reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 502 - Floodplain Management Criteria For State Projects › Section 502.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Recurrent
				  flooding of large areas of the State presents serious hazards to, and causes
				  adverse effects upon, the health, safety, welfare and property of the people of
				  the State, both within and outside flooded areas. These adverse effects include
				  loss of life; loss and damage to private and public property; disruption of
				  lives and livelihoods; interruption of commerce, transportation, communication
				  and governmental services; and unsanitary and unhealthful living and
				  environmental conditions. Floodplain management is, therefore, a matter of
				  State concern and the establishment of improved floodplain management practices
				  is important to the health, safety and welfare of all of the State.
(b) The implementation of this Part, by all
				  State agencies will insure that the use of State lands and the siting,
				  construction, administration and disposition of State-owned and State-financed
				  facilities are conducted in ways that will minimize flood hazards and losses.
				  The regulations are required for the State of New York to continue its
				  qualification as a participating community in the National Flood Insurance
				  Program administered by the Federal Insurance Administration of the Department
				  of Housing and Urban Development.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 502 - Floodplain Management Criteria For State Projects › Section 502.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Administrator
				  shall mean the Federal Insurance Administrator of the Federal Insurance
				  Administration in the Department of Housing and Urban Development.
(b) Base flood shall mean the flood having a
				  one-percent chance of being equalled or exceeded in any given year.
(c) Base flood level or base flood elevation
				  shall mean the computed water surface elevation at a given location resulting
				  from a flood having a one-percent chance of being equalled or exceeded in any
				  given year.
(d) Breakaway wall
				  shall mean a wall designed and intended to collapse under stress without
				  jeopardizing the structural integrity of a structure, so that the impact of
				  abnormally high tides or wind-driven water on the structure is
				  minimized.
(e) Coastal high hazard
				  area shall mean any coastal area subject to high velocity waters, including but
				  not limited to hurricanes.
(f)
				  Commence a project shall mean the initiation of any phase of a project,
				  including any excavation or site preparation.
(g) Commissioner shall mean the Commissioner
				  of Environmental Conservation or his duly authorized representative.
(h) Department shall mean the Department of
				  Environmental Conservation.
(i)
				  Flood or flooding shall mean:
(1) a general
				  and temporary condition of partial or complete inundation of normally dry land
				  areas from:
(i) the overflow of inland or
				  tidal waters;
(ii) the unusual and
				  rapid accumulation or runoff of surface waters from any source; or
(iii) mud slides (i.e., mudflows) which are
				  proximately caused or precipitated by accumulations of water on or under the
				  ground;
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 502 - Floodplain Management Criteria For State Projects › Section 502.3 - Determination of flood hazard area boundaries and base flood elevations

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the boundaries of flood
					 hazard areas and base flood elevations shall be determined as follows:
(a) Where the administrator has not provided
				  an FHBM or FIRM or a flood insurance study designating flood hazard area
				  boundaries and/or base flood elevations for a particular location, any State
				  agency proposing a project at such location shall determine, in cooperation
				  with the department, the boundaries of flood hazard areas and base flood
				  elevations on the basis of all pertinent information available from Federal,
				  State or other sources.
(b) Where
				  the administrator has provided an FHBM or FIRM and/or flood insurance studies
				  designating flood hazard area boundaries and/or base flood elevations for a
				  particular location, flood hazard area boundaries and base flood elevations
				  shall be as designated by the administrator. Provided, such boundaries or
				  elevations as designated by the administrator shall be modified in such a
				  manner as to be consistent with all pertinent additional information available
				  from any Federal, State or other source, but any boundaries or elevations
				  determined on the basis of such additional information shall not be smaller in
				  area or lower in elevation than the boundaries or elevations designated by the
				  administrator.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 502 - Floodplain Management Criteria For State Projects › Section 502.5 - Acquisition of interests in lands and facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No State agency shall acquire any
				  interest in, or finance the acquisition of any interest in, any land or
				  facility without first:
(1) evaluating such
				  land or facility in order to determine if the subject land or facility is
				  located in a flood hazard area; and
(2) if such land or facility is located in a
				  flood hazard area, determining that the contemplated use of the land or
				  facility will be consistent with the provisions of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 502 - Floodplain Management Criteria For State Projects › Section 502.6 - Disposition of state property

Current through Register Vol. 46, No. 28, July 10, 2024
No State agency shall sell or otherwise transfer any
					 State-owned land or facility located in a flood hazard area to any person,
					 other than a State agency, without providing in the deed or other instrument of
					 transfer necessary covenants and use restrictions, binding on the grantee and
					 his or her heirs, successors and assigns, which ensure that said property or
					 facility will forever be utilized in a manner consistent with the provisions of
					 this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 502 - Floodplain Management Criteria For State Projects › Section 502.7 - Coordination

Current through Register Vol. 46, No. 28, July 10, 2024
State agencies undertaking any project pursuant to this
					 Part shall ensure that reviews thereunder are coordinated with those of
					 appropriate environmental impact statements, project notification and review
					 systems, and State capital construction funding requests.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 502 - Floodplain Management Criteria For State Projects › Section 502.8 - Variance provisions for state agencies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Variances to the provisions of this Part
				  may be granted by the department in accord with this section. No project or
				  activity which requires a variance to any provision of this Part shall be
				  commenced unless the department grants a variance in accord with this
				  section.
(b) Requests for variances
				  to the provisions of this Part shall be submitted in writing to the department
				  by the State agency requesting such variance. Any request for a variance
				  pursuant to this section shall be filed, by the State agency requesting the
				  variance, with the department at the earliest time practicable in the planning
				  of the project or activity involved, and to the maximum extent possible prior
				  to the submission of a formal budget request for the funding of said project or
				  activity.
(c) The procedures for
				  the submission of requests for variances under this section, time periods for
				  department action thereon, provisions relating to minor projects, and notice
				  and hearing requirements, shall be governed by the provisions of Part 621 of
				  this Title. A copy of the department's decision shall be sent by mail to the
				  State agency requesting the subject variance and to the director of the
				  Division of the Budget.
(d)
				  Variances shall not be issued by the department for any project or activity
				  within any designated regulatory floodway if any increase in flood levels would
				  result during the base flood discharge.
(e) Variances shall be issued by the
				  department only upon:
(1) a showing of good
				  and sufficient cause;
(2) a
				  determination that the project will, consistent with social, economic and other
				  essential considerations of State policy, be undertaken in accordance with the
				  purposes of this Part to the maximum extent possible;
(3) a determination that the granting of a
				  variance will not result in materially increased flood damages, add additional
				  threats to public safety, result in extraordinary public expense, or create
				  nuisances or cause victimization of the public; and
(4) a determination that the variance granted
				  is the minimum necessary, considering flood hazard, to afford relief.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 502 - Floodplain Management Criteria For State Projects › Section 502.9 - Variance provisions relating to certain facilities and lands owned or formerly owned by the state

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Variances to the provisions of section
				  502.4 
				  of this Part may be granted by the department to any person who has acquired or
				  who proposed to acquire lands or facilities owned or formerly owned by the
				  State, where the deed or other instrument of transfer contains a covenant or
				  use restriction placed upon such lands or facilities by the State at the time
				  of disposition. Any person seeking relief from such covenant and use
				  restrictions may submit a written request to the Commissioner of Environmental
				  Conservation at 625 Broadway, Albany, NY 12233, and include the following
				  information:
(1) the name and address of the
				  petitioner;
(2) a copy of the deed
				  or other instrument of transfer which includes the full text of the covenant or
				  use restriction;
(3) a copy of maps
				  or drawings, to suitable scale, which clearly identify the location of the
				  property with existing or proposed improvements shown thereon;
(4) a description of the proposed uses for
				  the property;
(5) a detailed text
				  clearly indicating the basis for the petitioner's claim of unnecessary
				  hardships and/or practical difficulties in the way of complying with the
				  requirements imposed by the covenant and use restrictions; and
(6) any other information that the
				  commissioner deems necessary to make a finding pursuant to subdivision (d) of
				  this section, based upon the standards contained in subdivision (e) of this
				  section.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 502 - Floodplain Management Criteria For State Projects › Section 502.10 - References

Current through Register Vol. 46, No. 28, July 10, 2024
The following Federal statutes, regulations or publications
					 have been referenced in Parts 500-502 of this Title:
(a) The Federal National Insurance Act of
				  1968 (  52 USC 4001 - 4128), August 1, 1968.
(b) Flood-Proofing Regulations, U.S. Army
				  Corps of Engineers, June 1972, Washington, DC.
(c) Section 404 of the Federal Water
				  Pollution Control Act Amendments of 1972 (  33 USC 1334), effective October 18,
				  1972.
(d) USC means United States
				  Code.
(e) All United States
				  publications referenced above are available from the Superintendent of
				  Documents, U.S. Government Printing Office, Washington, DC 20402.
(f) All material referenced in Part 500 of
				  this Title is available for copying and inspection at the Department of
				  Environmental Conservation, Division of Water, 625 Broadway, Albany, NY
				  12233.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 505 - Coastal Erosion Management › Introduction › Section 505.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose of
					 this Part is to implement the provisions of article 34 of the Environmental
					 Conservation Law, the Coastal Erosion Hazard Areas Act [FN*]. This Part defines
					 when the department will administer a regulatory program within identified
					 coastal erosion hazard areas and establishes standards for the issuance of
					 coastal erosion management permits by the department. Procedural requirements
					 are also established for local governments that wish to implement a local
					 program, although local implementation is not required until after the
					 department has filed coastal erosion hazard area maps for a municipality.
					 Minimum standards and criteria the department will use in certifying and
					 revoking local programs are also outlined.
(b) Land use, development and other
					 activities are regulated in coastal areas subject to coastal flooding and
					 erosion to minimize or prevent damage or destruction to man-made property,
					 natural protective features, other natural resources, and to protect human
					 life.
(c) New construction or
					 placement of structures is regulated to place them a safe distance from areas
					 of active erosion and the impacts of coastal storms to ensure that these
					 structures are not prematurely destroyed or damaged due to improper siting, as
					 well as to prevent damage to natural protective features and other natural
					 resources.
(d) Public investment in
					 services, facilities or activities which are likely to encourage new permanent
					 development in erosion hazard areas is restricted.
(e) Publicly financed erosion protection
					 structures to minimize erosion damage are to be used only where necessary to
					 protect human life or where the public benefits of such structures clearly
					 outweigh the public expenditures.
(f) The construction of erosion protection
					 structures is regulated in coastal areas subject to serious erosion to assure
					 that, when the construction of erosion protection structures is justified,
					 their construction and operation will minimize or prevent damage or destruction
					 to man-made property, private and public property, natural protective features,
					 and other natural resources.
[FN*] Chapter 841 of the Laws of 1981, which enacted ECL
						article 34, gave it the statutory short title: "The Shoreowner's Protection
						Act."--ED.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 505 - Coastal Erosion Management › Introduction › Section 505.3 - Functions of natural protective features

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Natural features such as beaches, bluffs,
					 dunes and nearshore areas, and the vegetation thereon, protect coastal areas
					 and human lives from wind and water erosion and storm-induced high water.
					 Inappropriate activities of man may diminish or eliminate entirely the
					 erosion-buffering function of natural protective features.
(b) The specific functions and protective
					 values of different types of natural protective features may vary. Certain
					 types of natural protective features are intrinsically better suited for
					 certain types of uses, activities, or development than others. The standards
					 and development restrictions of this Part that apply to regulated activities
					 within specific types of natural protective features are based on:
(1) the protective functions that specific
					 types of natural protective features provide; and
(2) the interaction between specific types of
					 natural protective features and physical coastal processes.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 505 - Coastal Erosion Management › Department Regulation of Coastal Erosion Hazard Areas › Section 505.4 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This section
					 enumerates the instances when the department will exercise jurisdiction over
					 the issuance of coastal erosion management permits. With the exception of
					 regulated activities undertaken by State agencies, the department will not
					 assume or exercise such jurisdiction until after all appropriate levels of
					 local government have had an opportunity to assume and exercise such
					 jurisdiction.
(b) State agencies
					 that propose to undertake any regulated activity within an identified erosion
					 hazard area must first obtain a coastal erosion management permit from the
					 department.
(c) The department is
					 the regulatory authority and will process coastal erosion management permit
					 applications for regulated activities within the City of New York when:
(1) New York City fails to submit to the
					 commissioner a local program within six months after the filing of the
					 applicable coastal erosion hazard area maps, or within such time as may be
					 extended by the commissioner pursuant to section 34-0105(3) of the act, and the
					 department meets the public hearing and notification requirements of section
					 34-0107(2) of the act;
(2) New York
					 City's proposed local program is not approved by the commissioner within six
					 months after the filing of the applicable coastal erosion hazard area maps, or
					 within such time as may be extended by the commissioner pursuant to section
					 34-0105(3) of the act, and the department meets the public hearing and
					 notification requirements of section 34-0107(2) of the act; or
(3) the commissioner revokes his approval of
					 New York City's local program because of improper administration or
					 enforcement.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 505 - Coastal Erosion Management › Department Regulation of Coastal Erosion Hazard Areas › Section 505.5 - Coastal erosion management permits; regulatory procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person proposing to undertake a
					 regulated activity within a designated erosion hazard area must first obtain a
					 coastal erosion management permit.
(b) Coastal erosion management permit
					 applications are available from each regional office of the department.
					 Applications must be made on a form prescribed by the department, and must
					 include the following information:
(1) a
					 description of the proposed activity;
(2) a map drawn to a scale no smaller than
					 1:24,000, showing the location of the proposed activity; and
(3) additional information the department may
					 require to properly evaluate the proposed activity. Coastal erosion management
					 permit applications are not complete until any required fees are submitted.
					 Completed coastal erosion management permit applications should be submitted to
					 the appropriate regional permit administrator.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 505 - Coastal Erosion Management › Department Regulation of Coastal Erosion Hazard Areas › Section 505.6 - Standards for issuance of coastal erosion management permits

Current through Register Vol. 46, No. 28, July 10, 2024
A coastal erosion management permit will be issued only
						if the commissioner finds that the proposed regulated activity:
(a) is reasonable and necessary, considering
					 reasonable alternatives to the proposed activity and the extent to which the
					 proposed activity requires a shoreline location;
(b) will not be likely to cause a measurable
					 increase in erosion at the proposed site or at other locations; and
(c) prevents, if possible, or minimizes
					 adverse effects on:
(1) natural protective
					 features and their functions and protective values as described in section
					 505.3 
					 of this Part;
(2) existing erosion
					 protection structures; and
(3) or
					 natural resources, including, but not limited to significant fish and wildlife
					 habitats and shellfish beds.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 505 - Coastal Erosion Management › Department Regulation of Coastal Erosion Hazard Areas › Section 505.7 - Restrictions on regulated activities within structural hazard areas

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Movable
					 structures may be constructed or placed within a structural hazard area only if
					 a coastal erosion management permit has been granted. Coastal erosion
					 management permit requirements include the following:
(1) No permanent foundation is attached to
					 the movable structure and any temporary foundations are removed at the time the
					 structure is moved. Below-grade footings will be allowed if satisfactory
					 provision is made for their removal.
(2) No movable structure may be placed closer
					 to the landward limit of a bluff than 25 feet.
(3) No movable structure may be placed or
					 constructed so that, according to accepted engineering practice, its weight
					 places an excessive ground loading on a bluff.
(4) A plan for the landward relocation of a
					 movable structure, when threatened by shoreline recession, must be included
					 with each coastal erosion management permit application.
(5) Movable structures, which have been
					 located within an erosion hazard are pursuant to a coastal erosion management
					 permit, must be removed before the receding edge recedes to within 10 feet of
					 the most seaward point of the movable structure.
(6) Debris from structural damage which may
					 occur as a result of sudden, unanticipated bluff-edge failure or erosion must
					 be removed within 60 days of the damaging event.
(7) The last owner of record, as shown on the
					 latest assessment roll, of real property upon which a movable structure is
					 placed is responsible for removing that structure and its foundation, unless
					 the last owner of record and the owner of the structure, if the structure is
					 not owned by the last owner of record, have made an agreement providing
					 otherwise in a form acceptable to the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 505 - Coastal Erosion Management › Department Regulation of Coastal Erosion Hazard Areas › Section 505.8 - Restrictions on regulated activities within natural protective feature areas

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Nearshore
					 areas. The following restrictions and requirements apply to regulated
					 activities in nearshore areas:
(1)
					 Excavating, grading, mining or dredging which diminishes the erosion protection
					 afforded by nearshore areas is prohibited. However, coastal erosion management
					 permits for dredging may be issued for constructing or maintaining navigation
					 channels, bypassing sand around natural and man-made obstructions, or
					 artificial beach nourishment.
(2)
					 All development is prohibited in nearshore areas unless specifically allowed by
					 this subdivision.
(3) The normal
					 maintenance of structures may be undertaken without a coastal erosion
					 management permit.
(4) Clean sand,
					 or gravel of an equivalent or slightly larger grain size, is the only material
					 which may be deposited within nearshore areas. Any deposition will require a
					 coastal erosion management permit.
(5) A coastal erosion management permit is
					 required for new construction, modification or restoration of docks, piers,
					 wharves, groins, jetties, seawalls, bulkheads, breakwaters, revetments and
					 artificial beach nourishment. Docks, piers, wharves or structures built on
					 floats, columns, open timber, piles or similar open-work supports having a top
					 surface area of 200 square feet or less, or docks, piers, wharves or other
					 structures built on floats and removed in the fall of each year, are expected
					 from this permit requirement.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 505 - Coastal Erosion Management › Department Regulation of Coastal Erosion Hazard Areas › Section 505.10 - Appeal of erosion hazard area designation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person who owns real property within
					 a designated erosion hazard area may appeal that designation.
(b) Erosion hazard area designation appeals
					 may be made after the coastal erosion hazard area map(s) including the subject
					 lands has been filed with the clerk(s) of each local government within the
					 boundaries of which the subject lands are located.
(c) Any person wishing to make an appeal
					 pursuant to this section must complete an erosion hazard area designation
					 appeal application and submit it to the department. Appeal applications are
					 available at department regional offices and the Bureau of Flood Protection at
					 the central office in Albany. Appeal applications are not complete until the
					 applicant provides all necessary information and any required fees.
(d) The commissioner will decide such appeal
					 within 30 days after receipt of a complete appeal application, and, if
					 necessary, will adjust the erosion hazard area boundaries
					 accordingly.
(e) The sole
					 acceptable basis for an erosion hazard area designation appeal is technical
					 information indicating that:
(1) the long-term
					 average annual rate of shoreline recession was incorrectly established;
					 or
(2) the subject area was
					 erroneously identified as a natural protective feature area.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 505 - Coastal Erosion Management › Department Regulation of Coastal Erosion Hazard Areas › Section 505.12 - Bond

Current through Register Vol. 46, No. 28, July 10, 2024
The department may require a bond or other form of
						financial security if it determines that a person submitting an application for
						a coastal erosion management permit has a record of noncompliance with the
						terms or conditions of permits issued by the department. Such bond or security
						must be in an amount, with such surety and conditions as are satisfactory to
						the department, so as to ensure compliance with the terms and conditions stated
						in the coastal erosion management permit.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 505 - Coastal Erosion Management › Department Regulation of Coastal Erosion Hazard Areas › Section 505.13 - Variances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When an
					 applicant can demonstrate that the strict application of the restrictions or
					 requirements of sections
					 505.7 
					 -505.9 of this Part will cause practical difficulty or unnecessary hardship,
					 any such restriction or requirement may be varied or modified, provided that
					 the following criteria are met:
(1) no
					 reasonable, prudent, alternative site is available;
(2) all responsible means and measures to
					 mitigate adverse impacts on natural systems and the functions and protective
					 values described in section
					 505.3 
					 of this Part have been incorporated into the project design and will be
					 implemented at the developer's expense;
(3) the development will be reasonably safe
					 from flood and erosion damage;
(4)
					 the variance requested is the minimum necessary to overcome the practical
					 difficulty or hardship which was the basis for requesting it; and
(5) where public funds are utilized, the
					 public benefits clearly outweigh the long-term adverse effects for any proposed
					 activities and development.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 505 - Coastal Erosion Management › Department Regulation of Coastal Erosion Hazard Areas › Section 505.14 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications
					 for coastal erosion management permits and erosion hazard area designation
					 appeals must be accompanied by a money order or personal check made payable to
					 the Department of Environmental Conservation in the amount specified in
					 subdivision (c) of this section.
(b) If an application is withdrawn before it
					 is determined complete, the fee will be returned to the applicant upon
					 request.
(c) Fees for review of
					 applications.
(1) Appeal of erosion hazard
					 area designation, $50.
(2)
					 Construction or placement of structures other than erosion protection
					 structures, docks, piers and wharves, $40.
(3) Excavation, grading, mining or filling:
(i) projects not exceeding 100 cubic yards,
					 $25.
(ii) projects greater than 100
					 cubic yards, $50.
(4)
					 Dredging:
(i) projects not exceeding 100
					 cubic yards, $25.
(ii) projects
					 greater than 100 cubic yards, $50.
(5) Construction or modification of docks,
					 piers or wharves:
(i) docks, piers or wharves
					 on piles, $35.
(ii) docks, piers or
					 wharves on fill, $50.
(iii) all
					 other docks, piers or wharves, $25.
(6) Construction or modification of erosion
					 protection structures:
(i) structures not
					 exceeding 100 linear feet, $50.
(ii) structures greater than 100 linear feet,
					 $100.
(7) All projects
					 or activities not listed in paragraphs (1) through (6) of this subdivision,
					 $50.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 505 - Coastal Erosion Management › Department Regulation of Coastal Erosion Hazard Areas › Section 505.15 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part are severable. If any clause,
						sentence, paragraph, subdivision or part is adjudged invalid by a court of
						competent jurisdiction, the effect of such order or judgment is confined to the
						controversy in which it was rendered. Such order or judgment does not affect or
						invalidate any other provisions of this Part or their application to other
						persons and circumstances.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 505 - Coastal Erosion Management › Local Regulation of Coastal Erosion Hazard Areas › Section 505.17 - Minimum standards for certification of local programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Local programs submitted by local
					 governments to the commissioner for certification pursuant to sections
					 34-0105(1) and 34-0106(1) of the act must meet, at a minimum, the standards,
					 restrictions and requirements set forth in sections
					 505.5
					 through
					 505.9,
					 505.12 and
					 505.13  of this Part.
					 This Part does not prohibit any local government from adopting and enforcing a
					 local program that regulates actions or uses of land more stringently than this
					 Part.
(b) Whenever terms relating
					 to the commissioner or department are used in the sections listed in
					 subdivision (a) of this section, local governments should substitute for those
					 terms the title of the local official or agency performing the equivalent
					 function.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 505 - Coastal Erosion Management › Local Regulation of Coastal Erosion Hazard Areas › Section 505.18 - Amendments to approved local programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any amendment to a certified local
					 program that relates to the minimum standards of section
					 505.17 
					 of this Part must be in conformance with such minimum standards and is subject
					 to certification by the commissioner.
(b) Local governments must notify the
					 commissioner in writing of all proposed amendments to certified local programs
					 before they may be adopted. Within 15 days after receipt of such written
					 notification, the commissioner will advise a local government whether such
					 amendment is subject to his approval, and if so, whether such amendment
					 conforms to the minimum standards of section
					 505.17 
					 of this Part.
(c) Once a local
					 government receives written notification from the commissioner that the
					 proposed amendment conforms to the requisite minimum standards, it may submit
					 such proposed amendment to the commissioner for certification. Included with
					 the submission must be documentation evidencing that the amendment was subject
					 to public notice and review as required by the local government. The
					 commissioner will either certify or disapprove the amendment within 30 working
					 days of its receipt. If the commissioner disapproves an amendment, he will
					 notify the local government in writing of the reasons for disapproval and the
					 modification that is necessary for certification. The commissioner will issue
					 findings as part of his decision to either certify or disapprove a proposed
					 amendment.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 505 - Coastal Erosion Management › Local Regulation of Coastal Erosion Hazard Areas › Section 505.19 - Department monitoring of local programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner will monitor the
					 administration of certified local programs. On a form provided by the
					 department, local governments must annually submit to the department
					 information regarding:
(1) the number of
					 coastal erosion management permit applications received;
(2) the number of coastal erosion management
					 permits issued;
(3) the number of
					 variances granted;
(4) violations
					 of the local program or of the terms and conditions of coastal erosion
					 management permits; and
(5) other
					 information the commissioner may require to monitor the performance of a local
					 program or to assess the need for technical assistance.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 505 - Coastal Erosion Management › Local Regulation of Coastal Erosion Hazard Areas › Section 505.20 - Revocation of local programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Pursuant to section 34-0105(5) of the act, the commissioner may revoke his
					 certification of a local program if he determines that:
(1) an element of the certification
					 application is substantively inaccurate;
(2) a local government fails to notify the
					 commissioner of an amendment to a local program;
(3) a local government fails to notify the
					 commissioner of a substantive administrative change to its local
					 program;
(4) the local program is
					 amended to be less protective than the minimum standards of section
					 505.17 
					 of this Part;
(5) the technical
					 capability of a local government is lacking as evidenced by:
(i) misinterpretation of coastal erosion
					 hazard area maps;
(ii) the terms or
					 conditions of coastal erosion management permits demonstrate a fundamental
					 misunderstanding of coastal processes; or
(iii) ignorance or misinterpretation of the
					 applicable erosion management local law or ordinance;
(6) the administrative capacity of a local
					 government is lacking as evidenced by:
(i)
					 failure to follow the step-by-step local permit processing procedure;
(ii) failure to enforce violations of its
					 erosion management local law or ordinance, or the terms or conditions of
					 coastal erosion management permits;
(iii) failure to conduct compliance
					 inspections;
(iv) failure to
					 investigate reports of violations; or
(v) loss of services of the person(s)
					 providing the technical expertise to implement the local program; or
(7) the local government otherwise
					 fails to carry out the purposes and policies of the act.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 505 - Coastal Erosion Management › Amendments to Coastal Erosion Hazard Area Maps › Section 505.21 - Appeals revisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When
					 an appeal of an erosion hazard area designation is granted by the commissioner
					 pursuant to section
					 505.10 
					 of this Part, the erosion hazard area boundaries will be adjusted accordingly.
					 Such revision will be made and dated on the appropriate coastal erosion hazard
					 area map(s).
(b) A copy of the
					 revised map(s) will be filed in the office(s) of the clerk(s) of the local
					 government(s) within which the revised erosion hazard area is located. Upon
					 receipt by the clerk, a revised map will supersede the most recent previous map
					 filed for that same shoreline segment. The chief executive officer(s) of the
					 local government(s) involved will be notified of the filing of the revised
					 map(s) at the same time.
(c) A copy
					 of the revised map(s) will be made available at no cost to the person making
					 the appeal and will be transmitted with the notification of granting of the
					 appeal. Similarly, a copy of the revised map(s) will be made available to the
					 owner of each property affected by the revision at no cost. Additional copies
					 of the revised map(s) will be provided at no cost to local and regional public
					 entities which generally maintain such maps on file.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 505 - Coastal Erosion Management › Amendments to Coastal Erosion Hazard Area Maps › Section 505.22 - Remapping revisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Pursuant to section 34-0104(4) of the act, the commissioner must review the
					 boundaries of each erosion hazard area 10 years from the date of its final
					 identification and each 10 years thereafter.
(b) Pursuant to section 34-0104(4) of the
					 act, the commissioner must also review the boundaries of erosion hazard areas
					 after the occurrence of a major man-made or natural event or a major coastal
					 storm. Coastal erosion hazard area maps will be revised if topographical
					 changes or addition or loss of structural protection justify adjustment of the
					 erosion hazard area boundary by 25 feet or more. Revised coastal erosion hazard
					 area maps may not take effect until at least 12 months have elapsed from the
					 occurrence of such event or such storm.
(c) In structural hazard areas, if shoreline
					 recession has occurred at a rate sufficient to cause the receding edge to come
					 within 25 feet of the erosion hazard area boundary in less than eight years
					 from the most recent date of final identification of the erosion hazard area, a
					 new recession rate analysis will be performed and the coastal erosion hazard
					 area map will be revised accordingly without the 12-month delay specified in
					 subdivision (b) of this section.
(d) In all cases of remapping revisions
					 described in this section, the department must follow the procedures set forth
					 in section 34-0104(2)-(4) of the act. The landowner notification process will
					 be limited to only the owners of those properties affected by the proposed
					 changes in the erosion hazard area by being added to or removed from the
					 erosion hazard area or by a shift in the erosion hazard area boundary on a
					 previously identified property.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 550 - Promulgation And Enforcement Of Rules And Regulations › Section 550.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
The Department of Environmental Conservation, having been
					 entrusted with the basic responsibility for administering to and regulating
					 activities relative to the natural resources of oil and gas within the State,
					 does hereby promulgate the following rules and regulations. These have been
					 formulated after consultation with landowners, producers and other interested
					 persons involved and a public hearing relative thereto. The rules have as their
					 objectives:
(a) the fostering,
				  encouragement and promotion of the development, production and utilization of
				  the natural resources of oil and gas in such a manner as will prevent
				  waste;
(b) the operation and
				  development of oil and gas properties in such a manner that a greater ultimate
				  recovery of oil and gas may be had;
(c) full protection of the correlative rights
				  of all owners and the rights of all persons, including landowners and the
				  general public;
(d) similar
				  provisions for the underground storage of gas.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 550 - Promulgation And Enforcement Of Rules And Regulations › Section 550.2 - Organization

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To carry out
				  the functions outlined in section
				  550.1  of this Part, the
				  Department of Environmental Conservation has created a Bureau of Mineral
				  Resources.
(b) The Bureau of
				  Mineral Resources is headed by a chief who is responsible for the
				  administration and enforcement of all rules, regulations, orders and amendments
				  thereof of the Department of Environmental Conservation relating to the
				  exploration and drilling for, and production, transportation, purchase,
				  processing and storage of oil and gas and the prevention of any pollution
				  resulting therefrom.
(c) The chief
				  of the Bureau of Mineral Resources shall be responsible for the directing,
				  supervising and proper performance of the Bureau of Mineral
				  Resources.
(d) The chief of the
				  Bureau of Mineral Resources is aided by an assistant chief who acts in the
				  former's absence. At those times, the assistant chief bears both the
				  responsibilities and authorities of the chief.
(e) To carry out field responsibilities, the
				  Bureau of Mineral Resources is organized into several regions, each headed by a
				  regional supervisor, who acts as the chief's deputy in all relevant
				  matters.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 550 - Promulgation And Enforcement Of Rules And Regulations › Section 550.4 - Hearings and emergency orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Except as hereinafter provided, the department will promulgate no rule,
				  regulation, order or amendment thereof, except in an emergency, without a
				  public hearing upon at least 10 days notice, exclusive of the date of the
				  service.
(b) The public hearing
				  shall be held at such time and place as may be prescribed by the department.
				  The hearing shall be conducted by the director or such of his staff as he shall
				  designate. Testimony shall be under oath. The proceedings of all such hearings
				  shall be recorded by a reporter designated by the department and a transcript
				  of same shall be prepared and filed by such reporter as a part of the
				  department's records. Alternatively, the proceedings may be recorded by tape or
				  other mechanical device with the recording or a written transcript thereof
				  forming the department record.
(c)
				  The notice of hearing, which may be by personal service, newspaper publication
				  or by mail, will specify the purpose, style and number of the proceedings, as
				  well as the time and place of the hearing.
(d) In calling a hearing, the department may
				  act upon its own motion or upon the application of any interested person, with
				  hearings called in the latter instance to be scheduled without undue
				  delay.
(e) The department will make
				  its ruling within 60 days after the conclusion of any hearing.
(f) Except as hereinafter provided, unless
				  there is a significant indication of changed conditions, the department will
				  not hold a hearing on any matter which has already been the subject of a prior
				  hearing.
(g) The department may
				  further enter an emergency order without notice or hearing where it is
				  demonstrated that immediate action is necessary to prevent waste, pollution or
				  to protect correlative rights. No emergency order shall be effective for more
				  than 15 days.