N.Y. NAV Law § 35

§ 35. Aids to navigation. The commissioner may authorize, through the\nissuance of a revocable permit, the placing of aids to navigation in the\nnavigable waters of the state, and any tidewaters bordering on or lying\nwithin the boundaries of Nassau and Suffolk counties, to mark\nobstructions to navigation, or for any other purpose, if, in his\njudgment, it will promote safety of navigation. Any person interested in\nthe navigation of the navigable waters of the state, and any tidewaters\nbordering on or lying within the boundaries of Nassau and Suffolk\ncounties, who may desire to place such aids to navigation therein,\nwithout expense to the state, may make application to the commissioner\nand submit a map suitable for blue print reproduction showing the\nproposed location of such aids to navigation and their color and\nmeaning. The commissioner shall make rules and regulations establishing\nthe size, shape, color and significance of such aids to navigation. When\nauthorization has been granted the said aids to navigation shall be\ndeemed lawfully placed. If, in the judgment of the commissioner, aids to\nnavigation authorized by him are found to be improperly placed or that\nthe reason for their placement no longer exists, he may revoke the\npermit authorizing their placement by written notice mailed to the\nperson to whom the permit was issued directing their removal within a\nspecified time. The person to whom such notice is directed shall\nthereupon remove the aids to navigation in accordance with such\ninstructions. In case of failure by the person so directed to remove the\naids to navigation within the specified time, the commissioner may cause\ntheir removal. The cost and expense of such removal shall be a charge\nagainst the person authorized to place the aids to navigation and it\nshall be recoverable through action in any court of competent\njurisdiction. Each aid to navigation lawfully placed shall bear in a\nconspicuous place and in legible condition the letters "NYS". Any person\nplacing such designating letters on an aid to navigation not lawfully\nplaced, in accordance with this section, shall be guilty of a\nmisdemeanor and upon conviction by a court of competent jurisdiction\nshall be subject to a fine of not more than twenty-five dollars for each\nand every offense. Any person who shall moor or fasten a vessel to a\nlawfully placed aid to navigation or shall wilfully damage, alter the\nlocation of, or otherwise render ineffective a lawfully placed aid to\nnavigation shall be guilty of a misdemeanor and upon conviction before a\ncourt of competent jurisdiction shall be subject to a fine of not more\nthan fifty dollars for each and every offense.\n