N.Y. Comp. Codes R. & Regs. tit. 9 § 575.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 575.1 - General rule

(a) No person shall engage in land use or development or subdivision that involves shoreline in the Adirondack Park, whether or not an agency permit is also required, except in accordance with the shoreline restrictions.

(b) The shoreline building setback, vegetative cutting and minimum lot width restrictions apply to lands in proximity to:

(1) lakes or ponds;

(2) rivers designated by section 15-2715 of the Environmental Conservation Law for possible inclusion in the wild, scenic and recreational rivers system and listed in Appendix Q-5 of this Title;

(3) all other rivers and all streams which are navigable by boat, including canoe. Agency determinations of navigability may be obtained pursuant to section 571.4 of this Title. Navigable means, solely for purposes of applying the shoreline restrictions, those rivers and streams that are "navigable in fact" or upon which a boat with a capacity of one or more persons, including a canoe, can be operated despite interruptions to navigation by artificial structures, shallows, rapids or other obstructions, or by seasonal variation in water level.

(c) The shoreline setback requirement for onsite sewage disposal systems applies to all lakes, ponds, rivers and streams, including an intermittent stream with a defined bed and banks, regardless of navigability.

(d) Additional restrictions, set forth in Part 577 of this Title, apply to the shorelines of wild, scenic and recreational rivers.

(e) The shoreline restrictions are set forth in tabular form below:

(1) MINIMUM LOT WIDTHS AND BUILDING SETBACKS.

Land use area	Minimum	Minimum
lot width	building setback
Hamlet	50 ft.	50 ft.
Moderate intensity use	100 ft.	50 ft.
Low intensity use	125 ft.	75 ft.
Rural use	150 ft.	75 ft.
Resource management	200 ft.	100 ft.
Industrial use	-	-

(2) MINIMUM ONSITE WASTEWATER TREATMENT SYSTEM SETBACKS.

All land use areas

100 ft. .....................................................

(3) MINIMUM VEGETATIVE CUTTING RESTRICTIONS.

All land use areas

(i) Not more than 30 percent of the trees six inches or more in diameter at breast height within 35 feet of the mean high water mark may be cut over any 10-year period.

(ii) No cutting of any vegetation may take place within six feet of the mean high water mark, except that up to 30 percent of the shorefront may be cleared of vegetation on any individual lot.

(iii) These standards do not prevent the removal of diseased vegetation, or of rotten or damaged trees or of other vegetation presenting safety or health hazards. Any person having a legal interest in property and planning to cut shoreline trees or vegetation thereon may request an agency determination whether such trees or vegetation qualify for removal pursuant to this subparagraph.

(4) MINIMUM FRONTAGES FOR DEEDED OR CONTRACTUAL ACCESS TO WATER BODIES (by lots, parcels or sites or multiple family dwelling units not having separate and distinct shoreline ownership).

All land use areas.

(i) Where 5-20 lots or units are involved, at least 100 feet.

(ii) Where 21-100 lots or units are involved, 100 feet, and at least three feet for each lot or unit exceeding 20.

(iii) Where 101-150 lots or units are involved, 340 feet, and at least two feet for each lot or unit exceeding 100.

(iv) Where more than 150 lots or units are involved, 440 feet, and at least one foot for each lot or unit exceeding 150.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 575.1