N.Y. Comp. Codes R. & Regs. tit. 21 § 872.3

Current through Register Vol. 46, No. 51, December 18, 2024

Section 872.3 - Permitted uses generally

(a) Within the floodway, the following uses are permitted to the extent that they do not require structures, fill or storage of materials or permanently installed equipment, and do not adversely affect the capacity of the floodway:

(1) agricultural uses such as general farming, livestock and dairy farming, horticulture, truck farming, sod farming, forestry, wild crop harvesting, and normal operating practices associated therewith;

(2) industrial-commercial uses such as loading areas, parking areas and airport landing strips;

(3) private and public recreational uses such as golf courses, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails; and

(4) uses such as lawns, gardens, parking areas and play areas.

(b) Within the flood fringe, the following uses are permitted:

(1) any use permitted in the floodway; and

(2) residences and other structures constructed so that the first floor, including basement, is above the flood protection elevation. When fill is used, the finished fill elevation shall be no lower than the flood protection elevation for the particular area and shall extend at least 15 feet beyond the limits of any structure or building erected thereon.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 872.3