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 666 - Regulation Or Administration And Management Of The Wild, Scenic And Recreational Rivers System In New York State Excepting Private Land In The Adirondack Park › Section 666.13 - Table of use guidelines

Current through Register Vol. 46, No. 28, July 10, 2024
The table and listing of uses, restrictions and standards
						in this section is incomplete. It includes many of the most often used
						provisions of this Part. Notes in the tables provide additional standards,
						restrictions and references.
WILD, SCENIC AND RECREATIONAL RIVERS SYSTEM 6 NYCRR
						PART 666 USE GUIDELINES
Classes of Rivers: Procedural Requirements: Wild
						Rivers NPN - No permit necessary. Scenic Rivers NR - Notification required.
						Recreational Rivers P - Permit required. Communities PI - Presumed
						incompatible. X - Prohibited use.
LAND USES AND DEVELOPMENTS
WILD
SCENIC
RECR
COMM
A.
EXISTING LAND USES
1.
Continuation, without change, of land uses lawfully
								  existing on the date upon which this Part first takes effect in the river
								  area.
NPN
NPN
NPN
NPN
2.
Maintenance, rehabilitation, restoration,
								  replacement or reconstruction without change of lawfully existing structures or
								  their improvements.
NPN
NPN
NPN
NPN
3.
Resumption of a land use after it is discontinued
								  for one year. [See Note (i)]
P
P
P
P
4.
Development of any lawfully existing lot for land
								  uses or developments allowed in the river area notwithstanding that the lot may
								  not satisfy the specified minimum lot area or shoreline frontage widths. [See
								  Note (ii)]
P
P
P
P
NOTE:
(i) This requirement is not applicable to
								  agricultural land which has been farmed in two of the preceding five years or
								  which is enrolled in a federal set-aside program as part of a certified farm
								  plan.
(ii) All contiguous parcels held in actual or
								  effective ownership on or after the date upon which this Part first takes
								  effect in a given river area shall be deemed a single lot.
B.
DAMS, IMPOUNDMENTS AND WATER WITHDRAWALS
1.
Modification of the waterway by impoundment,
								  diversion, rip-rap, bulkheads, structures or improvements impeding or altering
								  the natural flow of water or free-flowing condition of the river. [See Part
								  666.11(a) & Note]
X
X
X
X
2.
Water withdrawals from the river subject to the
								  provisions of Part 666.11(b).
X
P
P
P
3.
Surface water diversions subject to the provisions
								  of Part 666.11(b).
X
P
P
P
4.
Groundwater withdrawals subject to the provisions
								  of Part 666.11(b)(2).
X
P
P
P
5.
Water releases from impoundments in the watershed
								  of the designated segment subject to the provisions of Part 666.11(b).
X
P
P
P
6.
Water-related or water-dependent land uses or
								  developments in the watershed of a designated river segment and which affect
								  all or part of the flow in the designated river subject to the provisions of
								  Part 666.11(b).
X
P
P
P
NOTE:
New construction or operation of hydroelectric
								  generation facilities will be permitted at existing dams on scenic and
								  recreational rivers subject to the provisions in Part 666.11(a)(3).
C.
RESIDENTIAL STRUCTURES
1.
Private dwellings, mobile homes, and multiple
								  family dwellings located within the 100-year floodplain or within 150 feet of
								  the river and/or tributary bank.
X
X
X
X
2.
Private dwellings and mobile homes dwellings:
a) located between 150 and 250 feet of the river or
								  tributary bank. [See Notes (i)-(vi)]
X
X
P
NPN
b) located more than 250 feet from the river or
								  tributary bank. [See Notes (i)-(vi)]
X
P
P
NPN
3.
Multiple family dwellings located more than 150
								  feet from the river bank. [See Notes (i), (iv)-(vi)]
X
X
P
P
4.
Conversions of existing principal buildings
								  associated with resort hotels, rental cottages and group camps to residential
								  use.
X
X
P
P
5.
Expansions of lawfully existing residential
								  structures which do not exceed any standard in this Part up to a cumulative
								  total of 500 square feet from the date this Part first takes effect.
X
NPN
NPN
NPN
NOTE:
(i) All new residential structures constructed
								  within 500 feet of the bank must be screened by vegetation or topographic
								  features as viewed from the river; must not exceed 34 feet in height; and must
								  not be constructed on a slope greater than 15 percent.
(ii) Each private dwelling or mobile home in a
								  scenic river area must be on a lot of at least 4 acres and have, when
								  applicable, a shoreline frontage of at least 300 feet.
(iii) Each private dwelling or mobile home in a
								  recreational river area must be on a lot of at least 2 acres and have, when
								  applicable, a shoreline frontage of at least 200 feet.
(iv) Multiple family dwellings must be on a lot of
								  at least one acre per living unit and have, when applicable, a shoreline
								  frontage of at least 200 feet.
(v) Clustering will be encouraged and may be
								  allowed by rivers system permit in order to maintain undeveloped and
								  undisturbed open areas.
(vi) When clustering is permitted, the minimum
								  cumulative, developable acreage, density and, when applicable, shoreline
								  acreage, density and, when applicable, shoreline lot width must be satisfied
								  for the parcel as a whole. For scenic and recreational river areas, not less
								  than 40 percent or 30 percent of the clustered subdivision respectively will be
								  retained in an undisturbed condition during and after development.
D.
NON-RESIDENTIAL STRUCTURES
1.
Agricultural use structures located 100 feet or
								  more from the river bank. [See Notes (i) & (ii)]
X
NPN
NPN
NPN
2.
Forest management and accessory structures (other
								  than docks and boathouses) located on slopes of 15% or less, beyond the
								  100-year floodplain and:
a) 150 feet or more from the river bank, whichever
								  is greater. [See Notes (i)-(iii)]
X
X
NPN
NPN
b) 250 feet or more from the river bank, whichever
								  is greater. [See Notes (i)-(iii)]
X
NPN
NPN
NPN
3.
Lean-tos
a) with less than 200 sq.ft. of floor space. [See
								  Notes (i)-iii)]
X
NPN
NPN
NPN
b) with 200 sq.ft. or more of floor space. [See
								  Note (ii)]
X
P
P
P
4.
Docks. [See Note (iv)]
X
P
P
P
5.
Boathouses for boat storage or shelterage only.
								  [See Note (ii)]
X
P
P
P
6.
Stream improvement structures for fishery
								  management purposes.
X
P
P
P
7.
Fences.
X
P
P
P
NOTE:
(i) Structures listed above as NPN are P when
								  located less than 500 feet from the river bank or 250 feet from the bank of a
								  tributary but beyond the setbacks specified above.
(ii) No new non-residential structure shall exceed
								  34 feet in height except agricultural silos.
(iii) New forest management and accessory
								  structures constructed within 500 feet of the bank of the river shall be
								  screened by vegetation or topographic features as viewed from the river.
(iv) Any new dock will be designated and developed
								  so as to minimize its intrusion, if any, into the river and will not impede its
								  natural flow or, if applicable, its navigability.
E.
ROADS, TRAILS, BRIDGES AND MOTORIZED ACCESS
1.
Private or public roads and private driveways
								  greater than 100 ft. long. [See Notes 1, 2, and 3(i)]
X
P
P
P
2.
Forest management roads and tributary bridges:
a) located less than 150 feet from the bank of the
								  designated river.
X
X
X
X
b) located 150 feet or more from the bank of the
								  designated river.
NPN
NPN
NPN
NPN
3.
Trails. [See Notes 3(ii) and (iii)]
P
P
P
P
4.
The use and operation of motor vehicles or
								  motorized equipment
a) for forest management purposes only.
NPN
NPN
NPN
NPN
b) required for any other allowable use.
X
NPN
NPN
NPN
5.
Bridges:
a) other than over a designated river, for
								  non-motorized open space recreational uses. [See Notes 1(i) and 2(i)]
X
NPN
NPN
NPN
b) over a designated river for public roads or for
								  non-motorized open space recreational uses. [See Notes 1(i), 2(i) and
								  3(iii)]
X
P
P
P
NOTE:
1.
For Areas With A Scenic River Designation:
(i) New or extended public roads, private roads
								  open to the public, and any bridges necessary thereto may be constructed only
								  to provide access for the public to the shoreline of a portion of a scenic
								  river area that is at least 2 land-miles, as measured along the river, from the
								  nearest existing public access on the same side of the river. Except for that
								  portion of a public road which provides access to a river, all such new or
								  extended roads shall be constructed no closer than 500 feet from the river
								  bank.
(ii) If no vehicle access exists to a new or
								  existing water-dependent residential or agricultural land-use or development,
								  within a scenic river area, a new private road may be allowed provided that it
								  is not open to the general public, is located at all points at least as far
								  from the river as the land-use or development, and is not located inside or
								  within 100 feet of the river bank.
2.
For Areas with a Recreational or Community
								  Designation:
(i) All roads, bridges, and motorized access
								  customarily associated with allowable uses in recreational river areas shall be
								  allowed inside or within 500 feet of the river bank only as such uses are
								  necessary for access to or for crossing the designated river.
(ii) If there is no vehicle access to a new or
								  existing land use or development within a recreational river area, a new
								  private road may be developed only if it is not open to the general public, is
								  located at all points at least as far from the river as the land use or
								  development to which it will provide access, and is not located inside or
								  within 100 feet of the river bank.
(iii) If there is no vehicle access to a new or
								  existing commercial, industrial or institutional land use or development
								  dependent upon river access within a community, a new private road providing
								  access to the river may be developed only if it is located at all points at
								  least as far from the river as the land use or development to which it will
								  provide access and is not located inside or within 100 feet of the riverbank,
								  except for single points of access.
3.
For All Designated Areas:
(i) Any new public or private road for
								  non-motorized open space recreation uses shall be reasonable and necessary; be
								  located, designed, and constructed to minimize its visibility from the river,
								  to minimize alteration of the natural environment, and to avoid undue adverse
								  environmental impacts; have its uses effectively restricted to those specified
								  by the person undertaking such activity; and have any associated bridges
								  designed so as to not interfere with the recreational use of the river.
(ii) Any new trail for non-motorized open space
								  recreation uses shall be located, designed, and constructed to minimize its
								  visibility from the river, to minimize alteration of the natural environment,
								  and to avoid undue adverse environmental impacts; have its uses effectively
								  restricted to those specified by the person undertaking such activity; and have
								  any associated bridges designed so as to not interfere with the recreational
								  use of the river.
(iii) Any bridge associated with a new trail shall
								  be constructed, to the greatest extent, of naturally occurring materials.
F.
WATER QUALITY, WASTEWATER TREATMENT, AND WASTE
								  DISPOSAL
1.
Private water supply wells.
X
P
P
P
2.
Private sewage disposal systems.
X
P
P
P
3.
Waste treatment, storage or disposal except in
								  temporary containers specifically intended for storage of such refuse.
X
X
X
X
NOTE:
For additional concerns, standards and
								  requirements, see Section
								  666.12 
								  on preservation of water quality.
G.
SIGNS AND COMMERCIAL SIGN DIRECTORIES
1.
Public safety or regulatory signs by any authorized
								  state or local government agency or public utility, where otherwise allowed by
								  law.
X
NPN
NPN
NPN
2.
Posting signs pursuant to Sections 11-2109 and
								  11-2111  of the Environmental Conservation Law that:
a) do not exceed 3 sq.ft. in size or 10 feet in
								  height;
X
NPN
NPN
NPN
b) exceed 3 sq. ft. in size or 10 feet in
								  height.
X
P
P
P
3.
Informational and directional signs as are
								  necessary to the continuance of any existing use that:
a) do not exceed 1 sq.ft. in size or 10 feet in
								  height.
X
NPN
NPN
NPN
b) exceed 1 sq. ft. in size or 10 feet in
								  height.
X
P
P
P
4.
All other signs which are located more than 500 ft.
								  from the river bank, do not contain nor are lighted by any flashing or
								  intermittent lights, and:
a) are no larger than 3 sq. ft. in size and are
								  located only upon the property with which the subject of the sign is
								  associated.
X
P
P
P
b) are no larger than 10 sq. ft. in size.
X
X
P
P
H.
PUBLIC UTILITY USES
1.
Public utility uses which are subject to review
								  pursuant to Articles VII, VIII, and X of the Public Service Law.
X
NPN
NPN
NPN
2.
Public utility uses which do not constitute major
								  public utility uses, do not cross the designated river and are proposed to be
								  located more than 500 feet from the river bank.
X
NPN
NPN
NPN
3.
Public utility uses which are not subject to
								  Articles VII, VIII, and X of the Public Service Law which
a) are major public utility uses. [see Notes
								  (iii)-(iv)]
X
P
P
P
b) are proposed to cross the river, or located
								  within 500 feet of the river bank. [see Notes (i)-(iv)]
X
P
P
P
NOTE:
(i) River crossings by public utility uses shall be
								  located only where the impacts on the scenic qualities of the river area, as
								  seen from other parts of the river area, are minimized.
(ii) River crossings by public utility uses shall
								  be limited in number and location, to the extent feasible, to those points
								  along a river where crossings are now made, or in conjunction with bridges, but
								  in no case shall they be more frequent than once every 2 miles, as measured
								  along the course of the river.
(iii) A river area public utility use shall be so
								  located, designed and constructed as to avoid undue adverse environmental
								  impacts and to minimize visibility from the river and from other parts of the
								  river area.
(iv) No pole erected for any public utility use,
								  other than those utility uses under the jurisdiction of Article VII or Article
								  VIII of the Public Service Law, shall exceed 40 feet in height.
I.
FOREST MANAGEMENT, VEGETATIVE CUTTING AND
								  AGRICULTURE
1.
Forest management practices, excluding forest
								  management roads, and other vegetative cutting:
a) located less than 100 feet from the river bank.
								  (see Notes below)
X
P
P
P
b) located 100 feet or more from the river
								  bank.
NPN
NPN
NPN
NPN
2.
Clearcutting
a) areas less than 25 acres.
NPN
NPN
NPN
NPN
b) areas 25 acres or more, aggregating areas of 8
								  acres or more which are separated by less than 300 feet at any point by an
								  intervening area with an average basal area of at least 60 sq.ft. per acre of
								  trees one inch or more in diameter at breast height. (see Notes below)
P
P
P
P
3.
Harvesting, cutting, culling, removal, thinning or
								  other disturbance of vegetation, not associated with development.
a) located less than 100 feet from the river bank.
								  (see Notes below)
X
P
P
P
b) located 100 feet or more from the river
								  bank.
X
NPN
NPN
NPN
4.
Agricultural uses
a) less than 100 feet from the river bank. [See
								  Note (xvi)]
X
NR
NR
NR
b) 100 feet or more from the river bank.
X
NPN
NPN
NPN
NOTE:
(i) Trees must be felled, where possible, so tops
								  land away from streams.
(ii) Logging debris must be removed from streams
								  immediately.
(iii) Tributary crossings may be no closer than 300
								  feet apart and must be at right angles to the stream channel.
(iv) Tributary crossings are prohibited where
								  stream bank slopes exceed 10 percent or the stream bottom is not composed
								  substantially of rock.
(v) Skidding or winching of logs or trees in or
								  along the axis of tributary channels or across wild rivers is prohibited.
(vi) Log landings must be located on well drained
								  sites 200 feet or more from the river bank and on slopes of less than 10
								  percent.
(vii) Road grades may exceed 30 percent for no more
								  than 150 feet.
(viii) Clearcuttings must leave a 50 foot uncut
								  strip along streams, ponds and wetlands and must be conducted under a
								  harvesting plan approved by the Department.
(ix) All roads, including skidways, must be
								  regraded after logging is completed.
(x) Diversion devices must be installed during
								  construction of roads on slopes exceeding 10 percent in such a way that water
								  is diverted from the road and is not discharged directly into the designated
								  river or its tributaries.
(xi) Any debris resulting from forest management
								  must, if such debris consists of hardwoods, be lopped so that no such debris is
								  piled higher than 4 feet above ground level or, if such debris consists of
								  conifers, lopped so that all limbs are removed up to a point where the tree
								  trunk has a diameter not exceeding 3 inches.
(xii) Forest management roads must be located so as
								  to minimize their visibility from the river.
(xiii) Logging equipment must not be stored within
								  the banks of the river or abandoned within the river area.
(xiv) No forest management roads will be allowed
								  inside or within 150 feet of the river bank, except those forest management
								  roads necessary for crossing the designated river and developed pursuant to a
								  rivers system permit.
(xv) The harvesting, cutting, culling, removal or
								  thinning of vegetation inside or within 100 feet of the bank of the river, that
								  is allowed with a rivers system permit, must be undertaken in a manner that
								  preserves the stability of the river bank and minimizes erosion and direct
								  runoff to the river. Such cutting must be performed in recreational river areas
								  for the purpose of creating a view provided that it occurs only in association
								  with a residential structure and that screening of the structure is maintained
								  as viewed from the river.
(xvi) New agricultural uses within 100 feet of the
								  river bank must be done in accordance with the best management practices
								  (BMP's) contained in the certified county Soil and Water Conservation District
								  conservation plan for the farm. A letter of notification and a copy of the
								  certified farm plan must be submitted to the regional DEC permit administrator
								  prior to commencement of any clearing or removal activities. Failure to comply
								  with the applicable BMP's will be considered a violation of this Part.
J.
RECREATIONAL USES AND DEVELOPMENTS
1.
Boat launching sites, water access parking areas.
								  [See Note(i)]
X
P
P
P
2.
Transient lodging facilities including campgrounds.
								  [See Note (ii)]
X
X
P
P
3.
Wildlife preserves and private parks. [See Note
								  (ii)]
X
NPN
P
P
4.
Non-motorized open space recreation uses.
NPN
NPN
NPN
NPN
5.
Public parks and beaches. [See Note (ii)]
X
X
P
P
6.
Golf courses which are operated in full compliance
								  with the provisions of an approved vegetative and integrated pest management
								  (IPM) control plan that includes protection for water quality, wildlife
								  habitats and wildlife travel corridors. [See Note (ii)]
X
X
P
P
7.
Accessory uses for any authorized land use or
								  development.
X
NPN
NPN
NPN
NOTE:
(i) Any new boat launching site or water access
								  area will be designated and developed so as to minimize its intrusion, if any,
								  into the river and will not impede its natural flow or, if applicable, its
								  navigability.
(ii) In scenic and recreational river areas, new
								  structures other than fences, leantos, docks, bridges, water acess parking
								  areas, boat launching sites, and agricultural-use structures shall not be
								  constructed on slopes of 15 percent or greater and shall be constructed beyond
								  either:
(a) the limit of the 100-year floodplain; or
(b)(1) in scenic river areas, two hundred and fifty
								  feet (250) feet from the river bank or any tributary;
(2) in recreational river areas, one hundred and
								  fifty (150) feet from the river bank or any tributary; whichever is
								  greater.
K.
MISCELLANEOUS USES AND DEVELOPMENTS
1.
Railroad and appurtenant facilities.
X
X
P
P
2.
Retail or rental facilities directly associated
								  with river recreation with 10% or less lot coverage on 3 or more acres.
X
X
P
P
3.
Other commercial, industrial, or institutional
								  uses. [See Notes (i)-(xi)]
X
X
X
P
4.
Subdividing of land:
a) one and two lot subdivisions for residential
								  development.
X
P
P
NPN
b) all other subdivision of land.
X
P
P
P
5.
Disturbances of the bed or banks of the river
								  including fill, excavation or permanent structures.
X
P
P
P
6.
Disposal of refuse and human waste of any nature in
								  a river area except in temporary containers specifically intended for storage
								  of such refuse until collection from its point of generation.
X
X
X
X
NOTE:
(i) New development must be screened from the view
								  of the river. It must not detract or interfere with the quality of the view, or
								  exceed 34 feet in height unless it is not visible from other points in the
								  river corridor.
(ii) New lots must be 3 acres or more of which 30%
								  must remain in an undisturbed condition during and after construction.
(iii) Existing lots that are smaller than 3 acres
								  may be developed for industrial, commercial and institutional uses so long as
								  they are able to conform to the other provisions in these notes.
(iv) Lot coverage may not exceed 10% of the lot
								  area. Wetland, 100-year floodplain, and open water land is excluded from lot
								  coverage calculations, except open space calculations. Potential future
								  development must be addressed by the applicant at the time of applying for
								  approval of the initial development.
(v) Developments must be setback a minimum of 100
								  feet from public roads except where such setback would interfere with the
								  setback from the river or other resources.
(vi) Development must not occur on slopes of 15% or
								  greater.
(vii) Natural drainage systems, including perennial
								  and intermittent streams, swales, and drainage ditches in an open, undisturbed
								  condition, along with adjacent vegetated filter strips must be maintained.
(viii) Priority must be given to providing and
								  maintaining wildlife travel corridors and areas to support important wildlife
								  and botanical values identified in the river corridor designation and final
								  river corridor studies.
(ix) New activities are limited to those which do
								  not release harmful effluent into the groundwater or substantially and
								  cumulatively alter associated water table or streamflow levels. No discharge
								  will be permitted at any point from any private or public sewage disposal
								  system, in such a way or of such a nature or temperature, as can harm river
								  corridor values.
(x) Commercial, industrial and institutional uses
								  may not exceed water usage equivalent to that of the residential development
								  permitted on the lot under this Part (e.g. limited to dry stores or equivalent
								  facilities).
(xi) New commercial, industrial and institutional
								  uses must be set back 500 feet from the river bank, 100 year flood plain,
								  wetlands and tributaries.
L.
OTHER LAND USES AND DEVELOPMENTS NOT SPECIFICALLY
								  LISTED
PI
PI
PI
PI