A recent decision by the Appellate Division, Third Department, overturns prior decisions and affords local governments the general right to regulate structures built in navigable waters.
Almost a decade ago, the Appellate Division, Third Department, held that the state’s Navigation Law provided New York State with exclusive jurisdiction over structures located in navigable waters.1 Now, however, in a dispute over boathouses constructed in Lake Placid, the Third Department has rejected that rule and has concluded that the navigation law does not generally preempt the power of local municipalities to administer and enforce local land use laws. Instead, preemption is limited only to particular waters where the state, in its sovereign capacity, holds title to the land under those waters.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
