N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 646-1.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 646-1.1 - Docks, wharfs and moorings

(a) General prohibitions.

(1) No person shall construct, erect, place, alter, modify, enlarge, or expand any dock, wharf or mooring on waters of Lake George without having first obtained a permit from the commission; and

(2) No person shall use or maintain a dock, wharf or mooring on waters of Lake George unless the dock, wharf or mooring is registered with the commission, and the fees required pursuant to Subpart 645-7 are paid in full when due.

(b) Annual registration. Each dock, wharf and mooring shall, on or before April 1st of each year, be registered with the commission on such forms as the commission may prescribe. Such forms shall include certification by the owner or operator of the number of vessels to be berthed at the facility and the names of the owners thereof, including the vessels that will be registered to the owner or the owner's immediate family, and the vessels that will be registered to other persons.

(c) Special requirements. All new docks, wharfs and moorings shall comply with the provisions of this paragraph:

(1) No dock or wharf shall be constructed in a configuration other than a straight pier, T, L, U, E or F-shaped. For the convenience of the regulated community, the following specific configurations are authorized configurations:

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(These configurations shall not be interpreted to indicate which side of the structure should be connected to land.)

(2) No dock or wharf shall be constructed so as to exceed the following offshore distance criteria:

(i) no dock or wharf may extend offshore for more than 40 feet beyond the mean low-water mark where the wharf intersects the mean low-water mark;

(ii) in streams, no dock or wharf may extend more than 20 percent of the width of the stream at the point of construction; and

(iii) no dock, wharf or mooring shall be constructed or placed so as to extend offshore more than 100 feet from the mean high water mark.

(3) No dock, wharf or mooring shall be constructed or placed so as to interfere with normal navigation or reasonable access to adjacent docks, wharfs, moorings or lands.

(4) The maximum surface area of any dock or wharf shall be 700 square feet, including any walkway. For the purpose of computing the maximum surface area, no portion of the structure shall be included within the computation which extends upland of the mean high-water mark, and the minimum allowable width of any dock, wharf, pier, lateral projection or finger shall be two feet.

(5) The maximum width of any pier shall be eight feet.

(6) The maximum width of any dock or wharf, including all lateral projections, shall be 40 feet.

(7) The maximum number of docks, wharfs or moorings permitted per lakefront lot or parcel shall be limited as follows:

(i) 45 to 65 feet of lakefront--one dock or wharf constructed as a straight pier (a minimum of 45 feet is required for the construction of a wharf);

(ii) 66 to 150 feet of lakefront--one dock or wharf constructed as a straight pier, T, L or U-shaped, plus one mooring;

(iii) 151 to 250 feet of lakefront--two docks or wharfs constructed in any combination of straight pier, T, F, L or U-shaped, or one E-shaped wharf, plus two moorings;

(iv) 251 to 500 feet of lakefront--three docks or wharfs constructed of any combination of straight pier, T, L, U or F-shaped, or two E-shaped wharfs, plus three moorings; or

(v) 501 or more feet of lakefront--four docks or wharfs constructed as a straight pier, T, F, E, L or U-shaped wharf, plus four moorings, and one additional dock or wharf plus one additional mooring for each additional 150 feet of lakefront.

In determining the maximum number of permitted docks, wharfs or moorings, the commission may review any subdivision of land created on or after the effective date of these regulations [June 3, 1988] which involved the lot or parcel in issue to determine the maximum number of docks, wharfs or moorings permitted and base such number upon the total footage of lakefront prior to the subdivision.

(8) No structure shall be constructed on a dock, wharf or mooring which exceeds 16 feet in height above the mean high-water mark and which is not in compliance with local zoning.

(9) All crib wharfs shall be of the open crib type.

(10) No dock or wharf shall be constructed unless designed to withstand forces of flowing water and wave washes.

(11) Every dock or wharf constructed shall have a minimum setback of 20 feet from the adjacent property line extended into the lake on the same axis as the property line runs onshore where it meets the lake, or at a right angle to the mean high-water mark, whichever results in the greater setback. This provision shall control over the provisions of section 646-1.4(k) of this Subpart.

(12) Moorings shall be placed so that vessels moored to them, at the full swing of their mooring or anchor line, will be no closer than 20 feet to the projection of the property lines extended into the lake along the axis of the property lines as they intersect the lake, or a line extended at a right angle to the mean high-water mark, whichever results in the greater setback. Moorings shall not be placed so that the full swing of the vessel extends more than 100 feet offshore from the mean high-water mark.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 646-1.1