New York Executive Code § 806

Shoreline restrictions
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§ 806. Shoreline restrictions. 1. In order to provide adequate\nprotection of the quality of the lakes, ponds, rivers and streams of the\npark and the qualities of their shorelines, no person shall undertake\nany new land use or development or subdivision of land that involves any\nshoreline within the park, except in compliance, at a minimum, with the\nfollowing restrictions. In addition, compliance with these restrictions\nshall be required by the agency in its review of any project under\nsection eight hundred nine and, at a minimum, by any local government in\nthe adoption and enforcement of a local land use program. All distances\ncontained in these restrictions shall be measured horizontally. For the\npurpose of this section, any lot, parcel or site that adjoins a\nshoreline, includes a shoreline or, in whole or in part, is located at\nor within the minimum set back requirement as provided in subparagraph\ntwo of paragraph a of this subdivision, and any land use or development\non such a lot, parcel or site, shall be deemed to involve that\nshoreline.\n  a. In the case of the shorelines of all lakes and ponds and the\nshorelines of any river designated to be studied as a wild, scenic or\nrecreational river in accordance with the environmental conservation law\nor any river or stream navigable by boat, including canoe, the following\nrestrictions shall apply:\n  (1) The minimum lot width measured along the shoreline for each one\nfamily residential structure shall be fifty feet in hamlet areas, one\nhundred feet in moderate intensity use areas, one hundred twenty-five\nfeet in low intensity use areas, one hundred fifty feet in rural use\nareas, and two hundred feet in resource management areas; provided that\nthe minimum lot width for a lot not adjoining or including shoreline\nwhich is deemed to involve shoreline for the purposes of this section\nmay be measured lateral to the shoreline at any point on the lot.\nNothing herein shall be deemed to preclude the application of\nappropriate shoreline restrictions to new uses other than one family\nresidential structures subject to project review by the agency or to an\napproved local land use program.\n  (2) The minimum setback of all principal buildings and accessory\nstructures in excess of one hundred square feet, other than docks or\nboathouses, from the mean high-water mark shall be fifty feet in hamlet\nareas and moderate intensity use areas, seventy-five feet in low\nintensity and rural use areas, and one hundred feet in resource\nmanagement areas.\n  (3) The removal of vegetation, including trees, shall be permitted on\nshorefront lots provided the following standards are met:\n  (a) Within thirty-five feet of the mean high-water mark not more than\nthirty percent of the trees in excess of six inches diameter at breast\nheight existing at any time may be cut over any ten-year period.\n  (b) Within six feet of the mean high-water mark no vegetation may be\nremoved, except that up to a maximum of thirty percent of the shorefront\nmay be cleared of vegetation on any individual lot. This provision shall\nbe adhered to in addition to (a) above.\n  (c) The above cutting standards shall not be deemed to prevent the\nremoval of diseased vegetation or of rotten or damaged trees or of other\nvegetation that present safety or health hazards.\n  (4) The following minimum shoreline frontages shall be required in all\nland use areas for deeded or contractual access to all such lakes,\nponds, rivers or streams for five or more lots, parcels or sites or\nmultiple family dwelling units not having separate and distinct\nownership of shore frontage:\n  (a) Where five to twenty lots or multiple family dwelling units are\ninvolved, a total of not less than one hundred feet.\n  (b) Where more than twenty and not more than one hundred lots or\nmultiple dwelling units are involved, a minimum of three feet for each\nadditional lot or multiple dwelling unit in excess of twenty.\n  (c) Where mo

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