Confiscation, Storage, Disposal, and Limitations of all Boats.
15 RCNY § 16-10.3
in effect§ 16-10.3 Confiscation, Storage, Disposal, and Limitations of all Boats.
(1) NYCDEP Confiscation of any Boat. Any boat left in the water unattended; found on land outside of the boat's assigned Boat Storage Area; found in a closed Boat Storage Area to which it was not assigned; found without a valid Fishing or Recreational Boat Tag or with illegible boat numbers; found on City Property after expiration or revocation of the owner's Fishing or Recreational Boat Tag or Access Permit; found in a Restricted Area, or abandoned or otherwise not in compliance with these Rules is subject to confiscation and storage by NYCDEP or its designee at the owner's expense.
By accepting a Fishing or Recreational Boat Tag, the owner of the tagged boat acknowledges and accepts NYCDEP's and its designee's right to confiscate and store a boat that NYCDEP determines is in violation of these regulations; NYCDEP's right to dispose of the boat in accordance with this section; and waives any right to assert a claim against NYCDEP and/or its designee for such confiscation and/or disposal or hold either liable under any circumstances for damage to, or loss of, a boat or accessories such as, but not limited to, chains, locks and oars during its confiscation, storage or disposition.
When a boat is confiscated by NYCDEP or its designee, a record of the boat's condition will be prepared and maintained including the following information: a boat description, date of confiscation, storage location, condition, equipment with the boat, if any, estimated value, and whether it appears seaworthy or not. Such record will be maintained until NYCDEP or its designee disposes of said boat in accordance with these Rules.
When a boat is confiscated, a one-time confiscation penalty of $120.00 will be assessed per boat. A storage fee of $1.00 per day will also be assessed per boat until the boat is claimed by its owner, or until the storage fee adds up to $90. Together the confiscation penalty and storage fees will not exceed $210.00 in total per boat.
NYCDEP or its designee will send a written notice to attempt to contact the owner of a NYCDEP confiscated boat within 30 days from the date NYCDEP deems the boat confiscated in order to notify such owner of the boat's status. This written notice will be documented by NYCDEP or its designee and may be by USPS mail, or electronic mail using the contact information on file for the Access Permit/Boat Tag holder. If a confiscated boat has no record of ownership with NYCDEP, the boat will be held for 3 months and if unclaimed, disposed of in accordance with 15 RCNY § 16-10.3(4).
(2) Storage of NYCDEP-Confiscated Boats. NYCDEP or its designee will secure a confiscated boat on NYCDEP or its designee's property until the confiscated boat is claimed by its owner or until 3 months have passed from the date of notice of confiscation by NYCDEP or its designee. Storage may include a boat being left in place and secured on City Property until it can be disposed of by NYCDEP or its designee.
(3) Owner Claim of Confiscated Boats. All boats confiscated and stored by NYCDEP or its designee will be available for claim and pick up within the 3 month storage period by the boat owner of record, by appointment with NYCDEP or its designee. NYCDEP or its designee's staff will confirm that the person claiming the boat is the boat owner of record. Any accumulated confiscation penalty and storage fees must be paid to the order of NYCDEP by certified check, bank check, or money order and must be tendered to NYCDEP or its designee in order for the boat to be released. An owner must pay any accumulated penalties and fees and remove their claimed boat at the same appointment; NYCDEP or its designees will not hold claimed boats or allow deferred payment. NYCDEP, or its designee after consulting with NYCDEP, may in extreme circumstances (such as death or a debilitating illness of a boat owner), waive any accumulated penalties and/or fees.
(4) Disposal of confiscated property. When necessary, NYCDEP will dispose of boats and other property confiscated by NYCDEP through any of the following means:
(i) Sale by the New York City Department of Citywide Administrative Services; or
(ii) Public auction by NYCDEP or its designee.
(5) Boat Relinquishment. Boat owners or their representatives may relinquish ownership of their boat stored on City Property to NYCDEP directly or through NYCDEP's designee according to the following process:
(i) The boat owner or his or her representative must write a letter stating that he or she relinquishes ownership of his or her boat to NYCDEP. The letter must contain the following information:
(a) boat owner name, address, telephone number, and Access Permit number;
(b) boat number and Boat Storage Area;
(c) if written by the boat owner, the signature of the boat owner; and
(d) date of signature.
(ii) If the letter is written by the representative of a boat owner, the representative must affirm in writing his or her ability to act on behalf of the boat owner for the purposes of relinquishing ownership to NYCDEP.
(iii) The relinquishment letter must be mailed to NYCDEP at 71 Smith Avenue Kingston, NY 12401 or its designee, if applicable.
(6) Lost and Stolen Property. Property owners must report all property believed to be lost or stolen to the appropriate NYCDEP Boat Office and the NYCDEP Police upon discovery. A boat owner whose boat has been stolen and has filed a report with NYCDEP Police may replace the boat at the same Boat Storage Area within 90 days of the Police report filing date. This will be allowed even if the Boat Storage Area is closed.
(7) Limitations. To limit potential adverse water quality or natural resource impacts, overcrowding, and for other such other reasons as NYCDEP may deem necessary or appropriate, NYCDEP may:
(i) Limit the number of valid Fishing or Recreational Boat Tags any individual can hold at one time;
(ii) Limit the number of Reservoir-specific valid Fishing or Recreational Boat Tags any individual can hold at one time;
(iii) Limit the total number of Fishing or Recreational Boat Tags issued for a particular Reservoir or Controlled Lake; and/or,
(iv) Limit the number of boats stored at a particular Reservoir or Controlled Lake, Boat Storage Area or boat launch site.
(v) If and when limits are determined to be necessary by NYCDEP, they shall be posted on the NYCDEP website and be available at NYCDEP offices, and its designees' boat steam cleaning sites, if applicable.
(vi) Any limitations proposed per above shall apply to new Fishing Boat or Recreational Boat Tag holders.
(Added City Record 5/31/2019, eff. 6/30/2019)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-119459Fetched: 10/24/2026