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 661.12 - Application for a permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) An application for a permit shall be
					 flled by the applicant with the regional permit administrator on a form
					 prescribed by the department. Such application shall set forth the purpose,
					 character and extent of the proposed regulated activity and shall set forth
					 with particularity the reasons the applicant seeks a permit. The application
					 shall include a detailed description of the regulated activity; a map showing
					 the area of tidal wetland or adjacent area directly affected, with the location
					 of the proposed regulated activity thereon; a statement as to feasible
					 alternatives to the proposed activity on a site that is not a tidal wetland or
					 adjacent area or by means that do not affect tidal wetlands; a statement
					 identifying the owner of the subject property and, where applicable, written
					 permission of said owner for the applicant to seek permission for, and to carry
					 out, the proposed activity; a description of the planned use of the subject
					 property once the proposed regulated activity is completed; a plan at 1" = 50'
					 scale with a two-foot contour interval and a representation of both the tidal
					 wetlands landward boundary and the mean high water line; a statement of the
					 methods to be employed to eliminate or mitigate environmental impacts; clearly
					 labeled photographs of the site; a variance request when applicable; and such
					 additional information as the regional permit administrator deems sufficient to
					 enable the department to make the findings and determinations required under
					 this Part.
(2) The application
					 shall be accompanied by a list of the names of the owners of record of lands
					 adjacent to the tidal wetland or adjacent area upon which the regulated
					 activity is to be undertaken and the names of known claimants of water rights,
					 of whom the applicant has notice, which relate to any land within, or within
					 300 feet of the boundary of, the property on which the proposed regulated
					 activity is located.
(3) An
					 application shall not be deemed to be received until the regional permit
					 administrator determines that all such information, including any additional
					 information requested, has been supplied in a complete and satisfactory
					 form.
(4) The department shall mail
					 a copy of the application to the chief administrative officer, or his designee,
					 of each municipality in which the affected tidal wetland or adjacent area, or
					 portion thereof, is located.
(5)
					 The department shall make the application, including all documents and maps
					 associated with it, available for public inspection at the regional office
					 within whose jurisdiction the affected tidal wetland or adjacent area is
					 located and at such other locations as may be designated in the notice of
					 hearing. The department may require the applicant to provide a reasonable
					 number of copies of the application, including associated documents and maps,
					 for this purpose.