Provides for riparian/littoral property lines to be shown on subdivision maps that are contiguous to navigable water bodies of the state

2 Co-sponsors

• Thomas P. Morahan
• James L. Seward

Title of bill

An act to amend the real property law, in relation to the filing of subdivision maps

Purpose

The proposed legislation will amend subdivision 5 of §334 of the Real Property Law relating to the depiction of riparian/littoral property lines on subdivision maps and will add a requirement that subdivision maps filed pursuant to the provisions of §334-a and §335 of the Real Property Law, depicting lots, plots, blocks or sites contiguous to navigable waters of the State, show the location of the riparian/littoral boundary line(s) of said lots, plots, blocks or sites.

Summary of provisions

The proposed legislation will amend subdivision 5 of §334 of the Real Property Law, as added by Chapter 687 of the Laws of 2004, by making technical amendments to assure (1) that the amendment is construed to apply to all navigable waters of the State and (2) adds the word "riparian" to littoral to extend the application of the statute to both tidal and fresh waters, and (3) deletes the word "area" and adds "line or lines" to the last sentence.

Furthermore, the amendment will add a new subdivision 4-a to §334-a of the Real Property Law, extending the application of the aforementioned 2004 change in the law to Nassau County and a new subdivision I-a to §355 of the Real Property Law, likewise, extending the application of the aforementioned 2004 change in the law to Suffolk County.

Existing law

Subdivision 5 of §334 of the Real Property Law now provides that lands shown on a subdivision map contiguous to navigable waters of the State and having frontage on such waters, also show the extension of the riparian/littoral property line or lines of such lots, plots, blocks, sites or units from the intersection of said line or lines with the high water mark into said navigable waters of the State.

Section 334-a of the Real Property Law sets forth the particular requirements for filing a subdivision map in Nassau County including the exceptions thereto.

Section 335 of the Real Property Law sets forth the particular requirements for filing a subdivision map in Suffolk County.

Prior legislative history

2005-06: A.8113-A: Passed Assembly 2007-08: S.5592A Rules Committee/A.461A Passed Assembly

Statement in support

Following the passage of Chapter 687 of the Laws of 2004 and upon the recommendation of the Legislative Committee of the New York Association of Professional Land Surveyors, the bill proposes to amend subdivision 2 of Section 334 of the Real Property Law to add the proposed language to §334-a and §335 of the Real Property Law to extend the application of the statute to Nassau County and Suffolk County respectively.

The proposal is intended to assist property owners and those subdividing properties in determining riparian/littoral boundaries and should have statewide application.

Fiscal implications

None.

Effective date

This act shall take effect immediately.