New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 575
Executive Department
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9 NYCRR 575.1 - General rule
Source version current through Jun 30, 2025
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jun 30, 2025
(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.
9 NYCRR 575.2 - Measuring distances
Source version current through Sep 15, 2021
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
(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
Source version current through Sep 15, 2021
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
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
Source version current through Sep 15, 2021
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
(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
Source version current through Sep 15, 2021
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
(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
Source version current through Sep 15, 2021
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
(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
Source version current through Sep 15, 2021
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
(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.
9 NYCRR Appendix Q-5 - LIST OF STUDY RIVERS
Source version current through May 15, 2022
A matched Register action is not later than the compiled-text reference date.
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 STUDY RIVERS
The following rivers are designated by law to be studied for possible inclusion into the wild, scenic and recreational rivers system. Lands within one-quarter mile of study rivers, except in hamlet and industrial use areas on the Adirondack Park land use and development plan map, are a statutory “critical environmental area”, within which all subdivisions of land and virtually all land uses and developments require an agency permit.
1.Bouquet River, North Branch (from Trout Pond to the confluence with the Main Branch).
2.The Branch (from Elk Lake to the confluence with the Schroon River).
3.East Stony Creek (from Harrisburg Lake to Great Sacandaga Lake).
4.Grasse River, Main Branch (from the confluence with the South Branch to the most northerly intersection with the park boundary).
5.Moose River, Middle Branch (from the confluence with the North Branch to the confluence with the South Branch).
6.Moose River, North Branch (from Big Moose Lake to the confluence with the Middle Branch).
7.Osgood River (from Jones Pond to Meacham Lake).
8.Oswegatchie River, Main Branch (from the Cranberry Lake Outlet to River Road).
9.Pleasant Lake Stream (from Pleasant Lake to the confluence with the Middle Branch of the Grasse River).
10.Saranac River, North Branch (from Mud Pond to the confluence with the Main Branch).