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 666 - Regulation Or Administration And Management Of The Wild, Scenic And Recreational Rivers System In New York State Excepting Private Land In The Adirondack Park
Section 666.6 - Boundaries of river areas

(a) Boundaries will be established subject to the finding of the commissioner that they are consistent with the purposes and policies of the act and facilitate the management objectives thereof. Boundaries will be delineated and established to include within the river area those natural, cultural and recreational features whose protection and preservation are necessary to accomplish the purposes of the act. Such features may include: scenic areas; natural, scientific and cultural features; flood plains and wetlands; significant fish and wildlife habitats; watershed and hydrological aquifer features, ecologically important areas and river-related outdoor recreational facilities. In delineating a river area boundary, consideration may be given to the existence of property boundaries or regulatory boundaries.

(b) In recreational river areas, the department may designate specific areas as communities that meet the criteria for such areas as specified in section 666.3(m) of this Part. Also, any local government partially or wholly within a designated river corridor may submit to the department the boundary of a proposed community designation. Such proposal will include specific boundaries and supporting information relative to the criteria. The department will publish a notice in the Environmental Notice Bulletin and in at least one newspaper having general circulation in the area of any departmental or local governmental proposal for a community designation and may hold a public hearing prior to making a decision to adopt, modify or reject such proposal. Boundaries may not exceed a width of one-half mile from each bank of the river.

(c) Boundaries will be established by the commissioner following a public hearing held in or near the river area after a river has been included in the system. The department will publish notices in the Environmental Notice Bulletin and in at least one newspaper having general circulation in the area at least 30 days in advance of any such departmental hearing. Failure of any person to be aware of the hearing will not invalidate the boundary subsequently established. Within the Adirondack Park, the boundaries will be mutually agreed upon by the department and the Adirondack Park Agency.

(d) Upon establishment of the boundary, the commissioner will file a map and narrative description of same with the clerk of each county in which the designated portion of the river is located. The commissioner will also notify affected local governments and state agencies of same and provide them with a map and narrative description of the boundary. A notice of establishment of the boundary will be placed in the Environmental Notice Bulletinand a map and narrative description of the boundary will be provided to interested parties upon request.

(e) Boundaries may be established or amended independently or concurrent with the process of adopting a river management plan and any complementary regulations for an individual designated river, as provided by section 666.7 of this Part.

(f) Upon the designation of a river in the system and until boundaries for the river are established, the provisions of this Part will be applicable within one-half mile from each bank of the river.

(g) Unless otherwise specified, the boundaries of river areas described as a uniform distance from a river bank will themselves wind and turn as the river does. All distances from a river will be measured horizontally from the bank of the river.

(h) The commissioner may amend the boundaries of any river area after a public hearing, at the initiative of the department or as may be requested by any other person, if in the judgment of the commissioner such amendment would further the purposes and policies of the act and more aptly facilitate the management objectives thereof. Notice of the hearing will be provided in the same manner as when boundaries are established originally.

(i) Upon request by any landowner, tenant, mortgagee, contract vendee or optionee or other person having a legal interest in a given property, the department will determine the terminal points of the river area or classified sections thereof and the bank at relevant points along the river area.