New York regulations

Title 9 Part 274

Executive Department

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7 sections2 source-only entries

Compiled text through Sep 15, 2021Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

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9 NYCRR 274.1 - Applicability

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Dates and status
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Executive Department
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Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

Section 32 of the Navigation Law provides that no person may erect or replace a dock, wharf, pier, jetty, platform or other structure built on floats, columns, open timber, piles or similar open-work supports in navigable waters of the State which interferes with the free and direct access of any other person without such person's written permission. This Part shall apply in all administrative proceedings brought pursuant to section 32 of the Navigation Law.

9 NYCRR 274.2 - Parties

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Dates and status
Compiling agency
Executive Department
Text status
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Compiled text through
Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
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Jun 6, 2026

A person (complainant) may file a written complaint with the Commissioner of General Services (commissioner) stating that another (respondent) has constructed or will construct a dock, wharf, pier, jetty, platform or other similar structure built on floats, columns, open timber, piles or similar open-work supports in navigable waters of the State which interferes with the complainant's free and direct access to such waters to or from the complainant's property, wharf, dock, or similar structure.

9 NYCRR 274.3 - Subject

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Dates and status
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Executive Department
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Sep 15, 2021
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July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

The complaint must involve a dock, wharf, pier, jetty, platform or other similar structure and its interference with the complainant's free and direct access to navigable waters of the State.

9 NYCRR 274.4 - Complaint

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
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Jun 6, 2026

A complaint must include:

(a)Names and addresses of parties, name of the water body involved and the municipality (city, village, town and county) in which it is situated.
(b)Copies of deeds to the properties or other documentary evidence of the basis of the rights or interference claimed and tax map of the area.
(c)Map or drawing showing complainant's waterfront, structures or facilities if any in the water or along the water's edge and respondent's waterfront structures and the configuration of the shoreline for 100 feet on either side of the complainant's frontage. Maps should show property lines within 25 feet of the shore extending inland from the waters edge and distances to scale.
(d)A statement in narrative form explaining why the respondent's facilities do or will interfere with the complainant's free and direct access to navigable water. The complainant must establish that such person has the right to access which is being denied and that the actions of the respondent constitute a denial of the exercise of that right.
(e)Copies of all applicable permits issued by Federal, State and/or local agencies including Coastal Zone Management consistency statements and zoning variances.

9 NYCRR 274.5 - Standards

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Dates and status
Compiling agency
Executive Department
Text status
Source-only entry
Compiled text through
Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

9 NYCRR 274.6 - Procedure

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

In case any written complaint shall be filed with the Commissioner of General Services and he shall have cause to believe, or in case the commissioner shall have cause to believe, that any person is violating the provisions of section 32 of the Navigation Law, the commissioner shall cause an investigation to be made within 45 days. When the complaint has been reviewed and found to be in proper form, a notice of approved complaint will be sent by certified mail to the complainant and the respondent. The notice will include the complaint, maps, other pertinent documentation and advice that a reply by the respondent must be submitted within 60 days from the date of mailing.

9 NYCRR 274.7 - First stage resolution

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

Within 90 days of issuance of the notice of approved complaint, commissioner's staff will review the information submitted and will:

(a)recommend a resolution; or
(b)upon stipulation of the parties and withdrawal of the complaint, discontinue the investigation; or
(c)specify additional information, if any, to be submitted, schedule a meeting, or schedule a hearing.

9 NYCRR 274.8 - Second stage hearing

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LawEngine holds a witnessed source copy of this section. We are not showing the text inline until its table/list layout can be preserved exactly. We checked the State Register through July 29, 2026/Vol. XLVIII, Issue 30; no later activity found for this section.

Dates and status
Compiling agency
Executive Department
Text status
Source-only entry
Compiled text through
Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

9 NYCRR 274.9 - Issuance of order

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

Copy of the order will be mailed to each of the parties.

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