N.Y. Executive Law § 806: Shoreline restrictions

§ 806. Shoreline restrictions. 1. In order to provide adequate

protection of the quality of the lakes, ponds, rivers and streams of the

park and the qualities of their shorelines, no person shall undertake

any new land use or development or subdivision of land that involves any

shoreline within the park, except in compliance, at a minimum, with the

following restrictions. In addition, compliance with these restrictions

shall be required by the agency in its review of any project under

section eight hundred nine and, at a minimum, by any local government in

the adoption and enforcement of a local land use program. All distances

contained in these restrictions shall be measured horizontally. For the

purpose of this section, any lot, parcel or site that adjoins a

shoreline, includes a shoreline or, in whole or in part, is located at

or within the minimum set back requirement as provided in subparagraph

two of paragraph a of this subdivision, and any land use or development

on such a lot, parcel or site, shall be deemed to involve that

shoreline.

a. In the case of the shorelines of all lakes and ponds and the

shorelines of any river designated to be studied as a wild, scenic or

recreational river in accordance with the environmental conservation law

or any river or stream navigable by boat, including canoe, the following

restrictions shall apply:

(1) The minimum lot width measured along the shoreline for each one

family residential structure shall be fifty feet in hamlet areas, one

hundred feet in moderate intensity use areas, one hundred twenty-five

feet in low intensity use areas, one hundred fifty feet in rural use

areas, and two hundred feet in resource management areas; provided that

the minimum lot width for a lot not adjoining or including shoreline

which is deemed to involve shoreline for the purposes of this section

may be measured lateral to the shoreline at any point on the lot.

Nothing herein shall be deemed to preclude the application of

appropriate shoreline restrictions to new uses other than one family

residential structures subject to project review by the agency or to an

approved local land use program.

(2) The minimum setback of all principal buildings and accessory

structures in excess of one hundred square feet, other than docks or

boathouses, from the mean high-water mark shall be fifty feet in hamlet

areas and moderate intensity use areas, seventy-five feet in low

intensity and rural use areas, and one hundred feet in resource

management areas.

(3) The removal of vegetation, including trees, shall be permitted on

shorefront lots provided the following standards are met:

(a) Within thirty-five feet of the mean high-water mark not more than

thirty percent of the trees in excess of six inches diameter at breast

height existing at any time may be cut over any ten-year period.

(b) Within six feet of the mean high-water mark no vegetation may be

removed, except that up to a maximum of thirty percent of the shorefront

may be cleared of vegetation on any individual lot. This provision shall

be adhered to in addition to (a) above.

(c) The above cutting standards shall not be deemed to prevent the

removal of diseased vegetation or of rotten or damaged trees or of other

vegetation that present safety or health hazards.

(4) The following minimum shoreline frontages shall be required in all

land use areas for deeded or contractual access to all such lakes,

ponds, rivers or streams for five or more lots, parcels or sites or

multiple family dwelling units not having separate and distinct

ownership of shore frontage:

(a) Where five to twenty lots or multiple family dwelling units are

involved, a total of not less than one hundred feet.

(b) Where more than twenty and not more than one hundred lots or

multiple dwelling units are involved, a minimum of three feet for each

additional lot or multiple dwelling unit in excess of twenty.

(c) Where more than one hundred and not more than one hundred fifty

lots or multiple dwelling units are involved, a minimum of two feet for

each additional lot or multiple dwelling unit in excess of one hundred.

(d) Where more than one hundred fifty lots or multiple dwelling units

are involved, a minimum of one foot for each additional lot or multiple

dwelling unit in excess of one hundred fifty.

b. In the case of all lakes, ponds, rivers and streams, the minimum

setback of any on-site sewage drainage field or seepage pit shall be one

hundred feet from the mean high-water mark in all land use areas.

2. In all of the above restrictions, the term "mean high-water mark"

shall mean the spillway elevation contour, which is at seven hundred

seventy-one feet elevation above mean sea level, whenever the Great

Sacandaga Lake is involved.

3. a. Any person seeking a variance from the strict letter of the

shoreline restrictions in connection with any new land use or

development or subdivision of land proposed to be located in a land use

area governed by an approved local land use program shall make

application therefor to the local government as provided in such

approved local land use program. If a person is seeking such a variance

in a land use area not governed by an approved local land use program,

he shall make application therefor to the agency whether or not the

agency has project review jurisdiction over the new land use or

development or subdivision of land involved. Upon such application, and

after public hearing thereon, the local government or the agency shall,

where there are practical difficulties or unnecessary hardships in the

way of carrying out the strict letter of the restrictions, have

authority to vary or modify the application of such restrictions

relating to the use, construction or alteration of buildings or

structures, or the use of land, so that the spirit of such restrictions

shall be observed, public safety and welfare secured and substantial

justice done.

b. The local government shall act upon any application to it within

the time provided for in its local land use program. The agency shall

act upon any application to it which is associated with a project

subject to its review jurisdiction within the period provided in section

eight hundred nine. In the case of any other application, the agency

shall schedule a public hearing within fifteen days of receipt of an

application in such form and manner as it shall prescribe. The public

hearing shall be commenced within thirty days of the date it is

scheduled. The agency shall act upon a variance application within

forty-five days of the receipt by the agency of a complete record, as

that term is defined in paragraphs (a) through (e) of subdivision one of

section three hundred two of the state administrative procedure act.

4. The shoreline restrictions shall not apply to any emergency land

use or development which is immediately necessary for the protection of

life or property as defined by the agency in its rules and regulations

governing its procedures to review projects as authorized in section

eight hundred nine.

5. In order to encourage clustering of buildings and the maintenance

of undeveloped shorelines, as an alternative to minimum lot widths of

the shoreline restriction, shoreline development may take place in the

following land use areas upon the following approximate overall

intensities of principal buildings (other than boathouses) per linear

mile of shoreline or proportionate fraction thereof:

Principal Buildings

Land Use Areas Per Linear Mile

Hamlet ............................................... 106

Moderate Intensity .................................... 53

Low Intensity ......................................... 42

Rural Use ............................................. 36

Resource Management ................................... 26

This alternative method of cluster shoreline development shall only be

employed where a single ownership or a group of two or more owners

acting in concert is involved. In addition, approval of this method of

development must carry with it provisions, whether by deed restriction,

restrictive covenant or other similar appropriate means, to insure the

retention in open space of the undeveloped portions of shoreline

developed on a cluster basis. The agency, within its project review

jurisdiction, or a local government under an approved local land use

program, may apply these optional shoreline clustering provisions. Any

person proposing to undertake new land use or development or subdivision

of land in a land use area not governed by an approved local land use

program and that is not subject to the agency's project review

jurisdiction, may apply to the agency for a permit to employ such

alternative method and the agency shall have authority to grant such a

permit if the above required terms and conditions are met. The agency

shall act upon such application within thirty days after receipt

thereof.