N.Y. Comp. Codes R. & Regs. tit. 6 § 646-5.2

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

Section 646-5.2 - Definitions

(a) Terms used in this Article shall have the meaning set forth in 6 NYCRR 645-2 and 6 NYCRR 646-4.4 except the following terms, as used in this Subpart, shall mean:

(1) Designated stream corridor means the stream bed and the area extending thirty-five (35) feet from the high water mark on each side of a stream.

(2) Existing development means buildings, structures, impervious areas, landscaped areas, utilities, and accessory structures present on the effective date of this Subpart.

(3) High Water Mark (HWM) of a stream means a line along the banks of a stream that is the approximate seasonal peak water level as indicated by the cut of the bank and the demarcation between terrestrial and aquatic vegetation. For the purpose of determining the high water mark, ponds of one acre or less within the stream shall be included.

(4) Landscaped area means an area of vegetation which has been actively maintained as a lawn, garden, hedge, or planting bed.

(5) Stream means a AA-special perennial stream designated or mapped by the Department.

(6) Stream bed means the flow area of a stream at and below the high-water mark of a stream.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 646-5.2

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