New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 666 - Regulation Or Administration And Management Of The Wild, Scenic And Recreational Rivers System In New York State Excepting Private Land In The Adirondack Park › Section 666.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following words and terms will
						have the meaning ascribed to them and will apply for purposes of administering
						the act in addition to any other words and terms defined in section 15-2703 of
						the act.
(a) Accessory structure means
					 any structure covering an area of 800 square feet or less, located on the same
					 premises and incidental and subordinate to the main structure.
(b) Accessory use means any use of a
					 structure, lot or portion thereof that is customarily incidental and
					 subordinate to and does not change the character of the principal use of the
					 structure or lot.
(c) Act means the
					 Wild, Scenic and Recreational Rivers System Act as set forth in title 27 of
					 article 15 of the Environmental Conservation Law or any successor provision of
					 law.
(d) Agricultural use means any
					 management of any land for the production of agricultural products including
					 crops; field crops; fruits; vegetables; horticultural specialties; livestock
					 and livestock products; including the sale of products grown or raised directly
					 on such land, and the construction, alteration or maintenance of fences,
					 agricultural roads, agricultural drainage systems and farm ponds, but not
					 including land used for the processing of any agricultural product.
(e) Agricultural use structure means any
					 barn, stable, shed, silo, garage, fruit and vegetable stand or other building
					 or structure directly and customarily associated with agricultural
					 use.
(f) Basal area means the sum
					 of the cross-sectional areas of specified or total vegetation within a given
					 area measured at 4 1/2 (4.5) feet (breast height) above ground.
(g) Boat launching site means a site for the
					 launching of boats and that may or may not contain a ramp for trailer boats or
					 attendant parking facilities.
(h)
					 Clearcutting means any cutting of trees one inch or more in diameter measured
					 at breast height that results in a residual density of trees of less than 30
					 square feet of basal area per acre.
(i) Clustering means the varying of the area
					 and shoreline frontage requirements for structures within a specific tract of
					 land from the area and shoreline frontage requirements of a local zoning
					 ordinance, for the purpose of preserving the natural and scenic qualities of
					 the land in accordance with the provisions of section 281  of the Town Law, section 7-738  of the
					 Village Law and article 37 of the General City Law.
(j) Commercial sign directory means any
					 structure, frame or other support that contains two or more signs as that term
					 is used in this Part.
(k)
					 Commercial use means any use involving the offer for sale or rental, sale,
					 rental or distribution of goods, services or commodities or the provision of
					 recreation facilities or activities for a fee, but not including the
					 manufacturing of goods or commodities.
(l) Commissioner means the commissioner of
					 the Department of Environmental Conservation, his successors to office and any
					 agency which may succeed to the duties of such office.
(m) Community means an area of existing
					 development delineated by Department of Environmental Conservation as part of
					 the final boundary setting process that has a minimum of 30 acres and, at the
					 time of legislative designation, a minimum of 85 percent of the lots developed.
					 In addition, the area must have either lot sizes that average one-half acre or
					 less or no less than 40 percent of the lots developed for industrial,
					 institutional and/or commercial uses.
(n) Cultural feature means any building,
					 structure, historic district, area, site or object, including an underground or
					 underwater site, of significance in the history, architecture, archaeology or
					 culture of this State, its communities or the nation and is eligible for
					 inclusion on the State Register or National Register of Historic
					 Places.
(o) Department means the
					 Department of Environmental Conservation or any agency or body that may succeed
					 to the duties of such office.
(p)
					 Development means any activity that materially affects the existing condition,
					 use or appearance of any land, structure or improvement including any grading,
					 road construction, installation of utilities or other improvements or any other
					 development preparatory or incidental to any such activity, or the subdividing
					 of land as defined in this Part, by any person.
(q) Existing dam means a dam that is in
					 existence when a river is designated in the system and that is presently
					 capable of impounding water in a manner and at a level consistent with the
					 design of the structure as it existed on the date upon which the river was
					 designated in the system.
(r)
					 Forest management means forestry practices, including harvesting of a forest
					 woodland or plantation or other types of cuttings planned as part of a
					 deliberate forest management program and the construction, alteration or
					 maintenance of forest management roads, skidways, logging landings and fences,
					 and related research and educational activities.
(s) Forest management road means any dirt or
					 other unimproved road, including skidways, and used solely for forest
					 management purposes.
(t) Forestry
					 management structure means any structure directly and customarily associated
					 with forest management.
(u)
					 Free-flowing means existing or flowing in natural condition without
					 impoundment, diversion, straightening, riprapping or any other modification of
					 the waterway except for stream improvement structures for fishery management
					 purposes.
(v) Height means the
					 distance as measured from the lowest point of natural ground surface grade
					 elevation to the highest point of the structure.
(w) Improvement means any change in or
					 addition to land, including but not limited to grading, filling, excavating or
					 adding banks, fences, dikes, ditches, pipelines, poles, electrical conduits,
					 roads, streets, curbs, gutters, sidewalks, driveways, parking lots or
					 spaces.
(x) Industrial use as it
					 applies to such new uses allowed in communities means uses that are limited to
					 light manufacturing, production, assembly of goods or warehousing.
(y) Industrial uses as it applies to the
					 determination of community boundaries means all existing uses that are
					 customarily associated with the production, storage and transportation of
					 goods.
(z) Institutional use means
					 government buildings, health care facilities, churches, schools, fire and
					 police facilities, water and sewage treatment plants, correctional facilities,
					 or other facilities of a similar public or semipublic nature as determined by
					 the department.
(aa) Integrated
					 pest management means the use of practical non-chemical approaches, including
					 possible limited use of approved pesticides, for the avoidance and control of
					 pest infestations. It also includes general education and technical training of
					 on-site personnel and the establishment of implementation procedures,
					 evaluation mechanisms and reporting for the management program.
(bb) Land means the earth, on or below the
					 surface of the ground, including all natural resources.
(cc) Land use means any use or appearance of
					 land or a structure, including the particular nature, scale, extent, density
					 and intensity of the use.
(dd)
					 Local government means any county, city, town or village.
(ee) Logging landing means an area where
					 harvested trees are assembled for further processing or are loaded for
					 transportation.
(ff) Lot coverage
					 means that portion or percentage of the lot which is occupied by buildings,
					 structures, pavement or other impervious surfaces.
(gg) Major public utility use means: any
					 electric power transmission or distribution line and associated equipment with
					 a rating of more than 15 kilovolts and that is one mile or more in length; any
					 telephone inter-exchange or trunk cable or feeder cable that is one mile or
					 more in length; any telephone distribution facility containing 25 or more pairs
					 of wire and designed to service a new residential subdivision; any television,
					 cable television, radio, telephone and other communication transmission tower;
					 any pipe, conduit or other appurtenance used for the transmission of gas, oil
					 or other fuel that is one mile or more in length; or any electric substation,
					 generating facility or maintenance buildings. Also see subdivision (vv) of this
					 section.
(hh) Mean high water means
					 the approximate high-water level for a given body of water at a given location,
					 that distinguishes between predominantly aquatic and predominantly terrestrial
					 habitat as determined, in order of use, by the following:
(1) available hydrologic data, calculations,
					 and other relevant information concerning annual water levels (e.g., discharge,
					 storage, tidal, and other recurrent water elevation data);
(2) vegetative characteristics (e.g.,
					 location, presence, absence, or destruction of terrestrial or aquatic
					 vegetation);
(3) physical
					 characteristics (e.g., clear natural line impressed on a bank, scouring,
					 shelving, or the presence of sediments, litter, or debris); and
(4) other appropriate means that consider the
					 characteristics of the surrounding area.