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 661.6 - Development restrictions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
					 person shall undertake any new regulated activity on any tidal wetland or on
					 any adjacent area except in compliance with the following development
					 restrictions:
(1) The minimum setback of all
					 principal buildings and all other structures that are in excess of 100 square
					 feet (other than boardwalks, shoreline promenades, docks, bulkheads, piers,
					 wharves, pilings, dolphins, or boathouses and structures typically located on
					 docks, piers or wharves) shall be 75 feet landward from the most landward edge
					 of any tidal wetland. Provided, however, within the boundaries of the city of
					 New York the minimum setback required by this paragraph shall be 30 feet.
					 Further provided, where numerous and substantially all structures which are (i)
					 of the type proposed by the applicant, (ii) lawfully existing on August 20,
					 1977, and (iii) within 500 feet of the subject property, are located closer to
					 the subject tidal wetland than the minimum setback required by this paragraph,
					 placement of a structure as close as the average setback of these existing
					 structures from the subject tidal wetland shall fulfill the requirements of
					 this paragraph.
(2) The minimum
					 setback of any on-site sewage disposal septic tank, cesspool, leach field or
					 seepage pit shall be 100 feet landward from the most landward edge of any tidal
					 wetland.
(3) For any on-site sewage
					 disposal cesspool, septic tank, leach field or seepage pit, there shall be a
					 minimum of two feet of soil between the bottom of such pool, tank, field or pit
					 and the seasonal high ground water level, rock, hardpan, or other impermeable
					 materials.
(4) Not more than 20
					 percent of the adjacent area, as such term is defined in this Part, on any lot
					 shall be covered by existing and new structures and other impervious surfaces.
					 Provided, however, this paragraph shall not be deemed to prohibit the coverage
					 of 3,000 square feet or less of adjacent area on any individual lot, lawfully
					 existing on August 20, 1977, by existing and new structures and other
					 impervious surfaces.
(5) The
					 minimum lot area for any principal building constructed within the area
					 regulated by this Part, which minimum lot area shall include any wetland
					 portion and any adjacent area portion of such lot, shall be as follows:
(i) 20,000 square feet where such principal
					 building will be served by a public or community sewage disposal system;
					 and
(ii) 40,000 square feet where
					 such principal building will not be served by a public or community sewage
					 disposal system.
Notwithstanding any other provision of this Part, the
						requirements of this paragraph for buildings to be served by a public or
						community sewage disposal system shall not be applicable within the boundaries
						of the city of New York.
(6) Notwithstanding the minimum lot size
					 provisions contained in paragraph (5) of this subdivision, the clustering of
					 principal buildings utilized for residential purposes, including multiple
					 family dwellings, shall be permitted at the request of an applicant for a
					 permit under this Part in order to encourage the maintenance of undeveloped
					 areas in or adjoining tidal wetlands. Provided, such clustering procedure shall
					 in no case result in more principal buildings on the area regulated by this
					 Part than would be permitted by the application of the minimum lot size
					 criteria in paragraph (5) of this subdivision.
(7) The minimum setback of all hard surface
					 driveways, roads and parking lots and similar impervious surfaces exceeding 500
					 square feet in size on the property involved, overhead utility line poles and
					 railroads, shall be 75 feet from any tidal wetland. Provided, within the
					 boundaries of the city of New York the minimum setback required by this
					 paragraph shall be 30 feet. Further provided, this provision shall not be
					 applicable to any portion of a regulated activity that involves a crossing or
					 direct access to a tidal wetland on the subject property.
(8) Any substantial increase in surface water
					 runoff to tidal waters classified SA, as defined in section
					 701.5 
					 of this Title, or to any other surface waters which are within 1,000 feet of
					 any SA waters and are adjacent or tributary to such SA waters, shall be
					 prevented from directly running into any such waters by the utilization of
					 sufficient runoff control measures, including but not limited to the
					 installation of dry wells, retention basins, filters, open swales or ponds. Any
					 such dry well, retention basin, filter, open swale or pond to be constructed in
					 order to prevent direct surface water runoff to said SA and other surface
					 waters shall be designed and constructed to handle the water runoff produced on
					 the project site by a five-year storm.