N.Y. Comp. Codes R. & Regs. tit. 6 § 646-4.3

Current through Register Vol. 46, No. 25, June 18, 2024

Section 646-4.3 - Applicability

(a) General applicability. This Subpart shall apply to any municipality lying wholly or partially within the park, the commission and all development within said municipalities except development which is expressly exempt pursuant to section 646-4. 6 of this Subpart. Stormwater management plans and stormwater regulatory programs shall apply to all land within the park. Their application to other areas within a municipality is encouraged in order to protect other water resources, but is not required by this Subpart.

(b) Applicability under municipal jurisdiction. A stormwater Regulatory Program is applicable to all development projects within the municipality and within the Lake George Park except for projects specifically exempted by the program. In any municipality where there is a program in effect approved pursuant to this Subpart, the rules for the applicability of the program to projects for which applications have previously been filed, or which have received other required permits, shall be set forth in the program.

(c) Applicability under commission jurisdiction. In any municipality where the commission has assumed jurisdiction over stormwater management pursuant to Environmental Conservation Law, section 43-0112(3) and sections 646-4.5 and 646-4. 14 of this Subpart, a permit from the commission shall be required in accordance with sections 646-4.5, 646-4. 7 and 646-4. 8 of this Subpart. The design standards for stormwater controls contained in this Subpart shall be applicable in the review of permit applications. Permit applications shall be processed in accordance with the provisions of Subpart 645-5 except that the project classifications contained herein shall govern.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 646-4.3

Amended New York State Register March 17, 2021/Volume XLIII, Issue 11, eff. 3/17/2021