N.Y. Comp. Codes R. & Regs. tit. 21 § 890.83

Current through Register Vol. 46, No. 45, November 2, 2024

Section 890.83 - Commission, jurisdiction

The commission shall exercise its jurisdiction over wetlands in a manner which will assist, supplement and overview actions of agencies signatory to the Delaware River Basin Compact and in a manner that will avoid unnecessary regulatory activity. To avoid duplication or conflicting regulatory activity, the commission will undertake review and action on projects affecting 25 or more acres of wetlands as provided for in section 2-3.5 of the Rules of Practice and Procedure. Projects affecting less than 25 acres of wetlands will be subject to commission review and action only under the following circumstances:

(a) Where neither a state nor federal level review and permit system is in effect, and the executive director determines that a project is of major regional or interstate significance requiring action by the commission; or

(b) When a commissioner or the executive director determines that the final action of a state or Federal permitting agency may not adequately reflect the commission's policy as to wetlands of the basin.

In the case of a project affecting less than 25 acres for which there has been issued a state or federal permit, a determination to undertake review and action, by the commission shall be made no later than 30 days following notification of the commission of such permit action. The executive director, with the approval of the chairman, may, at any time within the 30-day period inform any permit holder, signatory party or other interested party that the commission will decline to undertake review and action concerning any such project.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 890.83