New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter II - Division Of Land Utilization › Part 274 - Interference With Riparian Rights › Section 274.5 - Standards

Current through Register Vol. 46, No. 28, July 10, 2024
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.
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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.
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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.
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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.
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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.
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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.