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 646 - Substantive Regulations › Subpart 646-5 - Stream Corridor Management Regulations for the Lake George Park › Section 646-5.7 - Standards for the Protection of Designated Stream Corridors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following standards shall apply to
					 all development, land disturbance, and land clearing within a designated stream
					 corridor:
(1) within 6 feet of the high water
					 mark of a stream no vegetation may be removed, except that a contiguous
					 clear-cut opening may be created. The opening shall not exceed 30% of the
					 stream length on a site or a maximum of 75 linear feet, whichever is
					 less.
(2) between 6 feet and 35
					 feet from the highwater mark of a stream no woody vegetation greater than one
					 inch in diameter at 4.5 feet above ground elevation may be removed, except that
					 a contiguous clear-cut opening may be created. The opening shall not exceed 30%
					 of the stream length on a site or a maximum of 75 linear feet, whichever is
					 less.
(3) a maximum of 100 square
					 feet of new impervious area or 400 square feet of porous pavement (i.e. porous
					 pavers) may be created on a site.
(4) where development exists within a
					 designated stream corridor prior to the effective date of this Subpart, these
					 areas are to be considered in aggregate with any proposed development, land
					 disturbance, and land clearing such that the total development within a
					 designated stream corridor complies with the standards above. If development
					 within a designated stream corridor exists prior to the effective date of this
					 Article and exceeds the standards above, it may be maintained in
					 perpetuity.
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 646-5 - Stream Corridor Management Regulations for the Lake George Park › Section 646-5.8 - Standards for Stream Crossings and Stream Bed Disturbances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following criteria shall apply to all
					 stream crossings and stream bed disturbances.
(1) Stream crossing, channelization, or
					 piping is allowed only for utility crossings, logging roads, public roads
					 (including subdivision roads to be accepted), approved private roads, and
					 driveways to access private real property.
(2) Separate road and utility crossings shall
					 not be approved when the consolidation of the proposed crossings is
					 feasible.
(3) When separate road
					 and utility crossings are necessary, the preferred methodology for utility
					 establishment shall be by directional boring under the stream bed.
(4) The number of crossings shall be limited
					 to one per site per stream.
(5)
					 When culverts or arches are used, they shall be used so as to maintain the
					 natural course and bed of the stream.
(6) Culverts and arches must be sized and
					 designed in accordance with standard design practices, including allowing for
					 safe passage for wildlife and floodplain flows.
(7) All stream crossings shall be designed to
					 safely pass the fifty (50)-year, peak storm event. The Commission may require
					 additional design features it determines necessary to prevent a hazard to
					 downstream property and natural resources.
(8) Stream crossings shall not impound water
					 during the 10-year storm event.
(9)
					 Stream crossing structures shall be designed to span one and one-fourth (1.25)
					 times the stream bed width.
(10)
					 Culverts shall be embedded twenty-percent (20%) along their entire linear
					 length.
(11) Any stream bed
					 disturbance shall promote the natural shape, slope, and substrate of a
					 stream.
(12) Any stream bed
					 disturbance shall be limited to the minimum disturbance necessary.
(13) Creation of land disturbance and
					 impervious areas for driveways and roads shall be limited to a maximum width of
					 twenty (20) feet and thirty (30) feet, respectively. If this standard conflicts
					 with standards at 6 NYCRR 646-5.7(a) (1-3), this provision shall
					 control.
(14) Crossings that convey
					 wastewater shall be depicted on a survey map prepared and stamped by a
					 professional surveyor licensed to operate in New York State. The survey map
					 shall be filed with the Office of the County Clerk in the county where the
					 property is located.
(15) No permit
					 shall be issued pursuant to this Subpart unless the Commission first determines
					 that the activity is reasonable and necessary, will not endanger the health,
					 safety or welfare of the public, and will not cause damage to downstream
					 properties or the natural resources of the Lake George 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 646-5 - Stream Corridor Management Regulations for the Lake George Park › Section 646-5.9 - Plan Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Project plans shall be required to include information the Commission
					 determines is reasonably necessary to complete its review and generally shall
					 include: plan views of proposed and existing buildings and impervious areas,
					 grading plans, temporary erosion and sedimentation controls, limits of
					 clearing, areas of selective cutting, location of trees to be removed, soil
					 tests, slopes, landscape and plantings and buffer areas to be protected.
					 Designated stream corridors shall be depicted on subdivision plats submitted
					 for approval.
(b) Plans may include
					 proposed restoration, plantings, and conservation areas to demonstrate
					 compliance with the standards at 6 NYCRR 646-5.7
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 646-5 - Stream Corridor Management Regulations for the Lake George Park › Section 646-5.10 - Administration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A variance to
					 any standard in this Subpart shall be processed in accordance with the
					 requirements of 6 NYCRR 646-4.13.
(b) Whenever the permit requirements of this
					 Subpart apply in conjunction with the requirements of the stormwater management
					 regulations at 6 NYCRR 646-4, a single application form, fee, and permit
					 processing shall be required.
(c)
					 The fee for permits required pursuant to the Subpart shall be those established
					 for major and minor stormwater projects pursuant to 6 NYCRR 645-5.
(d) In addition to or as an alternative to
					 any penalty provided herein or by law, any person that violates this regulation
					 may be required to restore land to its undisturbed condition.
(e) The Commission may enter into agreements
					 with municipalities, the Department, APA, and county soil and water
					 conservation districts for administration of designated stream corridor
					 management programs that are consistent with the intent, purpose and standards
					 of this Article. Such agreements may provide for administration of permits and
					 enforcement of this Article. However, the agreements shall not limit the
					 Commission from taking enforcement action if it determines that a violation of
					 this Article or of any permit issued pursuant to this Article endangers the
					 health, safety and welfare of the public or results in damage to the natural
					 resources of the Park.
(f) The
					 Commission may enter in agreements with highway departments, conservation
					 districts or other entities to authorize a number of similar projects or
					 activities. Agreements shall not limit the Commission from taking enforcement
					 action if it determines that a violation of this Article or of any permit
					 issued pursuant to this Article endangers the health, safety and welfare of the
					 public or results in damage to 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 646 - Substantive Regulations › Subpart 646-7 - Signs › Section 646-7.1 - Purpose and intent

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is as follows:
(a) to preserve and enhance the natural
					 beauty of the park;
(b) to create a
					 restful atmosphere in keeping with the natural beauty of the lake and the
					 surrounding Adirondack Mountains which will commend the park to
					 vacationers;
(c) to safeguard the
					 general public by the elimination of advertising signs which distract the
					 motorist and contribute to the hazards of driving;
(d) to encourage the installation of
					 appropriate advertising signs that harmonize with the buildings, the
					 neighborhood and other signs in the area; and
(e) to eliminate excessive, unsightly
					 competition for visual attention through advertising signs.
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 646-7 - Signs › Section 646-7.2 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
The following signs shall be exempt from the permit
						requirements of this Subpart:
(a) A
					 sign erected or maintained within an incorporated village.
(b) A sign erected by the State, a county, a
					 town or an agency or department thereof.
(c) The name plate of a professional person,
					 such as an engineer, architect, doctor, dentist, lawyer, or the name plate of a
					 practitioner of some home occupation such as teacher of music, dancing or art,
					 seamstress, etc., or real estate broker, provided these signs contain no
					 advertising matter, are not larger than two square feet, and give in words only
					 the name and profession or vocation of the person.
(d) Bulletin boards not over 15 square feet
					 in area for public, charitable and religious institutions when such bulletin
					 boards are located on the premises of said institution.
(e) Signs advertising a principal business
					 operated on the property where the sign is located provided all of the
					 following conditions are met:
(1) that there
					 are not more than two such signs;
(2) that no sign has an area of more than 48
					 square feet;
(3) that no sign
					 extends more than 20 feet above ground level;
(4) that no sign is within 10 feet of the
					 highway right-of-way; and
(5) that
					 no sign is illuminated by or contains a flashing, intermittent, rotating, or
					 moving light or lights.
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 646-7 - Signs › Section 646-7.3 - Signs for which permits will not be granted

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Signs containing flashing, intermittent,
					 rotating, or moving light or lights.
(b) Signs in excess of 48 square feet in
					 area.
(c) Moving signs. Signs that
					 move or contain visible parts which move.
(d) Neon signs. Signs illuminated by neon
					 lamps.
(e) Signs containing
					 luminous material, sequin studded letters, or lettering with fluorescent
					 paint.
(f) "A" type signs. Portable
					 free-standing or "A" type signs.
(g) Advertising devices. Displays that
					 contain banners, balloons, flags, pennants, pinwheels, searchlights or other
					 attention getting devices.
(h)
					 Signs on rocks, trees, etc. Signs affixed to or painted upon rocks, trees,
					 utility poles or other such structures.
(i) Parking of advertising vehicles. Vehicles
					 parked on the street or in locations on private property which have attached
					 thereto or suspended therefrom any advertising signs.
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 646-7 - Signs › Section 646-7.4 - Signs for which permits are required

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall construct, erect, own, operate or
						maintain a sign, advertising structure or device not otherwise exempt pursuant
						to the provisions of section
						646-7.2(a) 
						of this Subpart, which advertises the principal business or principal
						businesses conducted on the property on which the sign is located without a
						permit from 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 646-7 - Signs › Section 646-7.5 - Application for permits

Current through Register Vol. 46, No. 28, July 10, 2024
Applications for sign permits shall be submitted to the
						commission on such forms as the commission may prescribe, and shall contain or
						have attached thereto the following information and material:
(a) The name, address and telephone number of
					 the owner of the property.
(b) The
					 name, address and telephone number of the applicant (owner of the
					 sign).
(c) The name, address and
					 telephone number of the sign contractor, if any.
(d) The principal business or principal
					 businesses conducted on the property.
(e) The location of building, structure or
					 lot to which, or upon which, the sign or other advertising structure is to be
					 attached or erected, together with a statement showing the street or highway
					 frontage of such lot.
(f) The
					 location of sign on property in relation to distance from public right-of-way
					 and adjoining owners.
(g) The size
					 of sign.
(h) The height of the top
					 of the structure of the sign above ground level.
(i) The description of sign, including text,
					 material used, color of lettering and background.
(j) The type of illumination, if any, to be
					 used in connection with the signs.
(k) A statement and description of all other
					 signs located on the property.
(l)
					 A detailed drawing or blueprint depicting the construction details of the sign
					 and showing the lettering and/or decorative elements composing the sign; the
					 position of lighting or other extraneous devices; a location plan showing the
					 position of the sign on any building or land, its position in relation to
					 nearby buildings or structures and its position in relation to any private or
					 public street or highway.
(m) If a
					 permit is requested for an existing sign, the date it was erected.
(n) A statement of other facts deemed
					 material.
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 646-7 - Signs › Section 646-7.7 - Permitted signs on leased property

Current through Register Vol. 46, No. 28, July 10, 2024
If a lessee leases the entire parcel of real property
						such lessee shall be entitled to permits for signs as set forth in section
						646-7.6 
						of this Subpart. If a lessee leases a portion of a parcel of real property, the
						owner and lessee are considered as one applicant in determining the issuance of
						permits to be granted under section
						646-7.6 
						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 646-7 - Signs › Section 646-7.8 - Materials, shapes, lettering, colors and decorative elements of permitted signs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Materials. Each sign shall be constructed of wood, metal or other durable
					 material approved by the commission.
(b) Shapes. Simple forms, such as rectangles,
					 squares, ovals, or circles are permitted. Other forms are subject to approval
					 by the commission.
(c) Lettering,
					 colors, and decorative elements. These components are subject to approval 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 646-7 - Signs › Section 646-7.9 - Text on permitted signs

Current through Register Vol. 46, No. 28, July 10, 2024
The text on each sign is subject to approval by the
						commission and is limited to:
(a) name
					 or assumed name of the owner of the property on which it is located;
(b) principal business or businesses
					 conducted on the property;
(c)
					 brief indication of products or services available; and
(d)
(No) Vacancy.
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 646-7 - Signs › Section 646-7.10 - Illumination of permitted signs

Current through Register Vol. 46, No. 28, July 10, 2024
Only white artificial lighting shall be used to
						illuminate a sign. No flashing, intermittent or moving light or lights, or neon
						lamps, shall constitute a part of or be used to illuminate a sign. No light
						shall be placed in such a manner that it is a hazard to the travelling public,
						or shall cause any objectionable glare, either direct or
						reflected.
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 646-7 - Signs › Section 646-7.11 - Recognition emblems of national quality organizations

Current through Register Vol. 46, No. 28, July 10, 2024
A recognition emblem of a national quality organization
						constitutes an advertising sign and is included in the computation of the area
						and number of signs.
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 646-7 - Signs › Section 646-7.12 - Criteria for action in approving or denying applications

Current through Register Vol. 46, No. 28, July 10, 2024
In approving, conditionally approving, or denying any
						application for a sign permit, the commission shall apply all of the following
						criteria as the basis for its actions:
(a) whether it is necessary for the
					 applicant's enjoyment of substantial trade and property rights;
(b) whether it is consistent with the intents
					 and purposes as set forth in section
					 646-7.1  of
					 this Subpart;
(c) whether it
					 constitutes a detriment to public safety and welfare;
(d) the size, shape, color and placement of
					 the sign shall be considered to determine if the sign is compatible with and
					 bears a harmonious relationship with the surrounding environs; and
(e) the location and design of the proposed
					 sign shall be considered to determine if the sign will obscure from view or
					 unduly detract from existing adjacent signs.
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 646-7 - Signs › Section 646-7.13 - Structural safety and maintenance of permitted signs

Current through Register Vol. 46, No. 28, July 10, 2024
All parts, portions, units, and materials composing the
						sign, together with the frame, background, supports or anchorage, therefore,
						shall be maintained in proper repair and state of preservation. The surface of
						all signs shall be kept neatly painted.
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 646-7 - Signs › Section 646-7.14 - Approval, review and revocation of permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Permits for signs within the park shall
					 be signed by the executive director of the commission.
(b) All permitted signs shall be erected and
					 maintained in accordance with the representations contained in the application
					 and with the provisions of the permit.
(c) All permits issued or deemed to be issued
					 shall be subject to review and shall be revocable for cause at any
					 time.
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 646-7 - Signs › Section 646-7.15 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 commission may require the applicant to furnish any further statements or
					 information which it deems necessary for proper consideration of an
					 application.
(b) Permits are issued
					 by the commission only to indicate compliance with ECL, article 43 and do not
					 imply compliance with any other provision of law.
(c) Any action of the commission by which an
					 application for a permit hereunder is denied, is reviewable pursuant to the
					 provisions of article 78 of the CPLR.
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 646-8 - Orders of the Lake George Park Commission › Section 646-8.2 - Permanent zone

Current through Register Vol. 46, No. 28, July 10, 2024
The Lake George Park, as that term is defined in ECL,
						section 43-0103(1), exclusive of State or municipally owned land, is hereby
						declared to be a permanent zone. The precise courses and distances of said zone
						are set forth in the referenced statute.
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 646-8 - Orders of the Lake George Park Commission › Section 646-8.3 - Restrictions and conditions

Current through Register Vol. 46, No. 28, July 10, 2024
On or after the effective date of this Subpart, no person
						shall build, erect or construct any commercial project, or enlarge, expand or
						convert to another use any existing commercial use within the zone established
						by this Subpart. For the purpose of this Subpart, the term commercial use shall
						mean the use of land for any purpose from which a profit of any kind may be
						derived, other than the lease of residential property for single-family
						residential purposes, and shall include the subdivision and/or development of
						property for commercial gain. For the purpose of this Subpart the term
						commercial project shall mean any commercial use which involves the
						construction or erection of a temporary or permanent structure, but shall not
						include:
(a) any project that has
					 received all Federal, State and local permits and approvals, including building
					 permits, necessary to commence construction prior to the effective date of this
					 Subpart provided that such permits and approvals are in effect on the effective
					 date of this Subpart, except for routine, ministerial permits and approvals
					 that are issued during the course of construction based upon the progress of
					 construction and ministerial permit renewals;
(b) the construction of a single-family
					 residence or an accessory structure, including a residential dock, wharf or
					 mooring, on a lot or parcel which:
(1) is part
					 of a subdivision that has received all Federal, State and local governmental
					 approvals necessary for such subdivision prior to the effective date of this
					 Subpart and which was properly filed in accordance with the requirements of
					 State law prior to the effective date of this Subpart; or
(2) which lot was lawfully in existence prior
					 to the effective date of this Subpart; provided that, prior to the effective
					 date of this Subpart, the lot or parcel on which the structure is to be
					 constructed has been deeded to the person who intends to reside in or lease the
					 structure for single-family residential purposes and the structure is not part
					 of a device or scheme to construct and/or operate two or more structures for
					 rental purposes;
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 646-8 - Orders of the Lake George Park Commission › Section 646-8.4 - Expiration date

Current through Register Vol. 46, No. 28, July 10, 2024
Section
						646-8.3 
						of this Subpart shall expire upon:
(a)
					 the promulgation of regulations by the commission relative to wastewater
					 discharges and stormwater management and the issuance of a further Subpart to
					 limit commercial development consistent with such regulations; or
(b) July 15, 1990, whichever occurs
					 first.
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 646-8 - Orders of the Lake George Park Commission › Section 646-8.5 - Variances

Current through Register Vol. 46, No. 28, July 10, 2024
Any person who experiences unnecessary hardship by reason
						of this Subpart may apply to the Lake George Park Commission for a variance
						from this Subpart subject to the standards, procedures and conditions required
						by 6 NYCRR Subpart 645-8. Notwithstanding the failure of an applicant to
						demonstrate unnecessary hardship, the commission may grant a variance upon a
						showing by the applicant that the proposed project or activity incorporates
						best technologies available, as determined by the commission, for wastewater
						and stormwater management. Upon any application for a variance, the commission
						may coordinate its review of the variance application with the review of the
						project or activity by other involved agencies.
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 646-8 - Orders of the Lake George Park Commission › Section 646-8.6 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
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 646-9 - PROHIBITION OF AQUATIC INVASIVE SPECIES INTRODUCTION INTO LAKE GEORGE › Section 646-9.1 - Purpose, Scope and Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
Aquatic invasive species (AIS) pose a serious threat to
						the waters of Lake George Park and can cause significant detrimental impacts to
						the ecology and economy of the Lake George Park. This rule is intended to
						prohibit introduction of aquatic invasive species to Lake George and the waters
						of the Lake George Park, and to minimize spread of AIS from Lake George to
						other waterbodies. This Subpart creates a program whereby trailered vessels are
						inspected prior to launch into the waters of the Lake George Park and upon
						retrieval from those waters, to help ensure vessels are free from AIS.
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 646-9 - PROHIBITION OF AQUATIC INVASIVE SPECIES INTRODUCTION INTO LAKE GEORGE › Section 646-9.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following terms shall have the stated meanings
						whenever used in this Subpart 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.
(a) "Aquatic invasive species (AIS)" means an
					 aquatic animal or plant species that is:
(1)
					 nonnative to the waters of the Lake George Park ; and
(2) whose introduction causes or is likely to
					 cause economic or environmental harm or harm to human health.
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 646-9 - PROHIBITION OF AQUATIC INVASIVE SPECIES INTRODUCTION INTO LAKE GEORGE › Section 646-9.3 - Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It shall be
					 unlawful for any person to launch or attempt to launch a trailered vessel into
					 the waters of the Lake George Park during the boating season without an intact
					 VICS or a vessel inspection completed by a Vessel Inspection Technician at the
					 time and location of the launch.
(b) It shall be unlawful for any person to
					 leave a launch site during the boating season with a trailered vessel retrieved
					 from the waters of the Lake George Park that has not been cleaned and drained
					 in accordance with Section
					 646-9.4 
					 of this Subpart.
(c) It shall be
					 unlawful for any person to introduce an aquatic invasive species into the
					 waters of the Lake George Park by any means including but not limited to
					 aquaculture, aquarium dump, animal release, non- motorized vessels, docks,
					 construction equipment, fishing equipment, an bait, unless such person has
					 taken reasonable precautions as defined in this Subpart.
(d) It shall be unlawful for any person to
					 knowingly provide inaccurate or false information to Commission personnel or a
					 VIT concerning prior launches, launch registration, or any other information
					 required to be provided pursuant to this Subpart.
(e) It shall be unlawful for a launch
					 operator to allow the launch of a trailered vessel into the waters of the Lake
					 George Park during the boating season that is not equipped with an intact VICS
					 applied by a VIT or authorized launch operator in accordance with this
					 Subpart.
(f) It shall be unlawful
					 for any person to alter or modify any VICS. This prohibition shall not apply to
					 the removal of a VICS that has been properly installed pursuant to this Subpart
					 prior to the vessel being launched into the waters of the Lake George Park.
(g) It shall be unlawful for any
					 person to use, or attempt to secure a vessel to a its trailer, with an
					 unauthorized VICS so as to avoid the requirements of this Subpart.
(h) Unless otherwise exempted by this
					 Subpart, it shall be unlawful for any launch operator to operate a launch site
					 without registering such launch site with the Commission and maintaining launch
					 records as required by 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 646-9 - PROHIBITION OF AQUATIC INVASIVE SPECIES INTRODUCTION INTO LAKE GEORGE › Section 646-9.5 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
Compliance with this Subpart shall not apply to:
(a) Any person who has entered into or is
					 subject to a written agreement with the Commission which provides for the
					 substantial equivalent of the protections described in 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 646-9 - PROHIBITION OF AQUATIC INVASIVE SPECIES INTRODUCTION INTO LAKE GEORGE › Section 646-9.6 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Subpart or its application to
						any person or circumstance is determined to be contrary to law by a court of
						competent jurisdiction, such determination shall not affect or impair the
						validity of the other provisions of this Subpart or the application to other
						persons and circumstances.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter B - Freshwater Wetlands Appeals Board › Part 647 - Rules Of Procedure › Section 647.2 - Suspension of rules

Current through Register Vol. 46, No. 28, July 10, 2024
On a finding that it is necessary for the preservation of
					 the public health, safety or general welfare, the board may suspend all or a
					 part of the requirements or provisions of this Part in a particular case on
					 application of a party, or on its own motion, and may order proceedings in
					 accordance with its own direction.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter B - Freshwater Wetlands Appeals Board › Part 647 - Rules Of Procedure › Section 647.3 - Appeals to the board

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Within 30 days after service or notice, whichever occurs later in time, of any
				  decision, determination or order of the Commissioner of Environmental
				  Conservation (hereinafter "commissioner") or of the competent agency of any
				  village, town, city or county (hereinafter "agency"), or of the Adirondack Park
				  Agency (hereinafter "APA"), acting under authority of the act, any person may
				  take an appeal to the board by the filing of a notice of appeal containing
				  exceptions to that decision, determination or order or designated portions
				  thereof.
(b) Every person filing an
				  appeal (hereinafter "appellant") shall file a notice of appeal which must:
(1) specify whether or not wetlands are
				  involved and, if they are, then state the nature and the size of the wetlands
				  involved in the appeal;
(2)
				  separately number each exception and state concisely, without supporting
				  argumentation, the single error of fact or law which is being asserted in that
				  exception;
(3) identify with
				  particularity the portion of the decision, determination or order to which the
				  exception is addressed; and
(4)
				  name the commissioner, agency or APA as respondent, as the case may
				  be.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter B - Freshwater Wetlands Appeals Board › Part 647 - Rules Of Procedure › Section 647.4 - Record on appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Within 10 days of receiving a notice of appeal, weekends and holidays excluded,
				  the respondent commissioner, agency or APA shall transmit to the docket clerk
				  of the board the original papers and exhibits filed with it, the transcript of
				  proceedings, if any, and any other materials presented to it, together with a
				  copy of the decision or order appealed from and a copy of the local law or
				  ordinance by which the decision or order is authorized.
(b) Appellant shall offer to assist
				  respondent in assembling the record to assure that the full and original record
				  of the decision or order appealed from is in fact transmitted to the board's
				  docket clerk. The appellant may confer with and assist the respective clerk or
				  other official designated by the commissioner, agency or APA as the official
				  who is responsible for transmitting the record to the board's docket clerk. The
				  commissioner, agency or APA may issue such regulations not inconsistent wiht
				  this Part as may be necessary or desirable to facilitate and arrange for the
				  consultation and assistance by th appellant, and transmittal of the
				  record.
(c) Upon receiving the
				  answer, the board's docket clerk shall give notice, in writing by mail, of the
				  date the answer is received, and specify a briefing schedule.
(d) If anything material to a party is
				  omitted from or misstated in the record, the parties may supplement or correct
				  the record by stipulation or by affidavit, or the board may order the filing of
				  a supplemental and corrected record.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter B - Freshwater Wetlands Appeals Board › Part 647 - Rules Of Procedure › Section 647.5 - Briefs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After service
				  of a copy on respondent, the original and five copies of appellant's brief in
				  support of the exceptions specified in the notice of appeal shall be filed with
				  the board's docket clerk within 15 days of the date specified by the board's
				  docket clerk as the date the record was received. The appellant's brief shall
				  be confined to a consideration of the exceptions previously filed in the notice
				  of appeal. The appellant's brief, which shall not exceed 15 typed pages (or 10
				  printed pages), shall contain under appropriate headings and in the order here
				  indicated:
(1) short statement of the issues
				  presented for review;
(2) statement
				  summarizing the facts in the record;
(3) argument, including contentions as to the
				  issues, reasons therefor, with citations to authorities, statutes, ordinances,
				  regulations, and parts of the record relied upon;
(4) a short conclusion stating the precise
				  relief sought; and
(5) as an
				  appendix, a copy of the specific statutes or ordinances relied upon, and full
				  copies of the principal case or cases relied upon. The appendix must not
				  contain unrelated matter and its length is separate from and in addition to the
				  page references stated in this subdivision.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter B - Freshwater Wetlands Appeals Board › Part 647 - Rules Of Procedure › Section 647.6 - Intervention

Current through Register Vol. 46, No. 28, July 10, 2024
Any person who desires to intervene in an appeal or
					 proceeding shall serve on all parties a copy of an application to intervene,
					 and shall file the original and five copies of the application with the board's
					 docket clerk. The application shall contain a concise statement of the interest
					 of the party seeking intervention and the grounds upon which intervention is
					 sought. An application to intervene shall be filed within 40 days of the filing
					 of a notice of appeal. Except as otherwise ordered by the board, an intervenor,
					 after service of a copy on all parties, shall file the original and five copies
					 of its brief with the board's docket clerk at the same time as the brief of the
					 party whose position the intervenor supports, or, if such time has passed, then
					 within 10 days after leave to intervene is granted by the board. All other
					 parties may reply to an intervenor's brief by a letter of no more than five
					 pages in length within five days after the filing of the intervenor's
					 brief.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter B - Freshwater Wetlands Appeals Board › Part 647 - Rules Of Procedure › Section 647.7 - Briefs of and limited appearances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A brief of an amicus curiae may be filed
				  on consent of all parties, or by permission of the board granted on application
				  to the board by the person seeking to file the brief, or at the request of the
				  board. A copy of the proposed brief of the amicus curiae shall be filed
				  conditionally with the application. The application shall specify the interest
				  of the amicus curiae and state the reasons why a brief of an amicus curiae is
				  useful in the appeal. Except by agreement of all parties, or by order of the
				  board for good cause shown, the application for permission to file a brief of
				  an amicus curiae shall be served and filed at the same period as the party
				  whose conclusion the brief supports.
(b) A person who is not a party, nor desires
				  to intervene or file an amicus curiae brief, may, in the discretion of the
				  board, file a letter of no more than two pages concisely stating that person's
				  interest in and position on specific issues on appeal. The person making such a
				  limited appearance shall transmit a copy of the letter to each party, and the
				  board's docket clerk will provide on request the addresses of such parties to a
				  person making a limited appearance. Such letters shall be filed with the
				  board's docket clerk prior to the filing of respondent's brief, or prior to
				  oral argument if oral argument is requested, and after copies have been mailed
				  to all parties by the person making the limited appearance.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter B - Freshwater Wetlands Appeals Board › Part 647 - Rules Of Procedure › Section 647.8 - Oral argument

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				  party desiring oral argument shall make a request for such at the same time as
				  filing its brief. The request shall be served on each party and filed with the
				  board's docket clerk. The party shall specify whether such argument is desired
				  in Albany or in one of the counties wherein the affected wetlands are located,
				  and if in the one of such counties, then the party shall specify the most
				  convenient available public meeting hall wherein the oral argument may be
				  heard.
(b) Upon receipt of any
				  request for oral argument, where the board deems it advisable, the board or its
				  chairman shall designate one member to hear the argument in one of the counties
				  wherein the affected wetlands are located. The full board shall hear the oral
				  argument in Albany or elsewhere if all parties waive election to hold the
				  argument in one of the counties wherein the affected wetlands are
				  located.
(c) If the parties agree
				  to holding oral argument in Albany, it shall be held on the Monday or Tuesday
				  of the first full week of the month immediately following the date on which the
				  respondent's brief is filed. If the oral argument is to be held elsewhere than
				  Albany, the oral argument shall be held at such time and place as the board or
				  its chairman or the member designated to hear the appeal shall
				  direct.
(d) It is the
				  responsibility of any party desiring a stenographic transcript of any oral
				  argument to arrange and pay for such to be taken by a duly certified
				  stenogographer and to furnish one copy of any such transcript to the board
				  without cost and to filed such copy, with the stenographer's original
				  verification, upon receipt from the stenographer with the board's docket
				  clerk.
(e) Unless otherwise
				  provided by order of the board or its chairman, each party will be allowed 30
				  minutes for argument of an appeal. A party is not obliged to use all of the
				  time allowed. The board may grant additional time if a party requests it in
				  writing prior to argument, and the board may terminate the argument whenever in
				  its judgment further argument is unnecessary.
(f) Appellant is entitled to open and
				  conclude the argument. The opening shall include a fair statement of the case.
				  A party, its representative or counsel, will not be permitted to read at length
				  from briefs, the record, or authorities. If a party fails to appear for oral
				  argument, the board may hear argument from any other parties present and decide
				  thereafter having considered the briefs of any absent party.
(g) If no oral argument is requested, then
				  the appeal is deemed submitted on the basis of the briefs and/or record
				  below.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter B - Freshwater Wetlands Appeals Board › Part 647 - Rules Of Procedure › Section 647.10 - Exhaustion of remedies before the board

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The timely filing of any notice of appeal
				  before the board shall preclude any party seeking judicial review of the
				  decision or order of the commissioner, agency or APA until after such time as
				  the board has ruled.
(b) The
				  institution of any judicial proceeding to review a decision, determination or
				  order of the commissioner, agency or APA, prior to the filing of a notice of
				  appeal with the board, shall preclude the institution of any proceeding before
				  the board to review such decision, determination or order.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter B - Freshwater Wetlands Appeals Board › Part 647 - Rules Of Procedure › Section 647.11 - Filing of board decisions with the county clerk

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Once the board has decided any appeal or
				  application for a stay, and filed the original of its decision with the board's
				  docket clerk, a copy of such decision shall be sent by the board's docket clerk
				  to every party and each person appearing as amicus curiae or submitting a
				  limited appearance letter under section
				  647.7 
				  of this Part.
(b) At the same time,
				  the board's docket clerk shall transmit a copy of said decision to the county
				  clerk of any county or counties in which the affected wetlands are located. The
				  county clerk shall maintain a copy of such decision with the maps of, and other
				  materials related to, the affected wetlands as required under the act, and the
				  county clerk shall record the date said county clerk files the board's decision
				  or order for purposes of section 24-1105(2) of the act.