9 CRR-NY 274.5NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 9. EXECUTIVE DEPARTMENT
SUBTITLE G. OFFICE OF GENERAL SERVICES
CHAPTER II. DIVISION OF LAND UTILIZATION
PART 274. INTERFERENCE WITH RIPARIAN RIGHTS
9 CRR-NY 274.5
9 CRR-NY 274.5
274.5 Standards.
A resolution of the compliant will be based upon the application of one, all or a combination of the following surveying principles:
PERPENDICULAR METHOD
Establishing the outshore lateral lines between the riparian/littoral zones by turning 90 degrees from a base line is referred to as the perpendicular method. This can be done from a baseline established between headlands in a cove and applying the proportionate method. The baseline can also be the thread of a stream, or river and in some cases the general trend of the shore such as along the Long Island Sound. Nevertheless, the riparian/littoral zone is established along a line perpendicular to the baseline and extending the same to intersect the property line at the shoreline.
LONG LAKE METHOD
Establishment of the littoral zone for the elongated body of water is accomplished by the Long Lake method. The lateral lines are established by a line perpendicular from the thread of the lake to the point of contact of the property corners at the shore. The ends of the lake are divided by the Round Lake method.
ROUND LAKE (PIE) METHOD
Establishment of the littoral zone for a circular body of water is accomplished in a manner which is called the Round Lake or Pie Method. In this method, a point in the center of the body of water is established and a line drawn from the property corner at the shore is extended outshore to the established point at the center of the body of water.
COLONIAL METHOD
This method is used to apportion riparian/littoral zones by drawing a baseline from one corner of each lot to the other, at the margin of the upland, and running a line from each of their corners, at right angles to the baseline to the thread of the water body. The angle produced by the two lines established is bisected to establish the lateral outshore riparian/littoral zone.
PROPORTIONATE THREAD OF THE STREAM METHOD
Apportionment is made among several riparian owners in such a manner that each owner has the same percentage of footage in the thread of the stream as they have along the shoreline. Measure the shoreline, measure the thread of the stream, then divide the thread of the stream distance by the shoreline distance and multiply the resulting factor by the shoreline distance for each lot along the shoreline. The distance obtained is applied to the thread of the stream and the riparian/littoral zone is determined by connecting the lines between the shoreline property points with the outshore points established along the thread.
PRACTICAL LOCATION
When upland owners deliberately make outshore improvements adjacent to their upland ownership with the understanding that such area represents their true riparian zone, such area may be established by practical location. This principle will usually apply when there is evidence of long term use and acquiescence by adjoining owners and the application of another method would adversely affect the majority of riparian owners within the immediate vicinity.
9 CRR-NY 274.5
Current through February 28, 2021
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