N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 270-7.3
The Commissioner of General Services shall not require the person or entity who was the upland owner on June 17, 1992 adjacent to filled State-owned lands underwater or formerly underwater, to make application for a lease, easement, permit or other interest pursuant to section 75 of the Public Lands Law. The exemption provided in this section does not in any way impair or diminish the title of the State of New York to the lands previously filled. Upland owners may apply for a grant of such lesser interest as may be required to allow conveyance of a marketable title of the adjacent upland or to resolve outstanding title questions. Fill placed in State-owned lands underwater after June 17, 1992 will require a grant, easement, lease, permit or lesser interest pursuant to section 75 of the Public Lands Law may be considered a trespass pursuant to section 8 of the Public Lands Law. The Commissioner of General Services may require upland owners not otherwise exempt to apply for conveyance of the interest of the State in such filled land upon application to the Office of General Services for a grant, lease, easement, permit or lesser interest of any parcel of State-owned land adjoining said filled area. The area of the fill on State-owned lands shall be established by a licensed surveyor.
N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 270-7.3