N.Y. Comp. Codes R. & Regs. tit. 6 § 661.14
The commissioner may amend an inventory map pursuant to the procedures set forth in section 661.17 of this Part where he determines that certain lands under tidal waters, while possessing the physical characteristics of littoral zone or coastal shoals, bars or flats, are not littoral zone or coastal shoals, bars or flats or any other type of tidal wetlands because such lands do not function biologically as tidal wetlands, exhibit little primary productivity and are populated by few benthic organisms, due to such factors as pollution, sedimentation or other physical disturbances. The commissioner may take such action on his own motion or at the request of any person. Such a request shall set forth the specific boundaries of the proposed amendment and the necessary information on which a decision on the request may be made.
N.Y. Comp. Codes R. & Regs. Tit. 6 § 661.14