVIGATION LAW §§ 2(4), 30,
79-a, 79-b; 9 NYCRR §§ 446.21 - 446.25; L 1965, CH 168.
The Town of Putnam Valley may appoint harbor masters to
enforce the Navigation Law on Lake Oscawana, provided that the
lake meets the definition of navigable waters contained in
Navigation Law § 2(4). Town harbor masters, as peace officers,
may enforce those provisions of the Environmental Conservation
Law which are consistent with their specific duties when
authorized or required to do so by their employers.
July 25, 1995
Jeffrey S. Shumejda, Esq.
Town Attorney
Town of Putnam Valley
Sleepy Hollow National Bank Bldg.
North Tarrytown, NY 10591

Informal Opinion
No. 95-39

Dear Mr. Shumejda:
You have asked whether the Town of Putnam Valley may appoint
harbor masters with peace officer powers to patrol Lake Oscawana.
As you note, Criminal Procedure Law § 2.10(19) includes "harbor
masters appointed by a county, city, town or village" within the
list of individuals accorded peace officer status.
Criminal Procedure Law § 2.10(19) was enacted in 1965
together with an amendment to the Navigation Law. L 1965 ch 168.
The amendment expanded the definition of navigable waters to
include the Long Island Sound bordering on Westchester County and
modified the provisions governing State reimbursement of
enforcement expenses. The county had not been enforcing the
Navigation Law and the burden of regulating the coastal waters
fell on municipalities within the county. The aim of the
legislation was to strengthen enforcement and to permit those
municipalities to receive State aid to cover a portion of the
cost of enforcing the Navigation Law. See, VanCott Memorandum in
Support, Bill Jacket, L 1965 ch 168. The amendments were written
to cover more than the purposes described above, however, and
permit any "city, town or village" to seek State aid for
enforcement of the provisions of the Navigation Law if the county
in which the municipality was located did not enforce it.
Counties were already covered. See, Navigation Law §§ 79-a,
79-b; 9 NYCRR §§ 446.21 - 446.25.
The amendment also provided that harbor masters appointed by
a county, city, town or village would have peace officer status.
This was viewed as necessary to assist the municipalities in
enforcing the Navigation Law on the navigable waters of the
State. Bill Jacket, supra. We note that the Legislature did not
limit its grant of authority to appoint harbor masters with peace

2
officer status to particular municipalities. In other instances
where the Legislature wished to make such a limited grant, it
specified the limitation in the statute. See, e.g., Criminal
Procedure Law § 2.10(18), (27), (51).
Currently, navigable waters are defined as
all lakes, rivers, streams and waters within the boundaries of the
state and not privately owned, which are navigable in fact or upon
which vessels are operated, except all tidewaters bordering on and
lying within the boundaries of Nassau and Suffolk counties.

Navigation Law § 2(4).
We conclude that the statute discussed above was intended to
authorize any municipality in the State to appoint a harbor
master with peace officer status to enforce the Navigation Law
upon the navigable waters of the State. Accordingly, we conclude
that the Town of Putnam Valley may appoint harbor masters to
enforce the Navigation Law on Lake Oscawana, provided that the
lake meets the definition of navigable waters contained in
Navigation Law § 2(4). We also note that in a prior opinion we
concluded that town harbor masters, as peace officers, may
enforce those provisions of the Environmental Conservation Law
which are consistent with their specific duties when authorized
or required to do so by their employers. Op Atty Gen (Inf)
No. 83-55.
The Attorney General renders formal opinions only to
officers and departments of State government. This perforce is
an informal and unofficial expression of the views of this
office.
Very truly yours,

SIOBHAN S. CRARY
Assistant Attorney General