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 660 - Tidal Wetlands-moratorium Permits › Section 660.2 - Moratorium permit required

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall alter the state of any tidal wetland or
						adjacent area prior to the effective date of the land-use regulations adopted
						by the commissioner pursuant to the act unless such person has submitted a
						petition and has obtained a moratorium permit for such alteration from the
						department; provided, however, in connection with applications under articles
						seven and eight of the Public Service Law, the Public Service Commission and
						the New York State Board on Electric Generating Siting and the Environment,
						respectively, will apply the provisions of this Part in determining whether to
						issue a certificate of public need and environmental compatibility; and
						provided, further, that this Part shall not apply to any alteration of the
						state of any tidal wetland or adjacent area:
(a) with respect to which alteration a
					 permit, pursuant to Part 608 of this Title shall have been issued prior to
					 September 1, 1973, or
(b) which
					 tidal wetland or adjacent area is now or hereafter appropriated by the State or
					 any department or agency thereof under the power of eminent domain for a valid
					 public purpose, or
(c) if the
					 activity is exempt from regulation under this Part pursuant to section
					 25-0401(4) of the act (relating to certain public health activities).
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 660 - Tidal Wetlands-moratorium Permits › Section 660.3 - Petition for moratorium permit; determinations of non-applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A petition for
					 a moratorium permit shall be filed by the petitioner with the local tidal
					 wetland permit administrator on forms provided by the department. Such petition
					 shall set forth the purpose, character and extent of the proposed alteration of
					 the state of the tidal wetlands or adjacent area, shall set forth with
					 particularity the hardship of the petitioner and shall be accompanied by such
					 maps, drawings, surveys and other information as may be required by the
					 department. A petition shall not be deemed to be received until the local tidal
					 wetland permit administrator determines that all such information has been
					 supplied in a complete and satisfactory form.
(b) A petitioner shall be required, unless
					 waived by the commissioner, to file with the petition an undertaking in an
					 amount fixed by the local tidal wetland permit administrator to guarantee
					 payment for the costs of the public hearing, including payment for a reporter
					 and the costs of the department for a transcript of the hearing and for
					 physical accommodations for the holding of the hearing if not in department
					 facilities.
(c) The local tidal
					 wetlands permit administrator may, on request of the petitioner or on his own
					 motion, treat the petition as a request for a determination that the act does
					 not apply to the work proposed in the petition. If he determines that the
					 proposed work does not constitute an alteration or is on lands immediately
					 adjacent to a tidal wetland which are not necessary to preserve in order to
					 effectuate the policies and provisions of the act, he shall so notify the
					 petitioner in writing. Any person may petition the commissioner for review of
					 such determination.
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 660 - Tidal Wetlands-moratorium Permits › Section 660.4 - Publication of notice of petition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The local tidal wetland permit
					 administrator shall provide the petitioner with a "notice of petition" form
					 which shall:
(1) State the name of the
					 petitioner;
(2) Outline the
					 location and the scope of the proposed alteration of tidal wetlands or adjacent
					 areas and indicate the basis for the petitioner's claim of hardship;
(3) Specify the date, time and place of the
					 public hearing on the petition;
(4)
					 State that the petition and supporting documents are available for public
					 inspection at the appropriate regional office of the department;
(5) Specify that persons wishing to be deemed
					 parties in interest and eligible to be heard at such public hearing, if any,
					 shall file a notice of appearance, together with a statement of the precise
					 grounds of support of, opposition to or interest in the petition, with the
					 local tidal wetland permit administrator by 4:45 p.m. of the fourth business
					 day next preceding the date of the public hearing. Filing for this purpose
					 shall require actual receipt in the office of the local tidal wetland permit
					 administrator; and
(6) Specify that
					 if no notices of appearance are timely filed by any party in interest, then the
					 public hearing may be cancelled by the local tidal wetland permit
					 administrator.
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 660 - Tidal Wetlands-moratorium Permits › Section 660.5 - Standards for the issuance of a moratorium permit; burden of proof

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The petitioner
					 shall establish to the satisfaction of the commissioner that he will suffer a
					 hardship if the moratorium permit is not issued. In the absence of satisfactory
					 evidence of hardship, no moratorium permit may be issued.
(b) The basis for the issuance of a
					 moratorium permit shall be a determination that the petitioner has established
					 that the proposed alteration of the state of the tidal wetland is not contrary
					 to
(1) the policy of the State to preserve and
					 protect tidal wetlands, to prevent their despoliation and destruction and to
					 give due consideration to the reasonable economic and social development of the
					 State; and
(2) the provisions of
					 the act.
The burden of proof shall be on the petitioner to
						establish that the proposed alteration is not contrary to such policy or
						provisions. In granting, denying or limiting any moratorium permit, the
						commissioner shall consider the compatibility of the proposed activity with
						reference to the public health and welfare, marine fisheries, shell-fisheries,
						wildlife, flood and hurricane and storm dangers and the legislative findings
						contained in section 1 of chapter 790 of the Laws of 1973.
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 660 - Tidal Wetlands-moratorium Permits › Section 660.6 - Public hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Hearing officer. The public hearing upon a petition for a moratorium permit
					 shall be conducted by a hearing officer designated by the
					 commissioner.
(b) Public hearing
					 within 30 days of the petition. The public hearing upon the petition shall be
					 held within 30 days of receipt by the local tidal wetland permit administrator
					 of the petition for a moratorium permit, shall be conducted expeditiously and
					 shall, insofar as practicable, continue from day to day exclusive of holidays
					 and weekends. Insofar as practicable, the public hearing will be held in the
					 municipality where the affected tidal wetlands are located.
(c) Parties.
(1) Parties to the public hearing upon a
					 petition for a moratorium permit shall be the parties in interest.
(2) The hearing officer may, if in his
					 discretion he determines it to be in the public interest, permit any person to
					 intervene as a party in interest, notwithstanding the failure of such person to
					 file a timely notice of appearance. With respect to any such person, the
					 hearing officer may permit such intervention solely for the purpose of making
					 or filing a statement, receiving copies of notices with respect to the
					 petition, presenting evidence, cross-examining witnesses or for any or all of
					 such purposes as he in his discretion shall deem to be in the public interest.
					 Public interest for the purposes of this paragraph shall include the
					 presentation of all relevant views without unnecessary repetition and the
					 avoidance of irrelevant or repetitious material in the record of the
					 hearing.
(3) The hearing officer
					 may also designate a spokesman for parties in interest who represent a common
					 organization or a substantially identical interest or viewpoint and may
					 similarly designate a single party in interest to receive notice on behalf of
					 such parties in interest.
(4)
					 Parties in interest shall be afforded an opportunity to present written
					 arguments on issues of law or policy and an opportunity to present evidence on
					 issues of fact and shall have the right of cross-examination; provided,
					 however, that irrelevant or repetitious cross-examination may be excluded at
					 the discretion of the hearing officer. The rules of evidence shall not apply to
					 such a public hearing.
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 660 - Tidal Wetlands-moratorium Permits › Section 660.7 - Issuance or denial of moratorium permit

Current through Register Vol. 46, No. 28, July 10, 2024
The moratorium permit may be issued or the petition for
						such permit may be denied by either the commissioner or, where the hearing has
						been waived pursuant to subdivision (g) of section
						660.6  of this
						Part, the central tidal wetland permit administrator. Such permit may be issued
						subject to such conditions or limitations, including bonding requirements, as
						may be necessary to assure the preservation and protection of the tidal wetland
						consistent with the alteration permitted or otherwise to assure compliance with
						the policy and provisions 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 660 - Tidal Wetlands-moratorium Permits › Section 660.8 - Mandatory conditions of moratorium permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every moratorium permit shall require
					 that, not less than five days before the date of construction will begin on the
					 project for which the moratorium permit has been issued, the holder of a
					 moratorium permit shall notify the local tidal wetland permit administrator of
					 such date.
(b) The moratorium
					 permit shall be conditioned upon the right of the department to inspect such
					 project from time to time.
(c) The
					 moratorium permit shall expire on a date determined by the central tidal
					 wetland permit administrator or the date of filing with the county clerk of
					 final boundary lines for the tidal wetland or portion thereof which is the
					 subject of such moratorium permit, whichever is earlier.
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 660 - Tidal Wetlands-moratorium Permits › Section 660.9 - Notice of determination and record of proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All actions taken by the central tidal
					 wetland permit administrator or commissioner denying a petition, or granting,
					 suspending or revoking a moratorium permit shall be in writing and shall be
					 accompanied by a written statement of his findings and the reasons for all such
					 actions taken, and shall be sent by registered mail to the parties in interest
					 and to the chief administrative officer of each municipality within whose
					 boundaries the affected tidal wetlands or portion thereof is located; provided,
					 however, in the case of an uncontested petition for which no hearing has been
					 held the requirement for a written statement shall be satisfied, if the
					 petition is granted, by the issuance of a moratorium permit.
(b) The official record of the proceedings on
					 the petition for a moratorium permit will be available for inspection by any
					 person in the appropriate regional office of the department.
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 660 - Tidal Wetlands-moratorium Permits › Section 660.10 - Extension of expiration date

Current through Register Vol. 46, No. 28, July 10, 2024
The expiration date of the moratorium permit, if prior to
						the date of filing with the county clerk of final boundary lines for the tidal
						wetland which is the subject of such moratorium permit, may be extended by the
						central tidal wetland permit administrator for good cause shown upon a written
						request to him filed not later than 45 days prior to the expiration date and
						upon simultaneous notice to the parties in interest by the holder of the
						moratorium permit. Such request shall set forth the grounds for such extension.
						The holder of the moratorium permit shall be required to serve the parties in
						interest at his own expense with a copy of the documents evidencing the action
						of the central tidal wetland permit administrator with respect to such
						requested extension.
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 660 - Tidal Wetlands-moratorium Permits › Section 660.11 - Modification of permit

Current through Register Vol. 46, No. 28, July 10, 2024
If conditions are revealed during construction which will
						require minor modification of already approved plans and specifications, the
						moratorium permit may be amended upon written application to the central tidal
						wetland permit administrator who may for good cause shown permit such amendment
						if such modification will not be contrary to the policy or provisions of the
						act; provided, however, that in cases of doubt as to the substantiality of such
						modification or whether or not it will be contrary to the policy or provisions
						of the act, the central tidal wetlands permit administrator shall treat such
						application as a petition for a moratorium permit and require the holder of a
						moratorium permit to file a new petition under section
						660.3 
						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 660 - Tidal Wetlands-moratorium Permits › Section 660.12 - Revocation or suspension of moratorium permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A moratorium permit may be suspended by
					 the commissioner at any time upon one or more of the following grounds:
(1) Materially false or inaccurate statements
					 were made in the petition or supporting papers;
(2) The holder of a moratorium permit has
					 failed to comply with any of the conditions and limitations set forth in the
					 moratorium permit;
(3) The holder
					 of a moratorium permit has exceeded the scope of the work as set forth in the
					 petition;
(4) Conditions are
					 revealed during construction which will require modification of already
					 approved plans and specifications and no amendment to the moratorium permit has
					 been approved by the central tidal wetlands permit administrator pursuant to
					 section
					 660.11  of
					 this Part.
(5) Conditions are
					 revealed following issuance of the moratorium permit which may require
					 modification or cancellation thereof in order to achieve the policy 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 660 - Tidal Wetlands-moratorium Permits › Section 660.13 - Joint proceedings under other laws and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the event that a petitioner for a
					 moratorium permit is also required to apply for a permit, license, certificate
					 or other approval pursuant to Part 608 of this Title, or any other Part of this
					 Title or any section of the Environmental Conservation Law, the local permit
					 agent, the central permit agent or other official before whom such application
					 is pending shall insofar as possible process any or all such applications in
					 the same proceeding as the petition for a moratorium permit and in the event of
					 any procedural inconsistencies between this Part and such other Part, he may,
					 insofar as permitted by statute, follow the procedures of this Part for any and
					 all such applications.
(b) The
					 commissioner may, by mutual agreement with any municipality within whose
					 boundary the affected tidal wetland or portion thereof is located or any other
					 Federal, State or local body having jurisdiction over the subject matter of the
					 petition for a moratorium permit or any work related to such subject matter,
					 provide for joint processing of any such petition with any application for a
					 permit or other proceeding required by such municipality or body, including
					 provision for joint notices and hearings.
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 661 - Tidal Wetlands-land Use Regulations › Section 661.1 - Purpose of this part

Current through Register Vol. 46, No. 28, July 10, 2024
It is the public policy of the State, as set forth in the
						Tidal Wetlands Act, to preserve and protect tidal wetlands, and to prevent
						their despoliation and destruction, giving due consideration to the reasonable
						economic and social development of the State. It is the purpose of this Part to
						implement that policy by establishing regulations that allow only those uses of
						tidal wetlands and areas adjacent thereto that are compatible with the
						preservation, protection and enhancement of the present and potential values of
						tidal wetlands (including but not limited to their value for marine food
						production, wildlife habitat, flood and hurricane and storm control,
						recreation, cleansing ecosystems, absorption of silt and organic material,
						education and research, and open space and aesthetic appreciation), that will
						protect the public health and welfare, and that will be consistent with the
						reasonable economic and social development of the State.
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 661 - Tidal Wetlands-land Use Regulations › Section 661.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to any tidal wetland, the final
						bounds of which have been established by an order of the commissioner pursuant
						to section 25-0201 of the Act and to any adjacent area. Any such order shall
						become effective on the date it is filed in the office of the clerk of the
						county in which such wetland is located. These regulations shall be applicable
						in the following areas: Suffolk County, Nassau County, all boroughs of the City
						of New York, Westchester County and Rockland County.
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 661 - Tidal Wetlands-land Use Regulations › Section 661.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following terms when used in this Part shall have the
						following meanings:
(a) Act shall mean
					 the Tidal Wetlands Act (article 25 of the Environmental Conservation Law as
					 from time to time amended).
(b)
(1) Adjacent area shall mean any land
					 immediately adjacent to a tidal wetland within whichever of the following
					 limits is closest to the most landward tidal wetland boundary, as such most
					 landward tidal wetlands boundary is shown on an inventory map (see explanatory
					 figures 1-6):
(i) 300 feet landward of said
					 most landward boundary of a tidal wetland, provided, however, that within the
					 boundaries of the City of New York this distance shall be 150 feet (see figure
					 1); or
(ii) to the seaward edge of
					 the closest lawfully and presently existing (i.e., as of August 20, 1977),
					 functional and substantial fabricated structure (including, but not limited to,
					 paved streets and highways, railroads, bulkheads and sea walls, and rip-rap
					 walls) which lies generally parallel to said most tidal wetland landward
					 boundary and which is a minimum of 100 feet in length as measured generally
					 parallel to such most landward boundary, but not including individual buildings
					 (see figure 2); or
(iii) to the
					 elevation contour of 10 feet above mean sea level, except when such contour
					 crosses the seaward face of a bluff or cliff, or crosses a hill on which the
					 slope equals or exceeds the natural angle of repose of the soil, then to the
					 topographic crest of such bluff, cliff, or hill (see figures 3 and 4). Pending
					 the determination by the commissioner in a particular case, the most recent, as
					 of the effective date of this Part, topographical maps published by the United
					 States geological survey, Department of the Interior, having a scale of
					 1:24,000, shall be rebuttable presumptive evidence of such 10 foot
					 elevation.
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 661 - Tidal Wetlands-land Use Regulations › Section 661.5 - Use guidelines

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Any type of use designated in this
					 section as a
use not requiring a permit
for the type of area
					 involved is not subject to the permit requirements of this Part.
(2) Any type of use designated in this
					 section as a
generally compatible use
for the type of area
					 involved is generally compatible with that type of area and with the
					 preservation, protection and enhancement of the present and potential value of
					 tidal wetlands if undertaken in that area. The compatibility of a particular
					 use depends on the particular location, design and probable impact of the
					 proposed use. Generally compatible uses are subject to the permit requirements
					 of this Part.
(3) Any type of use
					 designated in this section as a
presumptively incompatible use
for the type of area involved shall be presumed not to be compatible with the
					 type of area involved or with the preservation, protection or enhancement of
					 the present and potential values of tidal wetlands if undertaken in that area.
					 Any such use is subject to the permit requirements of this Part.
(4) Any type of use designated in this
					 section as an
incompatible use
is not compatible with the type
					 of area involved or with the preservation, protection or enhancement of the
					 present and potential values of tidal wetlands if undertaken in that area. Any
					 such use is subject to the permit requirements of this Part.
(i) Nothing in this subdivision shall be
					 deemed to remove any burden of proof imposed on an applicant by section
					 661.9 
					 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 661 - Tidal Wetlands-land Use Regulations › Section 661.7 - Uses not requiring a permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any use, where otherwise legally
					 permitted, listed in section
					 661.5  of this Part
					 as a use not requiring a permit (NPN) for a particular tidal wetland zone or
					 for an adjacent area, may be undertaken in such tidal wetland zone or adjacent
					 area without a permit under this Part, provided such activity does not involve
					 a regulated activity.
(b) Any
					 alteration of a tidal wetland or adjacent area with respect to which a
					 moratorium permit has been issued pursuant to Part 660 of this Title, or with
					 respect to which a permit pursuant to Part 608 of this Title shall have been
					 issued prior to September 1, 1973, may be undertaken or continued pursuant to
					 the terms of such permit without a permit under this Part; provided, however,
					 that any such alteration that is defined in this Part as a regulated activity,
					 shall be treated for all purposes as a new activity under the provisions of
					 this Part as of August 20, 1977, if such activity has not been substantially
					 commenced as of that date. The department may extend the exemption herein
					 provided for an alteration covered by a moratorium permit or Part 608 permit
					 beyond August 20, 1977, if in the department's judgment the pertinent natural
					 or man-made conditions which existed at and adjacent to the site at the time
					 such permit was issued have not substantially changed and the site is still
					 suitable for the permitted activity. Notwithstanding the foregoing, no
					 alteration of a tidal wetland zone or adjacent area authorized by a permit
					 pursuant to Part 660 or 608 of this Title that is treated as an incompatible
					 use for such zone or area under section
					 661.5  of this Part
					 shall be undertaken or continued in that zone or area after August 20, 1977,
					 except in compliance with the provisions 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 661 - Tidal Wetlands-land Use Regulations › Section 661.8 - Permit requirements

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall conduct a new regulated activity on or
						after August 20, 1977 on any tidal wetland or any adjacent area unless such
						person has first obtained a permit pursuant to this Part. Regulated activities
						for each type of tidal wetland zone and for adjacent areas include, but are not
						limited to, all types of uses specifically listed in section
						661.5  of this Part
						as generally compatible use--permit required (GCp), presumptively in compatible
						use (PIp), and incompatible use (I) for the type of area
						involved.
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 661 - Tidal Wetlands-land Use Regulations › Section 661.9 - Standards for issuance of permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Burden of proof. The applicant shall have
					 the burden of establishing that the applicable standards of this section will
					 be met.
(b) Standards for permits
					 on any tidal wetland.
(1) Overall standards.
					 The department shall issue a permit for a proposed regulated activity on any
					 tidal wetland only if it is determined that the proposed activity:
(i) is compatible with the policy of the act
					 to preserve and protect tidal wetlands and to prevent their despoliation and
					 destruction in that such regulated activity will not have an undue adverse
					 impact on the present or potential value of the affected tidal wetland area or
					 adjoining or nearby tidal wetland areas for marine food production, wildlife
					 habitat, flood and hurricane and storm control, cleansing ecosystems,
					 absorption of silt and organic material, recreation, education, research, or
					 open space and aesthetic appreciation, as more particularly set forth in the
					 findings in section
					 661.2  of this Part,
					 taking into account the social and economic benefits which may be derived from
					 the proposed activity;
(ii) is
					 compatible with the public health and welfare;
(iii) is reasonable and necessary, taking
					 into account such factors as reasonable alternatives to the proposed regulated
					 activity and the degree to which the activity requires water access or is water
					 dependent;
(iv) complies with the
					 development restrictions contained in section
					 661.6  of
					 this Part; and
(v) complies with
					 the use guidelines contained in section
					 661.5  of this
					 Part. If a proposed regulated activity is a presumptively incompatible use
					 under such section, there shall be a presumption that the proposed regulated
					 activity may not be undertaken in the subject area because it is not compatible
					 with the area involved or with the preservation, protection or enhancement of
					 the present or potential values of tidal wetlands if undertaken in that area.
					 The applicant shall have the burden of overcoming such presumption and
					 demonstrating that the proposed activity will be compatible with the area
					 involved and with the preservation, protection and enhancement of the present
					 and potential values of tidal wetlands. If a use is a type of use listed as an
					 incompatible use in the use guidelines for the area involved, it shall not be
					 undertaken on that 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 661 - Tidal Wetlands-land Use Regulations › Section 661.10 - Existing land use and development

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No provision of this Part shall be deemed
					 to prohibit or require the removal of any land use and development, including
					 any structure, lawfully in existence on August 20, 1977.
(b) The development restrictions in section
					 661.6  of
					 this Part shall not be deemed to require a variance for the repair, restoration
					 or rebuilding, in whole or in part, of any structure or facility lawfully in
					 existence, although such repair, restoration or rebuilding activities may be
					 subject to the permit requirements of this Part; provided, no such repair,
					 restoration, or rebuilding shall increase any existing non-compliance with the
					 provisions of that section.
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 661 - Tidal Wetlands-land Use Regulations › Section 661.11 - Variances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where there are
					 practical difficulties in the way of carrying out any of the provisions of
					 section
					 661.6  of
					 this Part or where in the department's judgment the strict application of the
					 provisions of section
					 661.6  of
					 this Part would be contrary to the purposes of this Part, the department shall
					 have authority in connection with its review of an application for a permit
					 under this Part to vary or modify the application of any provisions in such a
					 manner that the spirit and intent of the pertinent provisions shall be
					 observed, that public safety and welfare are secured and substantial justice
					 done and that action pursuant to the variance will not have an undue adverse
					 impact on the present or potential value of any tidal wetland for marine food
					 production, wildlife habitat, flood and hurricane and storm control, cleansing
					 ecosystems, absorption of silt and organic material, recreation, education,
					 research, or open space and aesthetic appreciation. Any person wishing to make
					 application for a variance shall do so in writing in conjunction with his
					 application for a permit under this Part and shall specify the proposed
					 variance, which elements of section
					 661.6,
					 Development Restrictions, relief is sought from, the minimum relief that is
					 necessary, the practical difficulties claimed, a discussion of alternate site
					 possibilities, a discussion of change of project objective possibilities and a
					 discussion of environmental impact reduction or mitigation measures to be
					 employed. The burden of showing that a variance to such provisions should be
					 granted shall rest entirely on the applicant.
(b) The regional permit administrator may
					 treat an application for a permit under this Part as a request for a variance
					 and may request from the applicant the information required by this
					 section.
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 661 - Tidal Wetlands-land Use Regulations › Section 661.13 - Duration of permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 date of expiration of any permit issued pursuant to this Part shall be not more
					 than 10 years from the date such permit was issued.
(b) The expiration date of any permit issued
					 pursuant to this Part may be extended by the chief permit administrator for
					 good cause shown upon a written request to him filed prior to the expiration
					 date. Any such extension may not exceed one year in duration.
(c) In accordance with section
					 661.10(c) 
					 of this Part any permit issued pursuant to this Part may authorize the
					 undertaking of a regulated activity on a periodic basis, but the duration of
					 any such permit shali not exceed the period of time allowed by subdivisions (a)
					 and (b) of this section.
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 661 - Tidal Wetlands-land Use Regulations › Section 661.14 - Determination that lands do not involve littoral zone or coastal shoals, bars or flats

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may amend an inventory map pursuant to
						the procedures set forth in section
						661.17  of this
						Part where he determines that certain lands under tidal waters, while
						possessing the physical characteristics of littoral zone or coastal shoals,
						bars or flats, are not littoral zone or coastal shoals, bars or flats or any
						other type of tidal wetlands because such lands do not function biologically as
						tidal wetlands, exhibit little primary productivity and are populated by few
						benthic organisms, due to such factors as pollution, sedimentation or other
						physical disturbances. The commissioner may take such action on his own motion
						or at the request of any person. Such a request shall set forth the specific
						boundaries of the proposed amendment and the necessary information on which a
						decision on the request may 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 661 - Tidal Wetlands-land Use Regulations › Section 661.15 - Inventory map - maintenance and amendments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner shall supervise the
					 maintenance of each inventory map, and all such maps shall be available at the
					 appropriate regional office of the department for public inspection and
					 examination.
(b) Upon request of
					 any person or upon his own intiative, the commissioner may amend any inventory
					 map or maps under the following circumstances and in the following manner:
(1) after public hearing, any amendment to
					 add a new tidal wetland to an inventory map, to significantly expand or detract
					 from the boundaries of a tidal wetland shown on such map, to delete a wetland
					 from such map or to alter the classification of a wetland shown on such map as
					 may be necessary to conform such maps to actual onsite conditions; or
(2) notwithstanding paragraph (1) of this
					 subdivision, any amendment as may be necessary to reflect such natural changes
					 as have occurred since the effective date of the inventory map, as originally
					 established or as amended, through erosion, accretion or otherwise or to
					 reflect such other changes as have occurred since such effective date as a
					 result of granting permits under this Part; any amendment to clarify the
					 boundaries of any tidal wetland shown on an inventory map, to correct any minor
					 errors on the map or to affect other technical changes on the map; or any
					 amendment to effect minor changes pursuant to section
					 661.16  of this Part,
					 without a public hearing unless the commissioner determines that a public
					 hearing is appropriate.
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 661 - Tidal Wetlands-land Use Regulations › Section 661.16 - Measurement

Current through Register Vol. 46, No. 28, July 10, 2024
Any measurement required in this Part shall be measured
						horizontally unless otherwise specified.
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 661 - Tidal Wetlands-land Use Regulations › Section 661.17 - Tax assessment

Current through Register Vol. 46, No. 28, July 10, 2024
As soon as practicable following August 20, 1977 the
						department shall file with the tax assessment office of each municipality in
						which any tidal wetlands are located a copy of the provisions of this Part, a
						copy of each inventory map that includes any area within the boundaries of such
						municipality, and a copy of the following notice:
Section 25-0302(2) of article 25 of the Environmental
						Conservation Law, which article is known as the Tidal Wetlands Act, requires
						that the placing of any tidal wetlands under a land use regulation which
						restricts its use be deemed a limitation on the use of such wetlands for the
						purpose of property tax valuation in the same manner as if an easement or right
						had been acquired under the general municipal law and that assessment be based
						on present use under the restricting regulation. The enclosed land use
						regulations were promulgated by the Department of Environmental Conservation
						pursuant to section 25-0302(1) of the Tidal Wetlands Act."
As soon as practicable following any amendment to the
						provisions of this Part, the department shall file a copy of such amended
						provisions with the tax assessment office in each municipality in which any
						tidal wetlands are located. As soon as practicable following any amendment to
						an inventory map, the department shall file a copy of such amended map with the
						tax assessment office of each municipality within whose boundaries the amended
						map applies.
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 661 - Tidal Wetlands-land Use Regulations › Section 661.18 - Jurisdictional inquiries

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a
					 person is uncertain whether a proposed activity is subject to the provisions of
					 this Part, he may request the regional permit administrator to make a
					 determination as to whether the permit provisions of this Part apply to such
					 activity.
(b) If a person desires
					 the determination requested in subdivision (a) of this section to be made in
					 writing, such request shall be made in writing and shall contain all
					 information deemed necessary and appropriate by the regional permit
					 administrator to make such determination. Within 15 days after receipt by said
					 administrator of such written request and all such information, he shall notify
					 such person by letter whether his activity is subject to the permit provisions
					 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 661 - Tidal Wetlands-land Use Regulations › Section 661.19 - Judicial review

Current through Register Vol. 46, No. 28, July 10, 2024
Any person aggrieved by the issuance, denial, suspension,
						or revocation of a permit may within 30 days from the date of the
						commissioner's order seek judicial review pursuant to article 78 of the Civil
						Practice Law and Rules in the Supreme Court for the county in which the tidal
						wetlands or adjacent areas affected are located.
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 661 - Tidal Wetlands-land Use Regulations › Section 661.20 - 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 661 - Tidal Wetlands-land Use Regulations › Section 661.21 - 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 661 - Tidal Wetlands-land Use Regulations › Section 661.22 to 661.23 - 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 661 - Tidal Wetlands-land Use Regulations › Section 661.24 to 661.25 - 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 661 - Tidal Wetlands-land Use Regulations › Section 661.26 to 661.29 - 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 661 - Tidal Wetlands-land Use Regulations › Section 661.30 to 661.32 - 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 661 - Tidal Wetlands-land Use Regulations › Section 661.33 - 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 661 - Tidal Wetlands-land Use Regulations › Section 661.34 to 661.35 - 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 661 - Tidal Wetlands-land Use Regulations › Section 661.36 - 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 662 - Freshwater Wetlands-interim Permits › Section 662.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following terms, when used in this Part, have the
						following meanings:
(a) Act means the
					 Freshwater Wetlands Act (article 24 of the Environmental Conservation Law), as
					 amended.
(b) Adjacent area means
					 those areas of land or water that are outside of, and within 100 feet of, the
					 boundary of a freshwater wetland. As set out in subdivision 24-0701.2 of the
					 act, an adjacent area greater than 100 feet may be established where necessary
					 to protect and preserve the wetland.
(c) Alter or alteration refers to the conduct
					 of any of the following activities:
(1) any
					 form of draining, dredging, excavation, or removal of soil, mud, sand, shells,
					 gravel or other aggregate, either directly or indirectly;
(2) any form of dumping, filling or
					 depositing of any soil, stones, sand, gravel, mud, rubbish or fill of any kind,
					 either directly or indirectly;
(3)
					 erecting any structures or roads, the driving of pilings, or the placing of any
					 other obstructions, whether or not changing the ebb and flow of the
					 water;
(4) any form of pollution,
					 including but not limited to installing a septic tank, running a sewer outfall,
					 or discharging sewage treatment effluent or other liquid wastes into or so as
					 to drain into a freshwater wetland; and
(5) any other activity which substantially
					 impairs any of the several functions served by freshwater wetlands or the
					 benefits derived from them which are listed in section 24-0105 of the
					 act.