reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-6 - Permit Hearing Procedures › Section 645-6.9 - Stipulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At any time
					 after publication of a notice of hearing, the hearing officer may request that
					 the parties attempt to stipulate to an agreement that will resolve specified
					 issues and result in withdrawal of objections, limiting the scope of the
					 subject matter, or in the discontinuance of the hearing.
(b) Such stipulations shall be incorporated
					 into the record of the hearing or agreed to in writing by the involved parties
					 and filed with the hearing officer.
(c) Such stipulations do not alter the
					 responsibility of the commission to make a determination on the application
					 consistent with all applicable laws and regulations.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-6 - Permit Hearing Procedures › Section 645-6.10 - Record of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 proceedings at a hearing shall be stenographically reported.
(b) The hearing officer may arrange for a
					 certified reporter to produce a stenographic transcript of the hearing, or may
					 permit the applicant to make such arrangements. When a stenographic transcript
					 is made, an original and two copies of the transcript shall be delivered to the
					 hearing officer at the expense of the applicant.
(c) The transcript of testimony introduced at
					 the hearing shall be delivered to the hearing officer as soon as
					 practicable.
(d) The hearing
					 officer shall file with the commission a report (including a FEIS where
					 required) and a complete record of the hearing which shall include:
(1) the application (including DEIS where
					 applicable) and all notices (including the notice of hearing) and
					 motions;
(2) any affidavit of
					 publication of the notice of hearing;
(3) the transcript of the testimony taken at
					 the hearing and the exhibits entered into evidence;
(4) any letters, statements, petitions or
					 comments;
(5) any admissions,
					 agreements or stipulations;
(6) a
					 statement of matters officially noticed;
(7) offers of proof, objections thereto and
					 rulings thereon; and
(8) proposed
					 findings of fact, conclusions of law and exceptions, if any.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-6 - Permit Hearing Procedures › Section 645-6.11 - Evidence and burden of proof

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 All evidence submitted must be relevant. However, other legal rules of evidence
					 observed in a court of law need not be strictly applied. Hearsay evidence may
					 be admitted if a reasonable degree of reliability is shown.
(b) Although relevant, evidence may be
					 excluded if its value as proof is substantially outweighed by the potential for
					 unfair prejudice, confusion of the issues, undue delay, waste of time or
					 needless presentation of repetitious or duplicative evidence.
(c) Where a part of a document is offered as
					 evidence by one party, any party may offer the entire document as
					 evidence.
(d) Whenever possible, an
					 object which is the subject of testimony shall be exhibited at the hearing. It
					 shall be properly identified as relevant, and it must be shown that it has not
					 changed substantially due to the passage of time or any other reason.
(e) Each witness shall be sworn or make
					 affirmation before testifying. Opening, closing and other unsworn statements
					 are not evidence but shall be considered as arguments bearing on
					 evidence.
(f) The applicant shall
					 have the burden of demonstrating by a preponderance of the relevant evidence
					 that the proposed activity will be in compliance with all applicable
					 laws.
(g) The burden of proof to
					 sustain a motion shall be on the party making the motion.
(h) All decisions, determinations or orders
					 shall be made upon consideration of the entire record and as supported by
					 substantial evidence.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-6 - Permit Hearing Procedures › Section 645-6.12 - Official notice

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 hearing officer or the commission may take official notice of a fact not
					 subject to reasonable dispute if it is either generally known or can be
					 accurately and readily verified in generally accepted references prior to or
					 following the close of the hearing record.
(b) If the hearing officer or the commission
					 intends to take official notice of a material fact not appearing in the hearing
					 record and of which judicial notice could not be taken, every party shall be
					 given notice and an opportunity to dispute the fact and its
					 materiality.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-6 - Permit Hearing Procedures › Section 645-6.13 - Communication with the hearing officer or the commission in absence of other parties (ex parte rule)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At
					 all times following the determination to conduct a public hearing, no party
					 shall, directly or through a representative, communicate with the hearing
					 officer, the commission, or any member of the commission in connection with any
					 issue without providing notice and an opportunity for all parties to
					 participate.
(b) At all times
					 following the determination to conduct a public hearing, the hearing officer,
					 the commission, or any member of the commission shall not, directly or through
					 a representative, communicate with any party in connection with any issue
					 without providing notice and an opportunity for all parties to participate;
					 provided, however, that any party may ask for a clarification of procedures
					 from the commission, and the hearing officer, the commission, or any member of
					 the commission may request aid and advice from any member or employee of the
					 commission other than the staff acting as a party to the case.
(c) Nothing herein shall preclude counsel to
					 the commission from giving legal advice to the commission, regardless of
					 whether the counsel to the commission is involved in the presentation by the
					 staff of a case which involves a commission decision.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-6 - Permit Hearing Procedures › Section 645-6.14 - Payment of hearing costs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Within 30 days of the last day of the hearing, the applicant shall pay for the
					 cost of:
(1) physical accommodations, if not
					 held in commission facilities;
(2)
					 publishing any required notices; and
(3) any necessary stenographic
					 transcriptions.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-6 - Permit Hearing Procedures › Section 645-6.15 - Final decision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 final decision of the commission may include a ruling upon any matter brought
					 before or decided by the hearing officer, except for those matters for which an
					 interim appeal is provided under sections
					 645-6.4(f)
					 and
					 645-6.6(d) 
					 of this Subpart. The commission's decision shall be made after the official
					 closing of the hearing record and shall be mailed to the applicant and the
					 applicant's attorney of record (if any) by certified mail and to all other
					 parties by ordinary mail.
(b) The
					 commission's decision shall be made upon consideration of the report and the
					 complete record, supported by substantial evidence, and shall be in writing
					 stating the reasons for the action taken. Where applicable, the commission
					 shall take into account any FEIS prepared for the proposed project, and shall
					 include a statement of findings pursuant to SEQR.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-6 - Permit Hearing Procedures › Section 645-6.16 - Joint hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 project may require submission of applications for more than one permit, or to
					 more than one government agency, and public hearings may be required for more
					 than one purpose. Whenever practicable, they shall be consolidated into a
					 single public hearing.
(b) If the
					 commission is the lead agency for purposes of SEQR, the permit hearing may be
					 consolidated with any hearing on the DEIS.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-6 - Permit Hearing Procedures › Section 645-6.17 - Special provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 time period specified in this Subpart may be extended for good cause by written
					 mutual consent of the applicant and the commission.
(b) At any time prior to issuing the final
					 decision on the application, the hearing officer or the commission may direct
					 that the hearing record be reopened. This may be done to secure additional
					 information or date, or to consider significant new evidence or major permit
					 application alterations.
(c) Tape
					 recording or televising of a hearing for rebroadcast is prohibited by section 52  of the Civil Rights Law.
(d) Unless otherwise specified in this
					 section, all notice and papers connected with a hearing may be served by
					 ordinary mail.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-7 - Regulatory Fees › Section 645-7.1 - Purpose and intent

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to collect regulatory fees,
						in accordance with the requirements of ECL, section 43-0125, to fund the costs
						of regulation, management and conservation activities which assure the
						protection and continued beneficial use of the resources of the
						park.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-7 - Regulatory Fees › Section 645-7.2 - Persons Required to Pay

Current through Register Vol. 46, No. 28, July 10, 2024
Regulatory fees must be paid by each person not
						specifically exempted herein who:
(a)
					 owns or constructs a dock, mooring or wharf within the Park, exclusive of Trout
					 Lake; and
(b) uses on the waters of
					 Lake George any mechanically propelled boat or vessel with a motor of ten
					 horsepower or more.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-7 - Regulatory Fees › Section 645-7.3 - When regulatory fees must be paid

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as hereinafter expressly provided,
					 regulatory fees required pursuant to this Part shall be due and payable April
					 1st of each calendar year and shall be deemed timely paid if paid on or before
					 that date.
(b) For the calendar
					 year 1988, the commission may, by order, extend the date when the regulatory
					 fees are due and payable.
(c)
					 Regulatory fees shall be paid to the Lake George Park Commission at the
					 following address or at such place as the commission may designate:
P. O. Box 749
Fort George Road
Lake George, NY 12845
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-7 - Regulatory Fees › Section 645-7.4 - Penalty for nonpayment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 person failing to pay to the commission an annual regulatory fee, or any
					 installment thereof, within 30 days of the date from which such fee is due and
					 payable, must pay a penalty.
(b)
					 The penalty assessed under this section shall be two percent of the deficiency
					 per month or any part of a month.
(c) The penalty required pursuant to this
					 section shall not be imposed during the period in which a regulatory fee is
					 being disputed pursuant to the procedures provided in this Part, provided that
					 the entire undisputed portion of the regulatory fee is paid in full within 30
					 days after the regulatory fee becomes due and payable. If a person disputing a
					 regulatory fee fails to pay the undisputed portion of the fee, then a penalty
					 shall be assessed for the entire amount of the fee which is determined to be
					 due and payable.
(d) In the event
					 that a person pays the undisputed portion of a penalty pending a request for
					 reconsideration of the fee, no penalty shall be assessed on the disputed amount
					 until 30 days after the request for redetermination is finally determined by
					 the commission. For the purpose of this section, the matter shall be deemed
					 finally determined when the procedures provided for in section 645- 7.5 of this
					 Subpart have been exhausted.
(e)
					 The penalty assessed pursuant to this section is final and irrevocable unless:
(1) the person against whom the penalty was
					 assessed mails by certified mail or hand delivers to the commission within 30
					 days of the date of the assessment a written request for reconsideration of the
					 penalty; or
(2) the commission
					 independently redetermines the penalty.
Any such request must set forth the basis for the failure
						to pay the fee. The commission shall have the authority to rescind or reduce a
						penalty upon a finding that the failure to pay the fee was based upon
						reasonable cause, and was not willful, due to neglect or other reasonable
						cause.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-7 - Regulatory Fees › Section 645-7.5 - Procedures to challenge a regulatory fee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person having a question about the
					 basis for an annual regulatory fee or how it was calculated, may contact the
					 commission staff to request an explanation. The commission staff shall promptly
					 explain the computation of the regulatory fee.
(b) Any person wishing to challenge the
					 amount of a regulatory fee must make a request for redetermination on such
					 forms as the commission may prescribe. Such a request shall be mailed by
					 certified mail or hand delivered to the commission within 30 days of the date
					 when any such fee became due and payable. The failure to make such a request
					 within 30 days from the date when the fee became due and payable shall bar
					 further consideration of that fee unless changed circumstances require
					 reconsideration of that fee in a subsequent fee year. The failure of the
					 commission staff to explain the basis for the fee in accordance with paragraph
					 (a) of this section shall not be grounds for the extension of the 30-day period
					 provided herein.
(c) Any request
					 for reconsideration must, at a minimum, be accompanied by an explanation of why
					 a reduction in the amount of the regulatory fee imposed is appropriate, a
					 statement of what the revised regulatory fee should be, and appropriate
					 documentary evidence to support the claim. Any evidence submitted relative to
					 the size or configuration of a dock or wharf shall be verified by either the
					 owner or the owner's agent, or shall be based upon a survey prepared by a
					 licensed land surveyor.
(d) The
					 commission shall not consider any request for redetermination if a person fails
					 to:
(1) make the request within the 30-day
					 time period provided herein; and
(2) make payment in full of the undisputed
					 amount of the regulatory fee.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-7 - Regulatory Fees › Section 645-7.7 - Boat Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
					 person shall use a vessel subject to a fee pursuant to this Section on the
					 waters of Lake George without registering the vessel with the commission and
					 paying the fee imposed by this Section. The registration and fees required by
					 this Section shall be in addition to the registration fees otherwise provided
					 by law.
(b) Any mechanically
					 propelled boat or vessel with a motor of ten horsepower or more used on Lake
					 George shall be registered with the commission and the owner or operator shall
					 pay an annual registration fee as follows:
(1) for boats less than twenty-one feet in
					 length $40.00;
(2) for boats
					 twenty-one to twenty-five feet in length - $50.00;
(3) for boats over twenty-five feet in length
					 - $50.00 plus $7.50 for each foot or part thereof by which the length exceeds
					 twenty-five feet; and
(4) for boats
					 over twenty-five feet in length which are outfitted for overnight use - $50.00
					 plus $30.00 for each foot or part thereof by which the overall length exceeds
					 twenty-five feet.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-7 - Regulatory Fees › Section 645-7.8 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
The State or any agency of the State, and any
						municipality acting in a governmental capacity, shall be exempt from the fee
						requirements of this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-8 - Variance Procedures › Section 645-8.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart shall apply to all applications to the
						commission for a variance from any substantive requirement imposed by Part 646
						of this Title. In no event shall a variance be granted where the granting of
						the variance will relieve an applicant from a standard or duty imposed upon the
						applicant by statute, or which will substantially vary the purpose and intent
						of any substantive regulation adopted by the commission.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-8 - Variance Procedures › Section 645-8.2 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
					 seeking a variance from the commission shall submit an application for a
					 variance to the commission on such form as the commission may prescribe. The
					 application for a variance shall be processed as a permit application in
					 accordance with the procedures specified in Subpart 645-5 of this
					 Part.
(b) At a minimum, any
					 application for a variance must:
(1) identify
					 the specific provisions of the regulations of the commission from which a
					 variance is sought;
(2) demonstrate
					 that compliance with the identified provisions would, on the basis of
					 conditions unique and peculiar to the applicant's particular situation, impose
					 a substantial technological, financial or safety burden upon the applicant or
					 the public; and
(3) demonstrate
					 that the proposed activity will have no adverse impact on the public health,
					 safety or welfare, the environment or the natural resources of the
					 park.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-8 - Variance Procedures › Section 645-8.3 - Standard

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No variance
					 shall be granted under this Subpart unless the applicant shall establish by
					 substantial, credible evidence unnecessary hardship.
(b) In order to establish unnecessary
					 hardship, an applicant must demonstrate:
(1)
					 unique and peculiar conditions to the applicant's particular situation which
					 impose a substantial technological, financial or safety burden upon the
					 applicant or the public;
(2) that
					 because of such uniqueness, there is no reasonable possibility that the
					 applicant's property or, if no property is involved, the continuation of the
					 applicant's business, enterprise, use or activity will bring a reasonable
					 return following conformity with the regulations of the commission;
(3) that the proposed activity will have no
					 adverse impact on the public health, safety or welfare, the environment or the
					 resources of the park; and
(4) that
					 the granting of a variance will not alter the essential character of the area
					 in which the proposed use or activity is located, and will not lead to
					 congestion in the park.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-8 - Variance Procedures › Section 645-8.4 - Conditions

Current through Register Vol. 46, No. 28, July 10, 2024
In granting any variance, the commission may impose
						specific conditions upon the proposed use or activity necessary to assure that
						the use or activity will have no adverse impacts upon the public health, safety
						or welfare, the environment or the resources of the park. Such conditions may
						be imposed without regard to whether the commission could otherwise impose such
						conditions pursuant to the substantive authority of the commission under ECL,
						articles 43 and 71, title 33, or the rules or regulations promulgated by the
						commission thereunder.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-1 - Docks, Wharfs, Moorings and Marinas › Section 646-1.1 - Docks, wharfs and moorings

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 General prohibitions.
(1) No person shall
					 construct, erect, place, alter, modify, enlarge, or expand any dock, wharf or
					 mooring on waters of Lake George without having first obtained a permit from
					 the commission; and
(2) No person
					 shall use or maintain a dock, wharf or mooring on waters of Lake George unless
					 the dock, wharf or mooring is registered with the commission, and the fees
					 required pursuant to Subpart 645-7 are paid in full when due.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-1 - Docks, Wharfs, Moorings and Marinas › Section 646-1.2 - Class a marinas

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the requirements of other sections of this
						Subpart, all Class A marinas servicing the waters of Lake George shall comply
						with the following:
(a) General
					 requirements.
(1) No person shall construct,
					 expand, or operate a Class A marina servicing the waters of Lake George, or
					 alter or expand the number or type of services or recreational activities
					 offered without obtaining a permit from the commission, or if a permit has been
					 issued for the subject facility, a modification to the permit for that facility
					 which authorizes the new or expanded services or recreational uses. Permits
					 shall be issued for a maximum of five years.
(2) No permit shall be issued for the
					 construction, operation or expansion of a quick launch facility which was not
					 in existence and operating, or for which no permit was issued, prior to the
					 effective date of these regulations.
(3) Permits issued pursuant to section
					 646-1.2(a)(1)  of this Title may be issued only to the owner of the facility or
					 in the alternative to a lessee of the facility and shall authorize activities
					 and uses at that facility. A permit may not be relocated to other facilities
					 unless a permit for the different facility has been issued by the commission.
					 Marina permits will be modified to reflect a sale or transfer of the facility
					 to another owner subject to a determination by the commission that the facility
					 is in accordance with the requirements of this Subpart and permits issued in
					 accordance with this Subpart. Lakefront marina facilities at separate locations
					 under common ownership shall require separate permits pursuant to section
					 646-1.2(a)(1)  of this Title.
(4)
					 Special Permits. A special permit is a permit granted, by the Commission to
					 operate any new recreational activity as defined in section
					 646-2.3(a)(1) 
					 of this Title or the recreational activities or uses contained in section
					 646-1.4 
					 of this Subpart. Special permits are not transferrable to another location and
					 shall not be leased or transferred to another location, facility or
					 operator.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-1 - Docks, Wharfs, Moorings and Marinas › Section 646-1.3 - Class b marinas

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the requirements of other sections of this
						Subpart, Class B marinas located on the waters of Lake George shall comply with
						the following:
(a) General
					 requirements. The owner of any dock, wharf or mooring used as a Class B marina
					 shall register the same with the commission on such forms as the commission may
					 prescribe.
(b) Specific
					 requirements. No Class B marina shall be operated without providing the
					 following:
(1) a restroom, including a toilet,
					 for use by customers, which shall be available at all times from May 1st to
					 October 31st of each year;
(2) one
					 on-site parking space or suitable off-site parking for each vessel
					 berthed;
(3) adequate garbage and
					 debris disposal facilities, which must be properly maintained; and
(4) adequate facilities, or proven access to
					 such facilities, for the disposal of sanitary waste from vessels and waste from
					 portable marine toilets in accordance with the requirements of section
					 646-1.2(b)(7) 
					 of this Subpart, or vessels with such facilities shall be prohibited at the
					 facility. Written proof of access to disposal facilities for the period of
					 annual registration shall be required. Off-site facilities must be located
					 within a reasonable distance from the site of the Class B marina.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-1 - Docks, Wharfs, Moorings and Marinas › Section 646-1.4 - Special permits for recreational uses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) New recreational activities. No person
					 shall operate or engage in any new recreational activity as defined in section
					 646-2.3(a)(1) 
					 of this Title or recreational use without first obtaining a special permit from
					 the commission pursuant to this Subpart.
(b) Seaplanes.
(1) No person, except for a gratutitous
					 guest, shall berth a seaplane or use any dock, wharf, mooring or ramp, or any
					 other facility for the berthing of a seaplane without having first obtained a
					 special permit from the commission. When issued, a special permit shall be
					 issued to the person owning the seaplane. Special permits issued pursuant to
					 this section are not transferrable. Discontinuation of the authorized use for a
					 period of one year of more shall result in expiration of the special
					 permit.
(2) A special permit
					 pursuant to this section shall be granted upon timely application and payment
					 of any application fees, to any person owning a dock, wharf or berthing
					 facility, mooring or ramp which has been in continual use for the berthing of a
					 seaplane prior to the effective date of these regulations except that such
					 permit shall be conditioned on, and each such seaplane owner shall conform
					 with, the provisions of paragraph (1) of this subdivision.
(3) The following provisions shall apply to
					 the operation of seaplanes:
(i) Commercial
					 use of a seaplane to or from the waters of Lake George is prohibited as
					 provided in section 248  of the General Business Law of the State
					 of New York.
(ii) Seaplanes shall
					 be operated in such a manner so as not to cause unnecessary audible impacts to
					 adjacent property owners.
(iii) All
					 facilities used for seaplanes including any dock, wharf or mooring or other
					 berthing facility shall conform with the provisions of this Subpart.
(iv) Seaplanes shall be berthed in accordance
					 with the provisions of this Subpart.
(v) Issuance of a special permit pursuant to
					 this section shall be subject to the requirements set forth in sections
					 646-1.2 and
					 646-1.5 
					 of this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-1 - Docks, Wharfs, Moorings and Marinas › Section 646-1.5 - General provisions applicable to special permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to the issuance of any special
					 permit pursuant to the provisions of this Subpart, the commission may require
					 submission of information necessary to determine whether the proposed activity
					 will result in overcrowding, congestion, safety hazards or impair the water
					 quality or other environmental resources of the Park. This may include, but not
					 be limited to, specifications on the craft, its power, maneuverability, craft
					 speed, equipment, noise output, lighting, wake, proposed operation including
					 points of departure and landing, course, speed of operation and hours of
					 operation.
(b) The commission may
					 require the submission of alternative design, equipment or methods of operation
					 to mitigate specific impacts identified by the commission.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-1 - Docks, Wharfs, Moorings and Marinas › Section 646-1.7 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
The permit application requirements of this Subpart shall
						not be applicable to the State, including agencies of the State, or any
						municipality acting in a governmental capacity.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-2 - Special Navigational Rules › Section 646-2.1 - General purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to regulate recreational
						activities in or on the waters of Lake George in order to protect the public
						health, safety and welfare, to provide reasonable public access to Lake George
						without overcrowding, congestion or safety hazards, to reduce noise and to
						protect the resources of the park.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-2 - Special Navigational Rules › Section 646-2.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart establishes rules and guidelines for
						specific recreational activities, craft, vessels and devices and for all new
						recreational activities for both commercial and private use. Additional
						regulations for commercial recreational activities (all activities conducted or
						offered for the purpose of realizing a profit) are found in Subpart 646-1 of
						this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-2 - Special Navigational Rules › Section 646-2.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
					 terms shall have the stated meanings whenever used in this Subpart and Subpart
					 646-1 of this Title or in documents referenced or prepared by the commission.
					 Other terms defined in section
					 645-2.1  of
					 this Title shall have the meanings set forth in that section.
(1) New recreational activity or use means a
					 recreational activity not introduced on the waters of Lake George as of January
					 1, 1991.
(2) Parasailing means the
					 use of equipment including a parasail and/or chute or similar device, harness,
					 vest, tow craft, take-off and landing craft or similar craft for the purposes
					 of engaging in air-sailing over the waters of Lake George.
(3) Personal watercraft (PWC) means a vessel
					 which uses an inboard motor powering a water jet pump as its primary source of
					 motive power and which is designed to be operated by a person sitting,
					 standing, or kneeling on, or being towed behind the vessel rather than in the
					 conventional manner of sitting or standing inside the vessel.
(4) Scuba diving means swimming totally
					 submerged with the assistance of a self-contained underwater breathing
					 apparatus and air supply.
(5)
					 Seaplane means any aircraft capable of using a water surface for take-off or
					 landing.
(6) Take-off and landing
					 craft shall mean any boat, barge, raft or vessel used as a take-off or landing
					 point for parasails or similar devices.
(7) Tour boat shall mean any ship, boat,
					 vessel or craft used for the commercial purpose of conveying passengers for a
					 fee.
(8) Tour guide shall mean an
					 experienced and skilled operator of a PWC employed and empowered to direct and
					 command other operators who are part of a group or tour.
(9) Tow craft shall mean any vessel, craft or
					 device used to pull aloft a parasail.
(10) Towing shall mean all those activities
					 where a person, craft or device is pulled or drawn behind another
					 vessel.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-2 - Special Navigational Rules › Section 646-2.4 - Permits

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall operate or engage in any new recreational
						activity or use without first obtaining a special permit from the commission
						pursuant to Subpart 646-1 of this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-2 - Special Navigational Rules › Section 646-2.5 - Regulation of specific recreational activities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Personal water craft (PWC).
(1) All persons operating PWC upon the water
					 of Lake George shall comply with the following requirements in addition to all
					 navigational laws and other regulations of the Lake George Park Commission:
(i) A PWC may be operated only between the
					 hours of 8 a.m. to 7 p.m. or sunset whichever is earlier.
(ii) No person shall operate a PWC within 500
					 feet from the outer boundaries of a designated swimming or mooring
					 area.
(iii) No person shall operate
					 a PWC within 500 feet of shore at a speed greater than five miles per hour
					 except that such five miles per hour speed limit shall not apply to a PWC
					 operator operating at safe headway speed in a straight line to or from shore or
					 to or from an area 500 feet from shore.
(iv) No person shall operate a PWC on the
					 waters of Lake George so as to knowingly annoy, disturb, injure or endanger the
					 health, comfort, repose or peace of another person.
(v) No person shall operate a PWC on the
					 waters of Lake George which was manufactured on or after January 1, 1991 with
					 an exhaust system which has been altered in any way from the original
					 manufacturer's equipment.
(vi) On
					 or after January 1, 1992 no person shall operate a PWC on the waters of Lake
					 George if such PWC produces a sound level greater than that of the original
					 manufacturers specifications for that PWC, but in no event shall a PWC operate
					 on the waters of Lake George if such PWC exceeds the sound limits set forth in
					 section
					 646-2.8  of this
					 Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-2 - Special Navigational Rules › Section 646-2.6 - Miscellaneous provisions relating to certain recreational activities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Scuba diving.
(1) No person shall scuba dive in a navigable
					 channel or in any location in which it will interfere with free and safe
					 navigation or free access to another person's property. For the purpose of
					 these rules, navigable channels shall mean areas in which boats are restricted
					 in operation due to passage between points of land or, areas in which
					 navigation aids are located.
(2) No
					 person shall scuba dive in the waters of Lake George so as to knowingly annoy,
					 disturb, injure or endanger the health, comfort, repose or peace of another
					 person.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-2 - Special Navigational Rules › Section 646-2.7 - Speed limits

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Except as otherwise provided herein, no person shall operate a vessel on the
					 waters of Lake George in excess of the following speed limits:
(1) between the hours of 6 a.m. and 9
					 p.m.--45 statute miles per hour; and
(2) between the hours of 9 p.m. and 6
					 a.m.--25 statute miles per hour.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-2 - Special Navigational Rules › Section 646-2.8 - Noise limits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
					 person shall operate a vessel on the waters of Lake George which is propelled
					 wholly or partly by an engine operated by the explosion of gas, gasoline,
					 naphtha or other substance, without having the exhaust from the engine run
					 through an effective muffler so constructed and used as to muffle the noise of
					 the exhaust in a reasonable manner. Dry stacks, cut outs and straight pipes are
					 expressly prohibited.
(b) No person
					 shall operate a vessel on the waters of Lake George which exceeds 86 db when
					 measured at not less than 50 feet from the vessel being tested or 80 db when
					 measured at not less than 100 feet from the vessel being tested.
(c) All decibel levels are to be measured on
					 a decibel meter gaged to an A-weighted scale. Measurements of decibel levels
					 shall be taken when the subject vessel is in motion or by static test when the
					 subject vessel is stationary with engine operating at not more than 3,500
					 rpm.
(d) Any patrolman or law
					 enforcement officer of the commission, the State of New York, or any political
					 subdivision having jurisdiction of the waters of Lake George, who has reason to
					 believe that a vessel is being operated in excess of the noise levels
					 established in this section may request the operator of the vessel to subject
					 the vessel to a test as set forth in this section to measure noise levels, with
					 the officer on board if the officer so requests, and the operator shall comply
					 with such request. Failure to comply with the request shall constitute a
					 violation of this section.
(e) The
					 provisions of this section shall not apply to a vessel competing in or
					 practicing for a boat race over a specified course held by a bona fide club or
					 racing association between the hours of 9 a.m. and 6 p.m., provided the due
					 written notice of the date of the race and scheduled practice times have been
					 given to the commission not less than 15 days prior to the date of any such
					 race or scheduled practice times, and the event is registered with the
					 commission on such forms as the commission may prescribe. Where appropriate,
					 the commission may require that notice of the event and all scheduled practice
					 times be given to persons who may be impacted by the event.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-2 - Special Navigational Rules › Section 646-2.9 - Restricted use zones

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
					 person shall anchor, moor or recreate from a vessel on the waters of Lake
					 George in front of private property within 200 feet from the mean high-water
					 mark of such property without the consent of the owner or lessee of such
					 property. This paragraph shall not apply:
(1)
					 to persons fishing from vessels, provided such fishing does not create a hazard
					 to near-shore recreational activities such as swimming; and
(2) the emergency use of such
					 waters.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-3 - Wastewater Management › Section 646-3.1 - General Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to preserve and protect the
						water quality and ecology of Lake George and protect the health, safety and welfare
						of residents and visitors to the Lake George basin by ensuring compliance with
						design and maintenance standards for wastewater treatment systems, providing
						consistent review of such systems, and optimizing the efficacy of these systems to
						prevent degradation of the Lake from wastewater pollution.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-3 - Wastewater Management › Section 646-3.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Subpart shall
					 apply to the discharge of sewage and the design, construction, operation, and
					 maintenance of Wastewater Treatment Systems located in the Lake George
					 basin;
(b) The requirements of this
					 Subpart are in addition to, and not in lieu of, the requirements for wastewater
					 treatment systems set forth in local codes, New York State Public Health Law, the
					 Environmental Conservation Law (ECL), and implementing regulations. Wherever a
					 conflict exists between this Subpart and any local or State laws or regulations, the
					 more restrictive provision shall apply.