9 NYCRR Part 571 - Executive Department

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Source versions current through Sep 15, 2021 - May 15, 2022 across sections

Sections in this Part carry different compiled dates; each section shows its own.

9 NYCRR 571.1 - Determination of agency permit or variance jurisdiction

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

The agency will, upon request of any person having a legal interest in property and contemplating land use or development or subdivision thereon, determine whether an agency permit is required, or whether a variance is required from the shoreline restrictions or other restrictions of these regulations.

9 NYCRR 571.2 - Determination of the existence of a wetland

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

The agency will, upon request of any person having a legal interest in property and contemplating a land use or development or subdivision within the boundaries of wetlands thereon, determine whether wetlands are present, and the exact location of wetland boundaries.

9 NYCRR 571.3 - Determination of mean high water

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(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.

9 NYCRR 571.4 - Determination of navigability of river or stream

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

The agency will, at the request of any person having a legal interest in property and contemplating land use or development or subdivision thereon subject to the shoreline restrictions, determine whether a given river or stream or portion thereof is navigable for the purposes of section 806 of the Adirondack Park Agency Act and these regulations.

9 NYCRR 571.5 - General rules for determinations made pursuant to this Part

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Requests pursuant to this Part may be made by any person having a legal interest in the property in question, including a landowner, tenant, mortgagee, contract vendee or optionee. The agency will endeavor to respond to all requests, in writing, within 15 days of receipt.

(b)The agency will be bound by any determination made pursuant to this Part when signed by its executive director, deputy director-regulatory programs, project administrator or counsel, and when there has been material detrimental reliance thereon. No binding oral determinations can be made. The agency will not be bound in the case of misrepresentation or error in the facts or intentions stated in any inquiry made pursuant to this Part.

(c)A letter from the agency with respect to its permit or variance jurisdiction shall not excuse the responsible person from obtaining any other approvals or permits required by other governmental agencies, such as the Department of Environmental Conservation, Department of Health, or local governments.

(d)A determination made pursuant to subdivision (b) of this section may be appealed to the agency by the person who requested it under the procedures set forth in section 588.2 of these regulations.

9 NYCRR Appendix Q-2 - LIST OF MEAN HIGH WATER ELEVATIONS

Source version current through May 15, 2022

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022
Related Register notice: PSC-28-21-00013-P · Proposed rule
Related notice published: Jul 14, 2021

LIST OF MEAN HIGH WATER ELEVATIONS

The following mean high water elevations have been made pursuant to section 571.3 of this Title:

1.Lake Champlain 99.8 feet above mean sea level

2.Lake George 320.2 feet above mean sea level

3.Great Sacandaga Lake 771 feet above mean sea level

4.Hinckley Reservoir 1226.41 feet above mean sea level

5.Lake Pleasant (Hamilton County) 1729.00 feet above mean sea level

6.Raquette Pond 1547.11 feet above mean sea level

7.Sacandaga Lake (Hamilton County) 1729.30 feet above mean sea level

8.Schroon Lake 811.00 feet above mean sea level

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