New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter X - DIVISION OF WATER RESOURCES
Subchapter A - GENERAL
Article 1 - MISCELLANEOUS RULES
Part 661 - Tidal Wetlands-land Use Regulations
Section 661.14 - Determination that lands do not involve littoral zone or coastal shoals, bars or flats

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.