N.Y. Comp. Codes R. & Regs. Tit. 9 § 571.3 - Determination of mean high water
(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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.