New York regulations
Title 9 Part 575
Executive Department
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9 NYCRR 575.1 - General rule
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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.
- Latest notice
- TDA-01-17-00002-EP · Emergency and proposed rule · Dec 16, 2016
- Source snapshot
- Jun 6, 2026
9 NYCRR 575.2 - Measuring distances
No later Register activity identified in this check.
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)All distances specified in the shoreline restrictions are measured horizontally. Shoreline lot widths are measured along the shoreline as it winds and turns at the mean high water mark.
(b)Building setback restrictions are measured along the shortest line between any point of the structure and any point on the mean high water mark.
(c)Wastewater treatment system setbacks are measured along the shortest line between any point of the seepage pit, drainage field or other leaching facility and any point on the mean high water mark.
(d)In the case of the Great Sacandaga Lake, mean high water mark shall mean the spillway elevation contour of 771 feet above mean sea level.
9 NYCRR 575.3 - Variances of less than two feet
No later Register activity identified in this check.
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 not require that a landowner in need of a shoreline building setback, onsite sewage disposal system setback, or minimum lot width variance of two feet or less, submit an application for such variance, provided that the town or village involved is consulted and does not object to the proposed action.
9 NYCRR 575.4 - Structures subject to building setback restrictions
No later Register activity identified in this check.
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)The shoreline building setback restrictions apply to all principal buildings and to all accessory structures exceeding 100 square feet in size, including garages, sheds, porches, decks, barns, gazebos, guest cottages, tennis courts and permanent swimming pools, but not including boathouses or docks.
(b)Porches, decks and other structures attached to single family dwellings or to other structures subject to the building setback restrictions shall be considered part of the structure for purposes of applying the setback restriction.
(c)Decks or porches which are above water level and extend beyond the structural footprint of any boathouse, as that term is defined in section 570.3(c) of this Title, are subject to the shoreline setback restrictions if those portions which extend beyond the structural footprint exceed 100 square feet in the aggregate.
(d)Decks or patios which are not attached to another structure are subject to the building setback restrictions if they exceed 100 square feet, unless flush with natural ground level without raised elements such as railings or walls.
(e)Retaining walls shall be measured either in elevation (face) view or plan (top) view, whichever is larger.
(f)A retaining wall which is constructed of dry laid stone or untreated natural logs, and is smaller than 200 square feet in size, and does not exceed two feet in height above the mean high water mark, shall not be subject to the applicable shoreline setback requirements and variance procedures, provided that it:
(1)is designed to control an on-going erosion problem;
(2)is limited to the area necessary to control such erosion; and
(3)follows the existing natural elevation and contour of the shoreline.
9 NYCRR 575.5 - Replacement and expansion of existing structures
No later Register activity identified in this check.
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)Any existing structure lawfully in nonconformance with the building setback restrictions, or any such structure which was existing on August 1, 1973 and was thereafter removed or destroyed may be replaced in kind on the same foundation or location or in the same immediate vicinity, provided the previously existing setback nonconformance is not increased. A mobile home may be replaced by a single family dwelling, and a single family dwelling may be replaced by a mobile home.
(b)Expansions of existing structures in proximity to lakes, ponds, rivers or navigable streams shall be subject to the shoreline building setback restrictions according to the following rules:
(1)Expansions of existing structures which are in compliance with the building setback restrictions may not result in violation of such restrictions.
(2)An existing structure located within the shoreline setback area may not be expanded in any direction within the shoreline setback area, including an increase of structure height, without a variance; provided, however, no such variance shall be required for a minor rearward expansion or a minor height expansion specified in an agency letter to the property owner.
(c)Expansions of existing structures may also be subject to agency permit jurisdiction, according to the rules set forth in section 573.5 of these regulations.
9 NYCRR 575.6 - Application of lot width restrictions
No later Register activity identified in this check.
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)Except as provided in subdivision (c) of this section, the shoreline lot width restrictions apply to any lot, parcel or site which adjoins or includes a shoreline, or is located in whole or in part within the applicable building setback distance.
(b)The shoreline lot width restrictions apply to all new single family dwellings or mobile homes, including those to be located on lots created by a subdivision by gift, devise or inheritance, and on lots in preexisting subdivisions which have not received New York State Department of Health approval.
(c)The shoreline lot width restrictions shall not apply to subdivisions which do not involve the construction of any new single family residence or other new principal building, such as a subdivision solely involving existing buildings, or a subdivision of land for a boundary adjustment.
9 NYCRR 575.7 - Application of sewage system setback restrictions
No later Register activity identified in this check.
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)Any seepage pit, drainage field or other leaching facility receiving any form of household effluent, regardless of whether it receives toilet wastes, is subject to the sewage disposal system setback restrictions.
(b)Any outhouse privy or other pit privy which is not a self-contained system is subject to the sewage disposal system setback restrictions.
(c)Any lawfully existing onsite wastewater treatment system which is in non-conformance with the agency shoreline setback requirements, when proposed to be replaced, must be replaced in conformance with the setback requirements to the greatest extent possible, and in any case, no closer to the mean high water mark. No variance will be required for a replacement system which meets this requirement and which will also provide enhanced treatment over the lawfully existing system as determined by the agency, provided such system is not also being expanded to meet an actual or potential occupancy increase.
(d)Any proposed expansion of a non-conforming onsite wastewater treatment system designed to service an actual or potential increase in occupancy of the shoreline structure served must meet all existing standards for such systems, including the shoreline setback requirements. Otherwise, a variance will be required for the system expansion.