reglab/statecodes huggingface dataset:
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 662 - Freshwater Wetlands-interim Permits › Section 662.2 - Purpose and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 This Part implements the act by governing the department's issuance of interim
					 permits in an area prior to the department's filing of a final freshwater
					 wetlands map for that area pursuant to section 24-0301 of the act. Once a final
					 map has been filed, the act will be implemented in the area either by the
					 appropriate local governments or by the department, according to the
					 jurisdictional provisions of the act and applicable regulations.
(b) No person may alter any freshwater
					 wetland or adjacent area without having first submitted an application and
					 obtained an interim permit for the alteration from the department. However,
					 this Part does not apply to any alteration of a freshwater wetland or adjacent
					 area caused by:
(1) deposition or removal of
					 the natural products of freshwater wetlands and adjacent areas by recreational
					 or commercial fishing, shellfishing, aquiculture, hunting or trapping, where
					 otherwise legally permitted and regulated;
(2) the activities of farmers and other
					 landowners in grazing and watering livestock, making reasonable use of water
					 resources, harvesting natural products of the wetlands, selectively cutting
					 timber, draining land or wetlands for growing agricultural products, and
					 otherwise engaging in the use of wetlands or other land for growing
					 agricultural products. However, the erection of structures not required for
					 enhancement or maintenance of the agricultural productivity of the land, and
					 any filling activities, are not included in this exemption;
(3) public health activities, orders, and
					 regulations of the Department of Health. Copies of all such public health
					 orders and regulations affecting wetlands must be filed with the Department of
					 Environmental Conservation. The commissioner may request modification of such
					 orders or regulations, if necessary, in order to implement the policy of the
					 act;
(4) projects for which
					 applications have been filed, pursuant to article VII or VIII of the Public
					 Service Law. However, the Public Service Commission and the New York State
					 Board on Electric Generation Siting and the Environment must apply the
					 provisions of this Part in determining whether to issue a certificate of
					 environmental compatibility and public need under either of those
					 articles;
(5) ordinary maintenance
					 and repair of existing functional structures, facilities, or improved areas
					 that do not involve expansion or substantial restoration, reconstruction,
					 rehabilitation, or modification, including, but not limited to, bridges, roads,
					 highways, railroad beds, bulkheads, docks, piers, pilings, or paved areas;
					 or
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 662 - Freshwater Wetlands-interim Permits › Section 662.3 - Regulation of wetlands in the adirondack park

Current through Register Vol. 46, No. 28, July 10, 2024
This Part is not applicable to wetlands or portions of
						wetlands within the Adirondack Park. Those wetlands or portions of wetlands are
						regulated by the Adirondack Park Agency and local governments within the park
						pursuant to title 8 of the act.
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 662 - Freshwater Wetlands-interim Permits › Section 662.4 - Determination of wetlands subject to regulation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person may inquire of the department
					 as to whether or not a particular parcel of land includes all or part of a
					 freshwater wetland that is 12.4 acres or more in size and therefore is subject
					 to regulation under this Part.
(b)
					 Any person may request the commissioner to determine whether a parcel that
					 meets the definition of a freshwater wetland, but is less than 12.4 acres in
					 size, has unusual local importance for one or more of the specific benefits
					 listed in subdivision 24-0105.7 of the act, and is therefore subject to
					 regulation under this Part.
(c)
					 Each inquiry or request under subdivision (a) or (b) of this section should be
					 directed to the appropriate regional permit administrator. It must be in
					 writing and must, at a minimum, contain a description of the location of the
					 parcel in question, the reason for the inquiry or request, and a list of all
					 landowners of the parcel, as shown on the latest completed tax assessment
					 rolls. In addition, a request under subdivision (b) should contain a
					 description of the unusual nature of the wetland benefit(s) derived from the
					 area.
(d) Department responses to
					 inquiries or requests.
(1) The department must
					 respond within 30 days of receipt of a complete inquiry or request by giving a
					 written answer to the inquirer or requestor, the affected landowners, and the
					 chief administrative officer(s) of the local government(s) within which the
					 parcel is located, as to whether or not the parcel contains a freshwater
					 wetland subject to regulation under this Part.
(2) If the department's answer is
					 affirmative, the response must contain a general indication of the wetland's
					 boundary and the types and location of wetland vegetation found within that
					 boundary.
(3) In the case of an
					 inquiry under subdivision (a) of this section: if the parcel itself does not
					 encompass 12.4 acres of wetland, but contains part of a wetland of at least
					 12.4 acres, the department must so indicate in its response, giving a general
					 indication of the location and types of wetland vegetation that make up at
					 least 12.4 acres of wetland.
(4) In
					 the case of a request under subdivision (b) of this section: if the
					 department's answer is affirmative, the response must contain the reason for
					 the department's decision that the wetland has unusual local importance and is
					 therefore subject to regulation.
(5) In the event that weather or ground
					 conditions prevent the department from making a determination within 30 days,
					 it may extend such period until a determination can be made.
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 662 - Freshwater Wetlands-interim Permits › Section 662.5 - Interim permit application procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The procedures of Part 621 (Uniform
					 Procedures) and Part 624 (Permit Hearing Procedures) of this Title govern the
					 form, submission, processing, and review of permit applications under this Part
					 and the modification, renewal, suspension, and revocation of permits issued
					 pursuant to this Part. Permit application forms are available from each
					 regional office of the department.
(b) The review procedures required pursuant
					 to the State Environmental Quality Review Act (SEQR), which is article 8 of the
					 Environmental Conservation Law, apply to activities subject to the permit
					 requirements of this Part. An applicant may be required to submit information
					 necessary for compliance with SEQR in addition to information required under
					 this Part or under Part 621 or 624 of this Title.
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 662 - Freshwater Wetlands-interim Permits › Section 662.6 - Standards for the issuance of an interim permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In granting, denying, or imposing
					 conditions on any permit, the commissioner must consider the effect of the
					 proposed alteration with reference to the public health and welfare, wildlife
					 resources, fishing, dangers from floods, hurricanes and storms, and protection
					 or enhancement of the several functions and benefits of the wetlands which are
					 listed in section 24-0105 of the act.
(b) No interim permit can be issued pursuant
					 to this Part unless the commissioner determines that the proposed alteration:
(1) is consistent with the policy of the act
					 to preserve, protect, and conserve freshwater wetlands and the benefits derived
					 from them, to prevent the despoliation and destruction of freshwater wetlands,
					 and to regulate the use and development of such wetlands in order to secure the
					 natural benefits of freshwater wetlands, consistent with the general welfare
					 and beneficial economic, social and agricultural development of the
					 State;
(2) is compatible with the
					 public health and welfare;
(3) is
					 reasonable and necessary; and
(4)
					 has no reasonable alternative on a site which is not a freshwater wetland or
					 adjacent area.
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 662 - Freshwater Wetlands-interim Permits › Section 662.7 - Enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Sanctions. Any
					 person who violates any provision of this Part, including any permit or order
					 issued according to this Part, will be subject to the administrative and
					 criminal sanctions set out in title 23 of article 71 of the Environmental
					 Conservation Law.
(b) Enforcement.
(1) The Attorney General, upon his or her own
					 initiative or upon complaint of the commissioner, shall prosecute persons
					 alleged to have violated any order of the commissioner pursuant to the act,
					 including but not limited to any provision of this Part or any permit issued
					 pursuant to this Part.
(2) The
					 commissioner has the right to seek equitable relief to restrain any violation
					 or threatened violation of any provisions of the act, including but not limited
					 to any provision of this Part or any permit issued pursuant to this
					 Part.
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 662 - Freshwater Wetlands-interim Permits › Section 662.8 - Permits and regulatory requirements under other legislation

Current through Register Vol. 46, No. 28, July 10, 2024
No provision of this Part relieves any person from the
						obligation to comply with any other applicable Federal, State, regional or
						local law or regulation.
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 662 - Freshwater Wetlands-interim Permits › Section 662.9 - Appeals and review

Current through Register Vol. 46, No. 28, July 10, 2024
Any appeal from a decision, order, or determination of
						the commissioner under this Part may be made to the board pursuant to title 11
						of the act and Part 647, or pursuant to article 78 of the Civil Practice Law
						and Rules.
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 662 - Freshwater Wetlands-interim Permits › Section 662.10 to 662.16 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 662 - Freshwater Wetlands-interim Permits › Section 662.17 to 662.19 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
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 663 - FRESHWATER WETLANDS PERMIT REQUIREMENTS › Section 663.1 - Purposes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
					 public policy of the State, as set forth in the Freshwater Wetlands Act, to
					 preserve, protect and conserve freshwater wetlands and the benefits derived
					 therefrom, to prevent the despoliation and destruction of freshwater wetlands,
					 and to regulate use and development of such wetlands to secure the natural
					 benefits of wetlands, consistent with the general welfare and beneficial
					 economic, social and agricultural development of the State. It is the purpose
					 of this Part to implement that policy by establishing regulations that:
(1) define the procedural requirements to be
					 followed in undertaking different activities in wetlands and in areas adjacent
					 to wetlands;
(2) establish
					 standards governing the issuance of permits by the department pursuant to the
					 act; and
(3) govern the
					 department's implementation of the act.
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 663 - FRESHWATER WETLANDS PERMIT REQUIREMENTS › Section 663.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Act means the
					 Freshwater Wetlands Act (article 24 and title 23 of article 71 of the
					 Environmental Conservation Law).
(b) Adjacent area means those areas of land
					 or water that are outside a wetland and within 100 feet (approximately 30
					 meters), measured horizontally, of the boundary of the wetland. However, the
					 department may establish an adjacent area broader than 100 feet (approximately
					 30 meters) where necessary to protect and preserve a wetland, as set forth in
					 subdivision 24-0701.2 of the Act and pursuant to Part 664 of this
					 Title.
(c) Agricultural activity
					 means:
(1) the activity of an individual
					 farmer or other landowner in:
(i) grazing and
					 watering livestock;
(ii) making
					 reasonable use of water resources for agricultural purposes;
(iii) harvesting the natural products of
					 wetlands;
(iv) the selective
					 cutting of trees;
(v) the
					 clear-cutting of vegetation, other than trees, for growing agricultural
					 products;
(vi) constructing winter
					 truck roads of less than five meters (approximately 16 feet) in width for
					 removing trees cut in accordance with subparagraph (iv) of this paragraph,
					 where construction is limited to cutting vegetation and compacting ice and does
					 not alter water flows;
(vii)
					 operating motor vehicles for agricultural purposes;
(viii) draining for growing agricultural
					 products;
(ix) erecting structures,
					 including fences, required to enhance or maintain the agricultural productivity
					 of the land;
(x) using chemicals
					 and fertilizers according to normally accepted agricultural practices, in order
					 to grow crops for human and animal consumption or use, in or adjacent to
					 wetlands, where authorized by other State, Federal or local laws; including
					 application of stabilized sludge as fertilizer when applied at agronomic
					 loading rates in accordance with a valid Part 360 or 364 landspreading permit;
					 or
(xi) otherwise engaging in the
					 use of wetlands for growing agricultural products such as crops, vegetables,
					 fruits or flowers; but
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 663 - FRESHWATER WETLANDS PERMIT REQUIREMENTS › Section 663.3 - Applicability of this part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This
					 Part provides the framework for the department's administration of the
					 freshwater wetlands regulatory protection program in those areas of the State
					 where the commissioner has promulgated an official map and the department,
					 rather than a local government, is the regulating authority.
(b) Permit applications must be filed with
					 and processed by the local government, in accordance with local laws and
					 regulations, for those areas of the State where the commissioner has
					 promulgated an official map and a local government has assumed the freshwater
					 wetlands regulating authority pursuant to section 24-0501 of the act and Part
					 665 of this Title.
(c) Permit
					 applications must be filed with the department and processed in accordance with
					 the department's Freshwater Wetlands Interim Permits regulations (Part 662),
					 for those areas of the State where the commissioner has not promulgated an
					 official map.
(d) Permit
					 applications must be filed with and processed by the department in accordance
					 with this Part for those areas of the State where the commissioner has
					 promulgated an official map, and:
(1) a local
					 government has not assumed regulatory authority pursuant to section 24-0501 of
					 the act and Part 665 of this Title; or
(2) a county has transferred regulatory
					 authority to the department pursuant to section 24-0503 of the act and Part
					 665; or
(3) the commissioner has
					 superseded local authority and retained jurisdiction pursuant to section
					 24-0503 of the act and Part 665.
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 663 - FRESHWATER WETLANDS PERMIT REQUIREMENTS › Section 663.4 - Regulatory procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 persons proposing to conduct, on wetlands or adjacent areas, activities which
					 have not been specifically exempted under section 24-0701 of the act, in the
					 statewide minimum land use regulations or under section
					 663.3,
					 663.4(d) or
					 663.7  of this Part, must
					 obtain either a permit or a letter of permission.
(b)
Preapplication procedures.
(1) Information on whether an activity
					 requires either a permit or a letter of permission, or whether the activity is
					 exempt from regulation, is provided in the statewide minimum land use
					 regulations for freshwater wetlands and in subdivision (d) of this
					 section.
(2) If a person wishing to
					 conduct an activity is in doubt about whether the activity is exempt or about
					 which procedural requirement applies, or wants to discuss with the department
					 any phase of the proposed project as it relates to the act or to other permit
					 programs, that person should contact the appropriate regional permit
					 administrator for a preapplication conference.
(3) Any person intending to submit an
					 application for a permit or letter of permission in the course of a
					 preapplication conference, request in writing, in a form and manner prescribed
					 by the department, that the commissioner confirm the classification, done
					 pursuant to Part 664 of this Title, of the wetland that would be affected by
					 the proposed activity. Within 20 working days of the department's receipt of
					 the request, the commissioner will decide either to confirm the existing
					 classification or to revise the classification on the basis of material new
					 information or materially changed wetland conditions. Within that same 20-day
					 period, the department shall send notice of the decision confirming or revising
					 the classification to the person who submitted the request. That person shall
					 not file a permit application until such notice has been provided. Where a
					 classification is revised, notice of the order setting forth the revised
					 classification will also be given and published, and a copy of such order shall
					 be filed, as provided in Part 664 of this Title. Once the wetland's
					 classification has been confirmed or revised pursuant to this paragraph and the
					 procedures set out in Part 664 of this Title, and the permit application that
					 was the subject of the preapplication conference has been filed, no further
					 department-initiated change in the wetland's classification shall change the
					 standard for permit issuance applied to that application.
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 663 - FRESHWATER WETLANDS PERMIT REQUIREMENTS › Section 663.6 - Continuance of interim permits; pending applications

Current through Register Vol. 46, No. 28, July 10, 2024
At the time of this Part becomes effective in a
						particular area, some persons in that area will have already obtained wetlands
						interim permits or will have applied for them in accordance with the
						department's freshwater wetlands interim permit regulations (Part 662 of this
						Title).
(a) A person who has already
					 obtained an interim permit for a particular project may rely on it, and need
					 not obtain any additional permit or letter of permission under this Part,
					 except as described in subdivision (b) of this section. If the project for
					 which the permit was issued is located in a village, town, city or county which
					 has adopted a local law or ordinance and is implementing the act in accordance
					 with section 24-0501 of the act and Part 665 of this Title, no additional
					 permit for the project will be required under that local legislation, but the
					 commissioner will forward to the local government a copy of the interim
					 permit.
(b) Upon receipt of an
					 application for renewal or extension of an interim permit, the department may,
					 as per section
					 621.11 
					 of this Title, treat such a renewal or extension as a new application under
					 Part 663. Furthermore, the department may modify, suspend or revoke such an
					 interim permit pursuant to section
					 621.13 
					 of this Title.
(c) If an
					 application for an interim permit has been submitted for a proposed project and
					 a decision on that application has not been made at the time this Part becomes
					 effective, the department will retain regulatory jurisdiction over that
					 application and will treat the application as an application for a permit or
					 letter of permission under this Part. Accordingly, additional information may
					 then be required in order to comply with this Part.
(d) If the proposed project described in
					 subdivision (b) or (c) of this section is located in a village, town, city or
					 county which has assumed regulatory authority pursuant to section 24-0501 of
					 the act and Part 665 of this Title, the department staff will consult with the
					 local government prior to making a decision on the application.
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 663 - FRESHWATER WETLANDS PERMIT REQUIREMENTS › Section 663.7 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 663 - FRESHWATER WETLANDS PERMIT REQUIREMENTS › Section 663.8 - Appeals and review

Current through Register Vol. 46, No. 28, July 10, 2024
An appeal from, or an application for review of, a
						decision, determination or order under this Part may be made to the freshwater
						wetlands appeals board or to a court of competent jurisdiction in accordance
						with the provisions of title 11 of the act.
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 663 - FRESHWATER WETLANDS PERMIT REQUIREMENTS › Section 663.9 - Relation to other laws

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
					 provision of this Part shall relieve any person from the obligation to comply
					 with any other applicable Federal, State or local law or regulation.
					 Individuals should be aware that local governments may regulate wetlands
					 irrespective of the act and this Part.
(b) No area which is treated as a tidal
					 wetland under Part 661 of this Title shall be deemed a freshwater wetland under
					 this Part. However, a freshwater wetland within the adjacent area of a tidal
					 wetland, or a tidal wetland within the adjacent area of a freshwater wetland,
					 or an area contained within the adjacent areas of both a tidal wetland and a
					 freshwater wetland, shall be subject to both this Part and Part 661 of this
					 Title.
(c) All actions taken
					 pursuant to this Part shall conform to the State Administrative Procedure
					 Act.
(d) The system of wetlands
					 classification upon which this Part is based and which local governments must
					 use in administering their local freshwater wetlands protection program is
					 presented in Part 664 of this Title. That Part, which is administered by the
					 department, describes the benefits of wetlands cited in the act and the
					 characteristics associated with them.
(e) Regulations governing permit
					 administration by the department prior to promulgation of official maps are
					 presented in Part 662 of this Title.
(f) The statewide minimum land use
					 regulations are contained in Part 665 of this Title.
(g) The regulations governing local
					 government assumption of jurisdiction and administration of the act pursuant to
					 title 5 of article 24 are contained in Part 665 of this Title.
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 663 - FRESHWATER WETLANDS PERMIT REQUIREMENTS › Section 663.10 - Enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Sanctions. No
					 person shall violate the terms or conditions of either a permit or a letter of
					 permission. Civil and criminal sanctions for violation of the act or of this
					 Part are set out in title 23 of article 71 of the Environmental Conservation
					 Law.
(b) Abatement of pollution.
					 Where any freshwater wetlands have been damaged or endangered by pollution or
					 are subject to pollution, the commissioner may take all appropriate action to
					 abate the pollution, including instituting summary abatement proceedings as set
					 forth in section 71-0301(1) of article 71 of the Environmental Conservation
					 Law. The commissioner may restrict or order cessation of solid waste disposal,
					 deep well disposal, or liquid waste disposal, where such is polluting a
					 freshwater wetland.
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 663 - FRESHWATER WETLANDS PERMIT REQUIREMENTS › Section 663.11 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
This Part will become effective in a particular county
						for those wetlands that will be under department jurisdiction, as set out in
						section
						663.3 
						of this Part, when the final freshwater wetlands map for that county has been
						promulgated pursuant to section 24-0301(5) of the act.
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 664 - Freshwater Wetlands Maps And Classification › Section 664.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
					 applies to all wetlands regulated under the Freshwater Wetlands Act, whether
					 regulated by the department or by towns, cities, villages or counties. The
					 department alone shall map and classify wetlands, regardless of which agency is
					 implementing the act in a particular locality, except that the Adirondack Park
					 Agency shall classify the wetlands within the Adirondack Park.
(b) Where the department is the regulating
					 authority, the wetlands classification system presented in this Part takes
					 effect in the department's freshwater wetlands permit requirements regulations,
					 Part 663 of this Title. In Part 663, standards for the issuance of permits are
					 provided for each of the four wetland classes described in sections
					 664.5 and
					 664.6 
					 of this Part.
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 664 - Freshwater Wetlands Maps And Classification › Section 664.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Act means the
					 Freshwater Wetlands Act (article 24 and title 23 of article 71 of the
					 Environmental Conservation Law).
(b) Adjacent area means those areas of land
					 or water that are outside a wetland and within 100 feet (approximately 30
					 meters), measured horizontally, of the boundary of the wetland. However, an
					 adjacent area broader than 100 feet (approximately 30 meters) may be
					 established where necessary to protect and preserve the wetland, as set forth
					 in section
					 664.7 
					 of this Part.
(c) Boundary of a
					 wetland means the outer limit of the vegetation specified in paragraphs (a) and
					 (b) of subdivision 1 of section 24-0107 of the act and of the lands and waters
					 specified in paragraphs (c) and (d) of such subdivision.
(d) Commissioner means the Commissioner of
					 the Department of Environmental Conservation or a duly authorized
					 representative.
(e) Department
					 means the Department of Environmental Conservation.
(f) Freshwater wetland or wetland means lands
					 and waters of the State which meet the definition provided in section
					 24-0107(1) of the act and have an area of at least 12.4 acres (approximately 5
					 hectares) or, if smaller, have unusual local importance as determined by the
					 commissioner pursuant to section 24- 0301(1) of the act.
(g) Freshwater wetlands map or map means a
					 final freshwater wetlands map promulgated by the commissioner pursuant to
					 section 24-0301(5) of the act, or such a map that has been amended or adjusted
					 pursuant to section
					 664.7 
					 of this Part, on which are indicated the approximate location of the actual
					 boundaries of wetlands.
(h) Local
					 government means a village, town, city or county.
(i) Permit means the written approval, issued
					 by the commissioner or a local government, where required for the conducting of
					 a regulated activity in a wetland or adjacent area, in accordance with title 7
					 of the act.
(j) Person means any
					 corporation, firm, partnership, association, trust, estate, one or more
					 individuals, or any unit of Federal, State or local government, or any agency
					 or subdivision thereof, including any State department, bureau, commission,
					 board or other agency, public authority or public benefit
					 corporation.
(k) Pollution means
					 the presence in the environment of human-induced conditions or contaminants in
					 quantities or characteristics which are or may be injurious to human, plant or
					 animal life or to property.
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 664 - Freshwater Wetlands Maps And Classification › Section 664.5 - Classification system

Current through Register Vol. 46, No. 28, July 10, 2024
Not all wetlands supply equally the benefits explained in
						section
						664.3(b) 
						of this Part. The degree to which wetlands supply benefits depends upon many
						factors, including: their vegetative cover, their ecological associations,
						their special features, their hydrological and pollution control features, and
						their distribution and location; and these may vary considerably from wetland
						to wetland. Because of this variation, the act requires the commissioner to
						classify wetlands in a way that recognizes that not all wetlands are of equal
						value. This section establishes four ranked regulatory classes of wetlands,
						depending upon the degree of benefits supplied. The benefits cited in section
						24-0105(7) of the act are translated into discernible wetland characteristics,
						and these characteristics are used to classify wetlands. Section
						664.6 
						of this Part describes each characteristic in some detail and discusses the
						benefits supplied by a wetland when it contains that characteristic.
(a) Class I wetlands. A wetland shall be a
					 class I wetland if it has any of the following seven enumerated
					 characteristics:
Ecological Associations
(1) It is a classic kettlehole bog
					 (664.6[b][2]); [FN*]
Special Features
(2) It is resident habitat of an endangered
					 or threatened animal species (664.6 [c][2] and [4]);
(3) It contains an endangered or threatened
					 plant species (664.6[c][4]);
(4) It
					 supports an animal species in abundance or diversity unusual for the State or
					 for the major region of the State in which it is found (664.6[c][1] and [6]);
Hydrological and Pollution Control Features
(5) It is tributary to a body of
					 water which could subject a substantially developed area to significant damage
					 from flooding or from additional flooding should the wetland be modified,
					 filled or drained (664.6[d][1]);
(6) It is adjacent or contiguous to a
					 reservoir or other body of water that is used primarily for public water
					 supply, or it is hydraulically connected to an aquifer which is used for public
					 water supply (664.6[d][2],[3] and [4]); or
Other
(7) It contains four or more of the
					 enumerated class II characteristics. The department may, however, determine
					 that some of the characteristics are duplicative of each other, therefore do
					 not indicate enhanced benefits, and so do not warrant class I classification.
					 Each species to which paragraphs (b)(6)- (8) of this section apply shall be
					 considered a separate class II characteristic for this purpose.
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 664 - Freshwater Wetlands Maps And Classification › Section 664.8 - Appeals and review

Current through Register Vol. 46, No. 28, July 10, 2024
An appeal from, or an application for review of, a
						decision, determination or order under this Part may be made to the freshwater
						wetlands appeals board or to a court of competent jurisdiction in accordance
						with the provisions of title 11 of the act.
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 664 - Freshwater Wetlands Maps And Classification › Section 664.9 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall take effect within the boundaries of a
						particular local government upon the filing of a final freshwater wetlands map,
						promulgated pursuant to section 24-0301(5) of the act, in the office of the
						clerk of that local government.
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 665.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
					 public policy of the State, as reflected in the provisions of the Freshwater
					 Wetlands Act, to provide the opportunity for local protection of freshwater
					 wetlands and the benefits derived from them and to provide the opportunity for
					 local regulation of the use and development of such wetlands to secure those
					 benefits. It is the purpose of this Part to implement that policy by
					 establishing regulations that:
(1) define the
					 procedural requirements for the assumption of local regulatory
					 authority;
(2) define the
					 procedural requirements for the review and issuance of permits by a local
					 government;
(3) establish standards
					 and criteria for local government performance; and
(4) define the relationships between a local
					 government and other jurisdictions.
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 665.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Act means the
					 Freshwater Wetlands Act (article 24 and title 23 of article 71 of the
					 Environmental Conservation Law).
(b) Adjacent area means those areas of land
					 or water that are outside a wetland and within 100 feet (approximately 30
					 meters), measured horizontally, of the boundary of the wetland. However, the
					 department may establish an adjacent area broader than 100 feet (approximately
					 30 meters) where necessary to protect and preserve a wetland, as set forth in
					 subdivision 24-0701.2 of the act and pursuant to section
					 664.7 
					 of this Title. A local government may also extend a wetland adjacent area in
					 its jurisdiction where necessary to protect and preserve the wetland. Such an
					 extension shall not become effective until the local government has provided
					 the opportunity for public notice and hearing. The local government shall
					 provide a minimum of 30 days' notice to the public, affected landowners,
					 easement owners and the department of proposed extensions.
(c) Agricultural activity means:
(1) the activity of an individual farmer or
					 other landowner in:
(i) grazing and watering
					 livestock;
(ii) making reasonable
					 use of water resources for agricultural purposes;
(iii) harvesting the natural products of
					 wetlands;
(iv) the selective
					 cutting of trees;
(v) the
					 clear-cutting of vegetation, other than trees, for growing agricultural
					 products;
(vi) constructing winter
					 truck roads of less than five meters (approximately 16 feet) in width for
					 removing timber cut in accordance with subparagraph (iv) of this paragraph,
					 where construction is limited to cutting vegetation and compacting ice and does
					 not alter water flows;
(vii)
					 operating motor vehicles for agricultural purposes;
(viii) draining for growing agricultural
					 products;
(ix) erecting structures,
					 including fences, required to enhance or maintain the agricultural productivity
					 of the land;
(x) using chemicals
					 and fertilizers according to normally accepted agricultural practices, in order
					 to grow crops for human and animal consumption or use, in or adjacent to
					 wetlands, where authorized by other State, Federal or local laws; including
					 application of stabilized sludge as fertilizer when applied at agronomic
					 loading rates in accordance with a valid 6 NYCRR Part 360 or Part 364
					 landspreading permit; or
(xi)
					 otherwide engaging in the use of wetlands for growing agricultural products
					 such as crops, vegetables, fruits or flowers; but
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 665.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
					 provides the framework for local government administration of a freshwater
					 wetlands regulatory protection program in those areas of the State where the
					 commissioner has promulgated an official map and a local government, rather
					 than the department, is the regulatory authority.
(b) Permit applications must be filed with
					 and processed by the department in accordance with the department's freshwater
					 wetlands permit regulations (Part 663 of this Title) for those areas of the
					 State where the commissioner has promulgated an official map and:
(1) a local government has not assumed
					 regulatory authority pursuant to section 24-0501 of the act and this
					 Part;
(2) a county has transferred
					 regulatory authority to the department pursuant to section 24-0503 of the act
					 and section
					 665.4(k) 
					 of this Part; or
(3) the
					 commissioner has superseded local authority and retained jurisdiction pursuant
					 to section 24-0503 of the act and section
					 665.12 
					 of this Part.
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 665.4 - Assumption of regulatory authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A local government must adopt a local
					 freshwater wetlands protection law or ordinance pursuant to section 24-0501 of
					 the act and this Part in order to assume regulatory authority within its
					 jurisdiction. The local law or ordinance must:
(1) be applicable to all freshwater wetlands
					 wholly or partially within the local government's jurisdiction;
(2) be no less protective of freshwater
					 wetlands, and no less effective in its administrative and judicial review, than
					 the act; and
(3) not regulate
					 activities exempted from regulation by section 24-0701 of the act as set forth
					 in section
					 665.2(x)(1)-(3) 
					 of this Part.
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 665.5 - Standards for technical and administrative capability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Standards for technical capability.
(1) A local government's freshwater wetlands
					 protection program must be no less protective than the policy and procedures
					 contained in the act and this Part. Permit applications must be reviewed by a
					 person(s) with training and experience adequate to:
(i) consider the effects of specific
					 proposals on the functioning and benefits of the specific wetland(s) affected
					 as specified in subdivision 24-0105.7 of the act;
(ii) determine whether the proposed use is
					 consistent with applicable minimum land-use regulations weighed against
					 standards for permit issuance applied to a wetland's classification pursuant to
					 section
					 665.7 
					 of this Part;
(iii) assess an
					 applicant's proposals to enhance, mitigate or compensate for existing wetlands
					 benefits;
(iv) prepare and/or
					 grant, deny or condition a permit; and
(v) enter his/her findings and supporting
					 rationale in the public record.
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 665.8 - Variances from statewide minimum land-use regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In accordance with subdivision 24-0903.2
					 of the act, a local government that has assumed regulatory authority pursuant
					 to this Part may submit within six months of receipt, and then annually to the
					 commissioner a proposed variance from the statewide minimum land-use
					 regulations in section
					 665.7(g) 
					 of this Part to govern wetlands within its boundaries.
(b) Such a proposed variance must be
					 consistent with the purposes of the act and may be more or less restrictive
					 than the statewide minimum land-use regulations. Where less restrictive, the
					 proposed variance must be accompanied by supporting material setting forth,
					 among other things, that there are overriding economic and social
					 considerations vital to the growth and economic base of the local government
					 that clearly require such variance.
(c) The commissioner must hold a public
					 hearing in the area in which the affected wetlands are located, after giving 15
					 days prior notice of the hearing by publishing at least once in a newspaper
					 having general circulation in the area of the local government proposing a
					 variance. Notice of the proposed variance must be published as a notice of
					 proposed agency action in the State Register.
(d) If the commissioner approves the
					 variance, he must promulgate the local variance as an amendment to the
					 statewide minimum land-use regulations within 30 days of the hearing and after
					 publishing a notice at least once in two newspapers having general circulation
					 in the area of the local government concerned and make the variance available
					 for public inspection and review. The variance does not take effect until the
					 notice and review requirements of the State Administrative Procedure Act have
					 been satisfied and the amendment has been filed with the Secretary of State and
					 until 30 days after its filing with the clerk of the county in which the local
					 government is located.
(e) If the
					 commissioner does not approve the variance, any person aggrieved by that
					 decision may seek review pursuant to section
					 665.14  of this
					 Part.