reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Access Rules › Fees and Charges › Section 606.65 - Fees or charges for engineering services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each applicant for a permit shall pay to
						the board, at the time of filing the application therefor, the following named
						charges or fees for engineering service to be rendered by the board in case of
						the granting and issuance of a permit:
(1)
						the basic survey fee where the access area applied for does not exceed 100 feet
						in width; and
(2) the supplemental
						survey fee, in addition to the basic survey fee, for each additional 100 feet
						in width of access area, or fractional part thereof, for which application is
						made.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Access Rules › Fees and Charges › Section 606.66 - Commercial permit fees - general

Current through Register Vol. 46, No. 28, July 10, 2024
Excepting as to the business of renting out boats, each
						  applicant for a commercial permit, in addition to the charges or fees
						  hereinbefore prescribed, shall pay to the board, at the time of filing the
						  application for permit, as a part of the consideration for the granting
						  thereof, a charge or fee, to be determined by the board after consideration of
						  the permit privileges for which application is to be made. Said charge or fee
						  shall be an annual charge, subject to revision by the board from time to time,
						  and shall be paid to the board at the time of filing original application for
						  commercial permit, and also at the time of filing an application for any
						  renewal or renewals thereof. The said annual charge or fee shall be refunded in
						  case of nonissuance of permit, renewal or renewals thereof. No refund will be
						  made if permit or renewal is issued, excepting a pro rata refund in cases where
						  the access area is granted for a width less than that for which application was
						  made.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Access Rules › Fees and Charges › Section 606.67 - Commercial permit fees for boating business

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An applicant shall pay to the board at
						the time of filing new application or application for annual renewal of permit
						to engage in the business of a marina or boat livery on the reservoir, in
						addition to the charges and fees named in section
						606.65 
						of this Part, and as a part of the consideration therefor:
(1) a boat livery fee, which shall be based
						on the number of boats and/or the number of docking berths for hire;
						and
(2) when appropriate, a
						launching ramp fee.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Access Rules › Fees and Charges › Section 606.68 - Powers of board

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The board
						reserves the right to fix the dollar amounts for all of the charges or fees
						described in these rules and regulations after:
(1) publishing a notice in each of the
						officially designated district newspapers, once a week for three consecutive
						weeks, that a change in the fee(s) or charge(s) is under consideration. Such
						notice shall specify the date, time and place of the meeting of the board when
						consideration of such fees may be anticipated:
(i) the published notice shall include an
						invitation for written public input to be submitted to the district at the
						office(s) of the district designated therein;
(ii) no action on setting or amending such
						changes in charges and fees shall occur for a period of 30 days following the
						last date of publication of such notice; and
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Access Rules › Fees and Charges › Section 606.69 - Fees or charges for access areas

Current through Register Vol. 46, No. 28, July 10, 2024
All permit holders shall pay annually to said board, at
						  the time of filing new application or application for renewal of permit, an
						  access width charge, an administrative charge, and, if it has been found
						  necessary to erect a new sign on the access area during the preceding year, the
						  further charge of the basic sign fee.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Access Rules › Fees and Charges › Section 606.70 - Payment of fees and charges

Current through Register Vol. 46, No. 28, July 10, 2024
Each applicant for a permit shall pay the full amount
						  of charges or fees required, whether the permit is effective for a full
						  calendar year or only a fractional part thereof.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Access Rules › Fees and Charges › Section 606.71 - Exemptions from fees or charges

Current through Register Vol. 46, No. 28, July 10, 2024
The board reserves the right to exempt from the
						  provisions of these sections, as to the payment of charges or fees, religious,
						  charitable or fraternal organizations or associations, or similar organizations
						  or associations; provided, however, in case of any such exemption, all the
						  other rules and regulations herein shall be fully complied
						  with.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Access Rules › Insurance › Section 606.80 - Coverage

Current through Register Vol. 46, No. 28, July 10, 2024
The board reserves the right to require that commercial
						  and certain other special permit areas be covered by public liability and
						  property damage insurance.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Access Rules › Insurance › Section 606.81 - Conditions for issuance of permits and renewals

Current through Register Vol. 46, No. 28, July 10, 2024
The following conditions must be met before the
						  granting and issuance of such permits or renewals thereof:
(a) Public liability insurance covering the
						access permit area in such amounts as deemed necessary by the board.
(b) Permittee's policy of insurance shall
						include the Hudson River-Black River Regulating District as an additional named
						insured, and such other information as deemed necessary by the board.
(c) A certificate of insurance or duplicate
						policy must be filed before the board will act upon any application for permit
						or permit renewal.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Access Rules › Reservation in Deeds › Section 606.85 - Reservation of right, use or purpose

Current through Register Vol. 46, No. 28, July 10, 2024
In any case where the deed conveying lands and premises
						  to the State of New York, for the uses and purposes of the reservoir, reserves
						  a right of access or use, in respect to said lands and premises, such right of
						  access or use shall be exercised in pursuance of the provisions of the deed
						  relating thereto; subject, however, to these rules and regulations. Any person
						  claiming to have any such right of access or use shall, before exercising the
						  same, make and file with the board an application for a permit therefor and for
						  renewal or renewals thereof, in accordance with these rules and regulations.
						  All permits and any renewal or renewals thereof granted and issued in respect
						  to any such right of access or use shall be so granted and issued in accordance
						  with these rules and regulations. In any case where it is claimed that the deed
						  reserves several rights of access or several uses or purposes in relation to
						  lands and premises acquired by the State for the purposes of the reservoir, a
						  separate application shall be filed for each such right, use or purpose, and
						  the application and permit shall definitely and specifically set forth such
						  right, use or purpose.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Access Rules › Reservation in Deeds › Section 606.86 - Preference with respect to reserved access rights

Current through Register Vol. 46, No. 28, July 10, 2024
Persons claiming access rights reserved in deeds shall
						  have preference in respect to the determination and allocation by the board of
						  the areas in reference to such access rights. The board shall determine such
						  areas upon applications made for permits therefor. The board upon application
						  therefor shall have the right to grant and issue permit or permits to other
						  person or persons for any area remaining after such
						  determination.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Access Rules › Reservation in Deeds › Section 606.87 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Access Rules › Revocation › Section 606.95 - Cause for revocation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
						following shall constitute sufficient cause for the board to cancel and revoke
						any permit:
(1) any violation of, or failure
						to comply with, any of the rules and regulations of the board, including SEQR
						procedures adopted by the board pursuant to article 8 of the New York State
						Environmental Conservation Law;
(2)
						any violation of, or failure to comply with, any rule, regulation or law,
						either local, State or Federal, applicable thereto; or
(3) any other cause or reason deemed by the
						board to be sufficient.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Access Rules › Revocation › Section 606.96 - Notice and hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In cases
						where any access right or use is reserved in a deed, the board, before any
						determination is made by it cancelling or revoking a permit granted and issued
						in reference to such access right or use, shall serve on the permittee a 10-day
						notice of a hearing to be had by the board, accompanied with a statement of the
						cause or causes upon which the proceeding for the cancellation and revocation
						of the permit is based.
(b) The
						permittee may appear in person or by attorney and make and file answer to such
						statement. On such hearing oral or documentary testimony or both may be taken
						and considered by the board. At the conclusion of such hearing, the board shall
						make a determination which shall be deemed final, and serve a copy thereof on
						the permittee. If such determination is against the permittee, the permit
						involved shall be declared cancelled and revoked.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Amending or Abrogating Rules or Suspension Thereof › Section 606.100 - Amendment, abrogation or suspension

Current through Register Vol. 46, No. 28, July 10, 2024
The board reserves the right to alter, amend or abrogate
						any or all of the rules and regulations in this Part, and may adopt new ones at
						any time the board may deem expedient. In any case wherein the board deems it
						just and proper, the operation or application of any rule or regulation herein
						may be suspended.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Penalties and Construction › Section 606.105 - Penalties and construction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 persons will be held responsible for compliance with the foregoing rules and
					 regulations. Any person causing or responsible for any trespass upon, or injury
					 or damage to, lands acquired in the name of the people of the State of New York
					 for the uses and purposes of the reservoir, will be held liable in respect
					 thereto for penalties, damages and administrative fees as established by the
					 board.
(b) Any person violating any
					 of the foregoing rules and regulations shall, in addition to the other
					 prescribed liabilities and penalties, be deemed to have interfered with the
					 operation of, or caused injury to, a regulating reservoir, and be subject to
					 the provisions of subdivision 3, section 15-2133, article 15 of the
					 Environmental Conservation Law.
(c)
					 No permit granted and issued by the board shall be deemed to authorize the
					 permittee to trespass upon any private lands or to do any injury thereto, or
					 exclusively occupy and land owned by the State, including lands under water, or
					 exclusively use any public waters of the State.
(d) Nothing contained in any of these rules
					 and regulations shall be construed as compelling the granting and issuance of a
					 permit to any person, nor to prevent the revoking, as herein provided, of any
					 permit.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Saving Provision › Section 606.109 - Saving provision

Current through Register Vol. 46, No. 28, July 10, 2024
Any rules or regulations set forth in this Part shall be
						deemed to be in addition to rules and regulations prescribed for the use of
						lands of the State of New York, and in the event any rule or regulation herein
						set forth is contrary to the existing law, then such rule or regulation shall
						be deemed to be null and void, but the voiding of any rule or regulation herein
						contained shall not affect the remaining rules and
						regulations.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Effective Date of Rules › Section 606.110 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
The foregoing rules and regulations shall be effective
						and in force on and after the date of approval thereof by the Department of
						Environmental Conservation and compliance with sections 101-a and 102 of
						article 6 of the Executive Law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Review of Apportionment › Section 606.126 - Apportionment purpose

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to statute, the board of the Hudson River-Black
						River Regulating District must prepare an estimate of the cost of the
						reservoirs operated by the regulating district and then apportion such cost,
						less the amount which may be chargeable to the State, among the public
						corporations and parcels of real estate benefitted, in proportion to the amount
						of benefit which will inure to each such public corporation or parcel of real
						estate by reason of such reservoir. The regulating district board shall certify
						such apportionment to the Department of Environmental Conservation for
						approval. Upon department approval, the apportionment shall be served and filed
						as required by statute.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Review of Apportionment › Section 606.127 - Apportionment date

Current through Register Vol. 46, No. 28, July 10, 2024
The regulating district shall by resolution determine the
						apportionment date. The value, condition and ownership of parcels of real
						estate benefitted by the operation of the reservoir shall be determined as of
						the apportionment date. Unless directed to modify the apportionment by the
						department, the regulating district may not unilaterally modify the
						apportionment until after the conclusion of the apportionment grievance
						hearing.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Review of Apportionment › Section 606.128 - Publication of the apportionment

Current through Register Vol. 46, No. 28, July 10, 2024
Upon approval of the department, the regulating district
						board shall place a notice in the regulating district's official newspapers
						detailing when and where the apportionment roll and the data upon which it is
						based will be available for review. The notice shall specify:
(a) the apportionment date;
(b) the address and telephone number for the
					 regulating district office at which aggrieved persons may make an appointment
					 with regulating district staff to review the apportionment;
(c) the address and telephone number for the
					 regulating district office at which formal complaints may be filed;
(d) the last date for the filing of formal
					 complaints;
(e) the date upon which
					 aggrieved parties must notify the board regarding the basis for the complaint
					 and approximate time required to present written and/or oral testimony in
					 support of the complaint; and
(f)
					 the date, time and place for the apportionment grievance hearing at which the
					 regulating district board shall hear formal complaints.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Review of Apportionment › Section 606.129 - Apportionment grievance hearing

Current through Register Vol. 46, No. 28, July 10, 2024
Following department approval, service and filing, the
						regulating district board shall, upon not less than 45 days' notice, conduct a
						public hearing at which all public corporations and owners of parcels of real
						property interested in or aggrieved by the apportionment shall be afforded an
						opportunity to present documentary and/or oral testimony contesting such
						apportionment.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Review of Apportionment › Section 606.130 - Notice to board of intent to seek modification

Current through Register Vol. 46, No. 28, July 10, 2024
Following the board's publication of notice that it will
						conduct a public hearing, and at least seven days prior to the commencement of
						that public hearing, any public corporation or person deeming themselves to
						have been aggrieved shall notify the board in writing regarding the basis for
						the requested modification to the apportionment. The aggrieved party's written
						complaint shall provide an estimate of the time necessary to present evidence
						at the apportionment grievance hearing and must be received by the board, at
						the address indicated on or before the date and time indicated in the board's
						published notice. The board shall cause to be published on its website a copy
						of each such written complaint.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Review of Apportionment › Section 606.131 - Complaint procedure

Current through Register Vol. 46, No. 28, July 10, 2024
The complaint should include statements, records and
						other relevant information to support the requested apportionment modification.
						The aggrieved party may appear at the apportionment grievance hearing in person
						to present oral and written testimony, and may appear with or without an
						attorney or other representative. Authorization for appearances by counsel or
						other representation must be put in writing and bear a date within the same
						calendar year in which the complaint is filed. A quorum of the regulating
						district board will preside at the apportionment grievance hearing. The board
						may require an aggrieved party to submit additional evidence and, should the
						party willfully refuse to submit such evidence, or should the aggrieved party
						refuse to answer any material question, the aggrieved party will not be
						entitled to an apportionment modification or subsequent judicial
						review.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Review of Apportionment › Section 606.132 - Conduct of apportionment grievance hearing

Current through Register Vol. 46, No. 28, July 10, 2024
There is a presumption that the apportionment determined
						by the regulating district and approved by the department is correct. The
						burden to prove otherwise, by substantial evidence, lies with the public
						corporation or owner of a parcel of real property interested in or aggrieved by
						the apportionment. Only the current apportionment may be aggrieved. A separate
						complaint must be filed for each parcel or public
						corporation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Review of Apportionment › Section 606.133 - Modification of apportionment following apportionment grievance hearing

Current through Register Vol. 46, No. 28, July 10, 2024
If, after examining documentary evidence and hearing
						testimony, the regulating district board shall modify such apportionment, the
						revised apportionment shall not become effective until approved by the
						Department of Environmental Conservation and a copy thereof is served and filed
						in the same manner as upon the completion of the same in the first instance at
						which time the apportionment shall be final and conclusive. If the regulating
						district board adopts a resolution approving the apportionment without
						modification, the apportionment shall be final and
						conclusive.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 606 - Use, Operation And Maintenance Of Great Sacandaga Lake (formerly The Sacandaga Reservoir) › Review of Apportionment › Section 606.134 - Judicial review

Current through Register Vol. 46, No. 28, July 10, 2024
Parties dissatisfied with the final apportionment
						determination may elect to challenge such apportionment pursuant to article 78
						of the New York Civil Practice Law and Rules.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 607 - State Aid To Counties In Conjunction With Small Watershed Protection And Flood Prevention Projects › Section 607.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Project shall
				  mean the construction of flood prevention works in one specific
				  watershed.
(b) Lands (easements and
				  rights-of-way) shall mean the physical lands only, which have been or will be
				  acquired in fee title or less than fee title for the purpose of the
				  project.
(c) Easements and
				  rights-of-way shall mean any right of user on the land, whether legal or
				  equitable, necessary for the purpose of the project.
(d) Commissioner shall mean the Commissioner
				  of Environmental Conservation.
(e)
				  Authorized expenditures shall mean those expenditures determined by the
				  commissioner to be reasonable and necessary as provided in section 299-w  of the County Law.
(f) Construction season shall mean the period
				  from spring through fall in any one calendar year when climatic conditions are
				  not so severe as to prohibit construction.
(g) Fiscal period shall mean from April 1st
				  of one year to March 31st of the following year.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 607 - State Aid To Counties In Conjunction With Small Watershed Protection And Flood Prevention Projects › Section 607.2 - Authorized expenditures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  County Law declares it to be a proper State purpose for the State to provide
				  financial reimbursement to the counties for a part of certain local costs which
				  must be met in the establishment of watershed projects.
(b) Payment shall be limited to costs for the
				  acquisition of land, easements, or rights-of-way and the reasonable legal,
				  appraisal and survey fees associated with such acquisition necessary for the
				  flood prevention works.
(c) Such
				  reimbursement shall not exceed one-half of the local expenditure for the land,
				  easements and rights-of-way and associated legal, appraisal and survey fees
				  which are necessary and required for the construction of flood prevention
				  works, not including land treatment measures, for which Federal aid for
				  construction costs is granted pursuant to the Watershed Protection and Flood
				  Prevention Act (see section
				  607.7  of this Part) (16 USC 1001
				  -
				  1009).
(d) No reimbursement will be
				  made for engineering or similar fees, contractors' services, equipment rentals,
				  real estate brokerage fees, payments to district directors, commissioners or
				  other county officials, or for land purchased for fill necessary for
				  construction of the protective works. Reimbursement for county land acquired
				  through tax default or otherwise shall not be allowed.
(e) Final decisions relating to allowable
				  charges shall rest with the Commissioner of Environmental
				  Conservation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 607 - State Aid To Counties In Conjunction With Small Watershed Protection And Flood Prevention Projects › Section 607.3 - Limitations for reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
Reimbursement for land, easements and rights-of-way shall
					 not exceed one half of the actual cost.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 607 - State Aid To Counties In Conjunction With Small Watershed Protection And Flood Prevention Projects › Section 607.4 - Prior approval to be obtained

Current through Register Vol. 46, No. 28, July 10, 2024
On or before June 1st of any calendar year, the county
					 board of supervisors shall file with the Commissioner of Environmental
					 Conservation for his approval an application for reimbursement of land,
					 easements and rights-of-way acquired or to be acquired for flood prevention
					 facility construction during that year's construction season. The request shall
					 be made in quadruplicate on forms provided by the Division of Water Resources
					 in the Department of Environmental Conservation. The application shall specify
					 the amount expended or to be expended for land, easements and rights-of-way.
					 When certified by the commissioner, one copy of the application shall be
					 returned to the county board of supervisors. The reimbursable amount estimated
					 for each specific project shall be requested by the commissioner in the budget
					 for the following fiscal period.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 607 - State Aid To Counties In Conjunction With Small Watershed Protection And Flood Prevention Projects › Section 607.5 - Procedure for obtaining reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
On or after April 1st of the year after the application has
					 been approved, the county treasurer shall file with the commissioner a voucher,
					 provided by the Division of Water Resources in the Department of Environmental
					 Conservation, listing each parcel of land, easement or right-of-way acquired
					 and the costs thereof. Attached to the voucher shall be certified copies of the
					 county's vouchers for each of said parcels, easements or rights-of-way, and a
					 map indicating parcels of land, easements or rights-of-way acquired and flowage
					 line of any permanent pool and flood pool. Indicated on each county voucher
					 shall be the name and signature of the grantor and the number of the check used
					 for payment. The county treasurer shall attest to the accuracy of the account.
					 When the claim has been approved, payment will be made to the county
					 treasurer.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 607 - State Aid To Counties In Conjunction With Small Watershed Protection And Flood Prevention Projects › Section 607.6 - Joint projects

Current through Register Vol. 46, No. 28, July 10, 2024
In the case of a joint project where two or more adjoining
					 counties have established a project in a watershed common to the counties, each
					 county of the State participating therein shall be entitled to claim for and
					 receive State aid in accordance with the pro rata share of the liabilities or
					 expenditures incurred or undertaken by said county.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 607 - State Aid To Counties In Conjunction With Small Watershed Protection And Flood Prevention Projects › Section 607.7 - References

Current through Register Vol. 46, No. 28, July 10, 2024
The following Federal statutes have been referenced in this
					 Part:
(a) Watershed Protection and
				  Flood Prevention Act means
				  16 USC 1001
				  -
				  1005,
				  effective August 4, 1954.
(b) All
				  United States publications referenced above are available from the
				  Superintendent of Documents, U.S. Government Printing Office, Washington, DC
				  20402.
(c) All material referenced
				  in this Part is available for copying and inspection at the New York State
				  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 E - WATER REGULATION › Part 608 - USE AND PROTECTION OF WATERS › Section 608.2 - Disturbance of protected streams

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Permit required. Except as provided in
				  subdivision (b) of this section, no person or local public corporation may
				  change, modify or disturb any protected stream, its bed or banks, nor remove
				  from its bed or banks sand, gravel or other material, without a permit issued
				  pursuant to this Part.
(b)
				  Exceptions. The requirement of a permit pursuant to subdivision (a) of this
				  section does not apply to the following:
(1)
				  a local public corporation that has entered into a written memorandum of
				  understanding with the department establishing the plan of operation that will
				  be followed in conducting any activity described in subdivision (a) of this
				  section that will afford proper protection to the public beneficial uses of
				  protected streams and navigable waters of the State; or
(2) any person actively cultivating land
				  devoted to agriculture, whether or not such land is along a protected stream,
				  provided that this exception shall be limited to agricultural activities
				  consisting only of the crossing and recrossing of a protected stream by
				  livestock or wheeled farming equipment normally used for traditional
				  agricultural purposes or of withdrawing irrigation water in a manner which does
				  not otherwise alter the stream.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 608 - USE AND PROTECTION OF WATERS › Section 608.3 - Dams

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Permit
				  required. Except as provided in subdivision (a)(3) of this section, no person
				  or local public corporation may construct, reconstruct, repair, breach, or
				  remove without a permit issued pursuant to this Part.
(b) Exceptions. The requirement of a permit
				  pursuant to subdivision (a) of this section does not apply to the following:
(1) the construction, reconstruction, repair,
				  breach or removal of a dam that has a height less than 15 feet, and a maximum
				  impoundment capacity less than three million gallons;
(2) the construction, reconstruction, repair,
				  breach or removal of a dam with a height equal to or less than six feet,
				  regardless of its maximum impoundment capacity, or a dam with a maximum
				  impoundment capacity equal to or less than one million gallons, regardless of
				  its height; and
(3) the ordinary
				  maintenance of a dam.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 608 - USE AND PROTECTION OF WATERS › Section 608.4 - Docks and moorings

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Applicability. This section applies to the construction, reconstruction or
				  repair of docks, piers, wharfs, platforms, breakwaters and the installation of
				  moorings, in on or above the navigable waters of the State lying above
				  underwater lands not owned by the State. Use of State-owned lands under water
				  generally required a lease, easement, permit or other interest from the
				  Commissioner of the New York State Office of General Services, pursuant to
				  regulations implementing the Public Lands Law. The department will review any
				  application for a lease, easment. permit or other interest submitted to the
				  Office of General Services. except lawful facilities in existence on June 17,
				  1992, utilizing the criteria set forth in this Part, including consideration of
				  the degree to which the activity is water-dependent. The Office of General
				  Services will incorporate as conditions on any lease, easement, permit or other
				  interest, any specific recommendation made by the department.
(b) Permit required. Except as provided in
				  subdivision (c) of this section, no person or public corporation may:
(1) construct, reconstruct, modify, repair or
				  change the use of any dock, pier, wharf, platform, breakwater or other
				  structure in on or above the navigable waters of the State; or
(2) install or modify any mooring area;
				  without a permit issued pursuant to this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 608 - USE AND PROTECTION OF WATERS › Section 608.5 - Excavation or placement of fill in navigable waters

Current through Register Vol. 46, No. 28, July 10, 2024
Permit required. No person, local public corporation or
					 interstate authority may excavate from or place fill, either directly or
					 indirectly, in any of the navigable waters of the State or in marshes,
					 estuaries, tidal marshes and wetlands that are adjacent to and contiguous at
					 any point to any of the navigable waters of the State, and that are inundated
					 at mean high water level or tide, without a permit issued pursuant to this
					 Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 608 - USE AND PROTECTION OF WATERS › Section 608.6 - Permit application procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An application for a permit under this
				  Part must be submitted to the appropriate regional permit administrator.
				  Applications must be made on forms prescribed by the department and must be
				  accompanied by:
(1) a plan of the proposed
				  project;
(2) a map showing its
				  location; and
(3) other information
				  that the department deems necessary to properly review and assess the effects
				  of a proposed project.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 608 - USE AND PROTECTION OF WATERS › Section 608.7 - Permit application review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department will review applications,
				  plans, and other supporting information submitted and may:
(1) grant a permit approving the manner and
				  extent to which alterations are proposed to be made to water resources of the
				  State;
(2) grant a permit with
				  conditions as necessary to protect the health, safety, or welfare of the people
				  ofthe State, and its natural resources; or
(3) deny a permit.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 608 - USE AND PROTECTION OF WATERS › Section 608.8 - Standards

Current through Register Vol. 46, No. 28, July 10, 2024
The basis for the issuance or modification of a permit will
					 be a determination that the proposal is in the public interest, in that:
(a) the proposal is reasonable and
				  necessary;
(b) the proposal will
				  not endanger the health, safety or welfare of the people of the State of New
				  York; and
(c) the proposal will not
				  cause unreasonable, uncontrolled or unnecessary damage to the natural resources
				  of the State, including soil, forests, water, fish, shellfish, crustaceans and
				  aquatic and land-related environment.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 608 - USE AND PROTECTION OF WATERS › Section 608.9 - Water quality certifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Water quality certifications required by section 401 of the Federal Water
				  Pollution Control Act, Title
				  33
				  United States Code 1341 (see subdivision [c]
				  of this section). Any applicant for a Federal license or permit to conduct any
				  activity, including but not limited to the construction or operation of
				  facilities that may result in any discharge into navigable waters as defined in
				  section 502 of the Federal Water Pollution Control Act (33
				  USC 1362), must apply for and obtain a water
				  quality certification from the department. The applicant must demonstrate
				  compliance with sections 301-303, 306 and 307 of the Federal Water Pollution
				  Control Act, as implemented by the following provisions:
(1) effluent limitations and water
				  quality-related effluent limitations set forth in section
				  750-1.11 
				  of this Title;
(2) water quality
				  standards and thermal discharge criteria set forth in Parts 701, 702, 703 and
				  704 of this Title;
(3) standards of
				  performance for new sources set forth in section
				  750-1.11 
				  of this Title;
(4) effluent
				  limitations, effluent prohibitions and pretreatment standards set forth in
				  section
				  750-1.11 
				  of this Title;
(5) prohibited
				  discharges set forth in section
				  750-1.3  of
				  this Title; and
(6) State statutes,
				  regulations and criteria otherwise applicable to such activities.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 608 - USE AND PROTECTION OF WATERS › Section 608.10 - Special provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Projects requiring more than one permit under this Part. The provisions of one
				  section of this Part do not affect or replace the provisions of other
				  applicable sections of this Part requiring a permit. The department will
				  require the submission of only one permit application if it is determined that
				  the proposed project requires a permit pursuant to more than one section of
				  this Part.
(b) Emergency
				  authorization. The department may issue an emergency authorization for
				  activities requiring a permit under the provisions of this Part pursuant to the
				  provisions of article 70, section 70-0116  of the Environmental
				  Conservation Law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 609 - Reclassification Of Waters › Section 609.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
It is the objective of the State that water classifications
					 provide for the protection and propagation of fish, shellfish and wildlife, and
					 for recreation in and on the water, and take into account the use and value of
					 public water supplies, propagation of fish, shellfish and wildlife, recreation
					 in and on the water, and agricultural, industrial and other purposes, including
					 navigation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 609 - Reclassification Of Waters › Section 609.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to all petitions for reclassification of
					 waters of the State. Petitions for reclassification may be submitted by any
					 person or public corporation. Reclassifications may be initiated by the
					 department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 609 - Reclassification Of Waters › Section 609.3 - Contents of petition

Current through Register Vol. 46, No. 28, July 10, 2024
The petition shall be accompanied by a form provided by the
					 department and shall include the following information on the waters requested
					 to be reclassified:
(a) name or names
				  of the waters or water segment;
(b)
				  location of the waters or water segment;
(c) present classification of the waters or
				  water segment;
(d) list of
				  municipalities through which these waters flow;
(e) factual basis for the reclassification
				  request, including a discussion of the following factors, where applicable:
(1) size, depth, surface area covered,
				  volume, direction and rate of flow, stream gradient and temperature of the
				  water;
(2) character of the
				  district bordering said waters and its peculiar suitability for the particular
				  uses, and with a view to conserving the value of the same and encouraging the
				  most appropriate use of lands bordering said waters, for residential,
				  agricultural, industrial or recreational purposes;
(3) the uses which have been made, are being
				  made or may be made, of said waters for transportation, domestic and industrial
				  consumption, bathing, fishing and fish culture, fire prevention, the disposal
				  of sewage, industrial waste and other wastes, or other uses within this State,
				  and, at the discretion of the department, any such uses in another state on
				  interstate waters flowing through or originating in this State; and
(4) existing quality of said
				  waters.