NY Env Conserv L § 15-0503 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 5 - Protection of Water 15-0503 - Protection of Water Bodies; Permit.

§ 15-0503. Protection of water bodies; permit.1. Except as provided in subdivision 3 of this sectiona.  No dam shall be erected, constructed, reconstructed or repaired by   any person or local public corporation without a permit issued  pursuant   to  subdivision  2 of this section. As used in this section, and section   15-0511 of this title, "dam" means any artificial barrier including  any   earthen  barrier, together with its appurtenant works, which impounds or   will impound waters, provided it has (1) a height equal  to  or  greater   than  fifteen  feet  or  (2)  a maximum impoundment capacity equal to or   greater than three million gallons; except that  for  purposes  of  this   section  a  dam  shall  not include any structure which has (i) a height   equal to or less than six feet regardless of the structure's impoundment   capacity, or (ii) an impoundment  capacity  not  exceeding  one  million   gallons regardless of the structure's height.b. Except where a lease or other appropriate conveyance of an interest   authorizing  the  use  and occupancy of state-owned lands underwater has   been obtained from the commissioner  of  general  services  pursuant  to   subdivision  seven  of  section seventy-five of the public lands law, no   dock, wharf, platform, breakwater, mooring, or other structure in, on or   above waters shall be erected, placed,  constructed,  reconstructed,  or   expanded  after  the  effective  date of this paragraph by any person or   local public corporation without a permit issued pursuant to subdivision   2 of this section. The term  "reconstructed"  as  used  in  relation  to   docks,  wharves,  platforms,  breakwaters,  mooring  or other structures   pursuant to this paragraph shall  mean  the  substantial  rebuilding  of   structures  or facilities and shall not apply to ordinary maintenance or   repair  of  existing  functional  structures  or  facilities,  such   as   repainting, redriving pilings or replacing broken boards in docks.c.  A  city,  town, village or county may submit to the commissioner a   local law or ordinance regulating docks or other structures as described   in paragraph b of this subdivision. The commissioner shall  review  such   law   or  ordinance  to  determine  whether  it  provides  environmental   protection comparable to,  or  greater  than,  the  provisions  of  such   paragraph   and   any   regulations   promulgated   thereunder.  If  the   commissioner determines that the local law or ordinance submitted  meets   such  requirements,  the  commissioner may delegate, upon such terms and   conditions as he or she deems appropriate, to the local  government  the   authority  to  administer  the  permit  program  and to charge a fee for   permit processing. Any delegation may be revoked by the commissioner  if   he  or  she  finds that the local government has failed to carry out the   program in accordance with the terms of the delegation.2. Permits. a. Before granting a permit, a permit renewal or a  permit   modification  pursuant  to  this section, the department shall ascertain   the probable effect on the health, safety and welfare of the  people  of   the  state,  and the effect on the natural resources of the state likely   to result from the proposed project or work.b. The department shall review the permit application or  request  for   renewal or modification of an existing permit and may approve the manner   and  extent  to  which  the  waters  of the state or the banks and shore   thereof will be affected by the proposed project or work and  may  grant   or  deny  the permit or request, or may grant the permit or request with   such conditions as might appear necessary to  safeguard  life,  property   and  natural  resources  during  and after the execution of the proposed   project or work.c. The rules and regulations adopted by the commissioner to  implement   this  section and the provisions of article 70 of this chapter and rules   and regulations adopted thereunder  shall  govern  permit  applications,   renewals, modifications, suspensions and revocations under this section. d.  The  requirements  of  this  section shall be in addition to those   specified in sections  15-0501  and  15-0505  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 any other section of   this title.3. The requirement of a permit pursuant  to  this  section  shall  not   apply to the following facilities:a.  A  dock,  pier,  wharf or other structure used solely as a landing   place  on  water  providing  dockage  for  five  or  fewer   boats   and   encompassing  within its outer perimeter an area less than four thousand   square feet;b. A mooring facility providing mooring for fewer than ten boats;c. Seasonal replacement or reinstallation of structures referenced and   listed in paragraph b of subdivision 1 of this section  installed  prior   to the effective date of this paragraph.4.  The design, preparation of plans, estimates and specifications and   the supervision of the erection, construction, reconstruction and repair   of all the structures hereinbefore  referred  to  shall  be  done  by  a   licensed professional engineer, or in the case of farm ponds for which a   permit  is  required,  by  an  engineer or conservationist employed by a   governmental agency cooperating with a soil conservation district, or by   an engineer employed by the department.5. Notwithstanding the provisions of this or any other chapter or  law   to  the  contrary,  no  reservoirs  for  any  purpose shall hereafter be   constructed on the Upper Hudson River in  the  Adirondack  park  between   Luzerne  and  the  river's  source;  the  Boreas river from its mouth to   Durgin Brook; the Indian river from its mouth to Abanakee Dam;  and  the   Cedar  river  from its mouth to Cedar River Flow, by the state or by any   river regulating board.