N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 270-9.1
Pursuant to the provisions of section 3, subdivision 4 and section 75 (7a) of the Public Lands Law, upon the application of any State department or a division, bureau or agency thereof, or upon the application of any State agency, the commissioner may transfer to such State department State-owned lands underwater to such agency for the purpose of protecting environmentally sensitive lands underwater. The transfer of jurisdiction may be made even if the State agency is not the proprietor of the adjacent upland but shall be subject to the provisions of section 75 (9) of the Public Lands Law. The agency requesting the transfer of jurisdiction shall submit a findings with its transfer application explaining the reasons why the subject lands require protection, describing the environmental sensitivity of the lands.
N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 270-9.1