N.Y. Comp. Codes R. & Regs. tit. 6 § 646-5.4

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

Section 646-5.4 - Exemptions

(a) The permit requirements in 6 NYCRR 646-5.3shall not apply to any of the following:

(1) Emergency actions necessary to protect the public health, safety or welfare or to prevent damage to private property for which notice is provided to the Commission within 72 hours after the emergency action.

(2) Any project that received required approvals prior to the effective date of this Subpart.

(3) Projects located entirely outside the Lake George watershed.

(4) Maintenance of structures, utility rights-of-way, impervious areas and landscaped areas existing on the effective date of this Subpart, which do not increase the footprint of existing development, do not involve stream crossings, and do not require disturbance to the stream bed.

(5) Removal of storm damaged trees that are a hazard to people or buildings.

(6) Construction of a fence.

(7) Agricultural and silviculture activities exempted by 6 NYCRR 646-4.6 and 6 NYCRR 646-5.5 of this Part, respectively. Note, though permit requirements are waived, any activity in a stream corridor must comply with all design standards of 6 NYCRR 646-5.7 and 6 NYCRR 646-5.8, except as noted in 6 NYCRR 646-5.5 below.

(8) Any activities that conform with the standards of 6 NYCRR 646-5.8 to the maximum extent practicable, and for which a permit or authorization has been issued by the Department pursuant to the processes, procedures, and standards set forth in 6 NYCRR 608 shall be exempt from 6 NYCRR 646-5.3(b) above.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 646-5.4

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