NY Env Conserv L § 15-0505 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 5 - Protection of Water 15-0505 - Protection of Navigable Waters; Excavation or Fill; Permit.

§ 15-0505. Protection of navigable waters; excavation or fill; permit.   1.  No  person, local public corporation or interstate authority shall excavate or place fill below the mean high water level  in  any  of  the navigable  waters  of the state, or in marshes, estuaries, tidal marshes and wetlands that are adjacent to and contiguous at any point to any  of the  navigable  waters  of the state and that are inundated at mean high water level or tide, without a permit issued pursuant to  subdivision  3 of  this  section. For the purposes of this section, fill shall include, but shall not be limited to, earth, clay,  silt,  sand,  gravel,  stone, rock,  shale,  concrete  (whole  or  fragmentary), ashes, cinders, slag, metal, or  any  other  similar  material  whether  or  not  enclosed  or contained by (1) crib work of wood, timber, logs, concrete or metal, (2) bulkheads and cofferdams of timber sheeting, bracing and piling or steel sheet  piling  or  steel H piling, separated or in combination.  Nothing contained in this section is intended to be, nor shall be  construed  to limit,  impair or affect the memorandum of understanding which any state department enters into with the Department of Environmental Conservation or the general powers and duties of  the  Department  of  Transportation relating to canals or the general powers and duties of the Department of Environmental Conservation relating to flood control.   2.   A   permit  application  or  request  for  a  permit  renewal  or modification shall be made on forms provided by the department and shall consist of a description of the character and  extent  of  the  proposed project  or  work,  drawings,  plans  and  specifications  providing the location  and  details  of  the  proposed  project  or  work,  and  such additional information as the department may require.   3. Before granting a permit, a permit renewal or a permit modification pursuant  to  this  section  the department shall ascertain the probable effect on the use of such waters for navigation, the health, safety  and welfare  of  the  people  of  the  state  and  the effect on the natural resources of the state, including soil, forests, water, fish and aquatic resources therein, likely to result from the proposed project or work.   * 3-a. The department may only grant a permit for the  filing  of  the Jamaica Bay borrow pits if the proposed sediments and fill materials:  (1)  have  been tested and the test results are in accordance with the requirements  set  forth  in  the  department's  technical   operational guidance series 5.1.9 for the in water management of sediment and dredge material; and  (2) meet the department's class a criteria.   * NB Repealed June 30, 2022   4.  The  department shall review the permit application or request for renewal or modification of an existing permit and may grant or deny  the permit  or request, or may grant the permit with such conditions as will safeguard life or property against danger or  destruction  and  as  will make the navigable waters safe for use by the public.   5.  The  rules  and regulations adopted by the department to implement this section and the provisions of article 70 of this chapter and  rules and regulations adopted thereunder shall govern the processing of permit applications, renewals, modifications, suspensions and revocations under this section.   6.  The provisions of subdivisions 1, 2, 3 and 4 of this section shall not apply to emergency work in waters described in subdivision 1 of this section which is immediately necessary to protect the health, safety and well-being of any person or persons or to prevent damage to personal  or real   property,   provided   that   the  department  is  given  written notification by registered mail or telegraph  within  forty-eight  hours after  the  commencement  of  the  work  and  within  forty-eight  hours following the completion of the work. Whenever such  emergency  work  is  performed  as  provided  in this subdivision, it shall be performed in a manner that will cause the least change,  modification,  disturbance  or damage to the environment.   7.  The  requirements  of  this  section shall be in addition to those specified in section 15-0501 of this title, provided however,  that  the department   may,   by  rule  and  regulation,  provide  that  only  one application for a permit or request for renewal or  modification  of  an existing permit need be filed when the proposed project or work requires a  department  permit  under  this  section  and section 15-0501 of this title.