Title 9 Part 571 NYCRR — browse free

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

All 5 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 571.1 - Determination of agency permit or variance jurisdiction

No later Register activity identified in this check.

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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

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

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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

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

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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

(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

No later Register activity identified in this check.

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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

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

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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.
Latest notice: TDA-01-17-00002-EP · Emergency and proposed rule · Dec 16, 2016
Source snapshot: Jun 6, 2026

(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.

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