NY Exec L § 806 (2021)
2021 New York Laws EXC - Executive Article 27 - Adirondack Park Agency 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.