N.Y. Comp. Codes R. & Regs. tit. 6 § 646-4.5

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

Section 646-4.5 - Prohibitions

(a) Wherever the commission has assumed jurisdiction for stormwater management within the Lake George Park pursuant to section 43-0112(3) of the Environmental Conservation Law and unless otherwise exempted herein, no person shall cause or create any new impervious surface such as pavement, blacktop, macadam, packed earth and crushed stone without first receiving a permit issued by the commission pursuant to this Subpart.

(b) No person or owner of real property located within the Lake George Park shall create or maintain a condition, which due to a human disturbance of land, vegetative cover, or soil, may result in the erosion of soil from the site or into any water body. The commission shall notify a property owner of such condition on his property and shall afford a reasonable time period to correct any such condition before a violation shall be deemed to exist.

(c) Except for the activities exempted pursuant to section 646-4.6 of this Subpart, no person shall cause or create a land disturbance without first receiving a permit from the commission pursuant to this Subpart.

(d) No person shall fail to comply with conditions and plans of a stormwater management permit authorized by the commission pursuant to this Subpart.

(e) No person shall cause or create a condition of flooding, erosion, siltation or ponding resulting from failure to maintain previously approved stormwater control measures where such condition is injurious to the health, welfare or safety of individuals residing in the park or injurious to any land within the park. The commission shall notify a property owner of such condition on his property and prescribe measures necessary to reestablish effective performance of the approved stormwater control measures. The commission shall afford such property owner a reasonable time period in which to correct any such condition, before a violation is deemed to exist.

(f) No person shall build, alter or modify a stormwater control measure without first receiving a permit from the commission.

(g) No person shall apply or authorize the application of lawn fertilizers within fifty (50) feet of any water body, except for newly established lawns during their first growing season or situations in which a reliable soil test indicates a need for the addition of fertilizer.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 646-4.5

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