N.Y. Comp. Codes R. & Regs. tit. 21 § 890.82
Current through Register Vol. 46, No. 45, November 2, 2024
Review and consideration of any project affecting wetlands conducted pursuant to this policy shall include balanced assessment of the environmental and economic impact of the project. Encroachment on wetlands shall not be permitted unless such assessment shall establish that no feasible alternative exists and that overriding public interest has been demonstrated. Project encroachments having no alternatives and demonstrating an overriding public interest shall be planned, constructed and operated in a manner to safeguard the present and future public interest in the environmental values derived from such areas.
N.Y. Comp. Codes R. & Regs. Tit. 21 § 890.82