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 665 - Local Government Implementation Of The Freshwater Wetlands Act And Statewide Minimum Land-use Regulations For Freshwater Wetlands › Section 665.6 - Regulatory procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
					 assumption of local regulatory authority and the filing of applicable official
					 maps by the department, a local government must regulate all regulated
					 activities not otherwise specifically exempted under section 24-0701 of the act
					 that are to be conducted on Class II-IV wetlands or adjacent areas within its
					 jurisdiction and on Class I wetlands where authority has been delegated by the
					 department.
(b) A local government,
					 in establishing procedures for the receipt and processing of permit
					 applications, must comply with the requirements set out in section 24-0703 of
					 the act:
(1) Any person proposing to conduct
					 or cause to be conducted a regulated activity upon any freshwater wetland must
					 file an application for a permit, or request in writing a letter of permission,
					 when appropriate, with the clerk of the local government having regulatory
					 authority. The local government will review the application or request in
					 accordance with the act, this Part, and all other applicable laws and rules.
					 Such application or request must include a detailed description of the proposed
					 activity and a map showing the area of freshwater wetland directly affected,
					 with the location of the proposed activity thereon. The clerk will cause notice
					 of such application to be mailed to all local governments where the proposed
					 activity or any part of it is located.
(2) No sooner than 30 days and not later than
					 60 days after the receipt by a local government of an application, and after
					 notice of application has been published by the applicant in two newspapers
					 having a general circulation in the area, the local government will hold a
					 public hearing on such application at a suitable location in the local
					 government where the affected wetland is situated unless no notice of objection
					 has been filed and the local government finds the activity to be of such a
					 minor nature as not to affect or endanger the balance of systems within the
					 wetlands, and has been determined to be compatible pursuant to section
					 665.7 
					 of this Part, in which case the local government may, in the exercise of
					 discretion, dispense with such hearing. Where the local government finds that a
					 hearing is not necessary, a decision setting forth reasons therefor shall be
					 prepared, shall be a matter of public record and shall be mailed to all local
					 governments where the proposed work or any part of it is located, and to all
					 persons who filed a statement with the local government following the
					 publication of such notice of application. All owners of record of the adjacent
					 land and the local governments where the proposed activity is located shall be
					 notified by certified mail of the hearing not less than 15 days prior to the
					 date set for such hearing. The local government shall cause notice of such
					 hearing to be published in two newspapers having a general circulation in the
					 area where the affected freshwater wetlands are located. All applications and
					 maps and documents relating thereto shall be open to public inspection at the
					 office of the clerk of the local government in which the wetland is situated.
					 At such hearing any person or persons filing a request for a hearing or a
					 timely notice of appearance may appear and be heard.
(3) The applicant shall have the burden of
					 demonstrating that the proposed activity will be in accord with the policies
					 and provisions of the act and this Part. To the greatest extent practicable,
					 such hearing shall be incorporated with any public hearing required by the
					 Town, Village, General City, General Municipal or Environmental Conservation
					 Law in connection with approvals or permits otherwise required before
					 commencement of regulated activities on lands containing such
					 wetlands.