N.Y. Comp. Codes R. & Regs. tit. 9 § 571.3

Current through Register Vol. 46, No. 25, June 18, 2024

Section 571.3 - Determination of mean high water

(a) The agency will, upon request of any person having a legal interest in property and contemplating land use or development or subdivision thereon, determine the mean high water mark of any lake, pond, river or stream at relevant points.

(b) Where recorded hydrological data allow, the agency will provide mean high water expressed as an elevation above mean sea level for the water body involved, and will list it in Appendix Q-2 of these regulations.

(c) Where recorded hydrological data cannot be used, the agency will physically locate the mean high water mark upon the land in question, utilizing standard vegetative tests, water marks, soil characteristics and other means customarily employed in making such determinations.

(d) The agency will generally accept the written and certified determination of a professional land surveyor licensed by the State of New York of the mean high water mark on any particular lot.

(e) Except where it clearly appears, based upon inspection of the lot, that the original determination was inaccurate, the agency will generally accept any determination of mean high water set forth in a deed to the premises.

(f) Where the application of subdivision (b), (c), (d) or (e) of this section yields materially different results, the agency will reasonably fix the mean high water mark in the exercise of discretion.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 571.3