WATER: DID NEW YORK"™S
NAVIGATION LAW PREEMPT THE
POWER OF LOCAL MUNICIPALITIES
OVER THE PLACEMENT OF
STRUCTURES IN NAVIGABLE WATERS?
Arkansas Environmental, Energy, and Water Law Blog
09/05/2013Author: Walter G. Wright The Appellate Division of the Supreme Court of New York was asked
to determine whether the Navigation Law preempted laws set by local municipalities for activities on
navigable waters that are not owned by the State in its sovereign capacity in Town of North Elba v.
Grimditch, 948 N.Y.S.2d 137. 98 A.D.3d 183 (N.Y. App. Div. 2012). William H. Grimditch ("Grimditch")
began construction of a boathouse in the waters of Lake Placid adjacent to his lakefront property without
applying to the Town of North Elba ("Town") for a building permit. The town issued a stop work order
and moved for a preliminary injunction to prevent further construction. The town also discovered that
Grimditch's children, defendants Wayne H. Grimditch and Carol Lynn Grimditch Roda (the "children")
had also began constructing a boathouse without a permit on their nearby parcel of lakefront property.
The Supreme Court allowed the construction, but held that the parties could not proceed with
construction until they applied for building permits pursuant to the State Uniform Fire Prevention and
Building Code ("SBC"). The Town then sought a permanent injunction on the ground that the boathouses
were in violation of the Village of Lake Placid/Town of North Elba Land Use Code ("LUC"). The Supreme
Court vacated the preliminary injunction and the defendants completed construction and cross-moved for
summary judgment. While this motion was pending, John McMillin III, Ellen McMillin, Richard Moccia, and
Leslie Moccia (the "neighbors") moved to intervene in that action on the ground that they would be
harmed by the allegedly illegal boathouse being constructed. The Supreme Court denied the neighbors'
motion to intervene, but after a joinder of issue, the neighbors moved for a preliminary injunction and the
children cross-moved for dismissal of the action against them. The Supreme Court granted summary
judgment to the defendants and dismissed both cases. The court held that Lake Placid meets the
definition of "navigable waters of the state" and that the LUC, local ordinances, do not apply. In addition,
the court ruled that the defendants' boathouses complied with SBC and ordered the Town to issue them
building permits. The Appellate Division of the Supreme Court reversed the lower court's decision
because it did not agree that the Navigation Law preempts the power of local municipalities to administer
and enforce local land use laws by conferring upon the State exclusive jurisdiction over the structures in
the navigable waters of the state. The general rule is that only when the State owns title to the land under
the water in its sovereign capacity does it have exclusive jurisdiction preempting local land use laws. The
title to Lake Placid, when applied to common-law principles governing ownership of inland lakes and
rivers, is held by the riparian owners. Furthermore, while the Navigation Law does apply to Lake Placid, it
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only applies to navigation and does not infringe upon the application of the LUC to structures built upon
the waters. The Navigation Law was enacted to provide for an administrative remedy under the auspices
of the Commissioner of General Services if a structure placed in navigable waters of the state should
interfere with "free and direct access" to the water from any other person's property, wharf, dock, or
similar structure. Based on the foregoing, the Supreme Court erred in declaring that the defendants'
boathouses were not subject to the LUC and the motions for summary judgment were dismissed.
Additionally, the court held that in cases where the Supreme Court ruled that the Navigation Law
preempted local laws when applied to navigable waters that are not owned by the State in its sovereign
capacity should no longer be followed. A copy of the decision can be downloaded below.
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