N.Y. Comp. Codes R. & Regs. tit. 6 § 646-5.5

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

Section 646-5.5 - Provisions Relating to Silviculture Activity

(a) The permit requirements in 6 NYCRR 646-5.3 shall not apply to silviculture activity provided all of the following are met:

(1) the project qualifies for exemption from stormwater regulations at 6 NYCRR 646-4.6, and the property owner, their agents or assigns, provides a completed notice of intent to harvest timber checklist to the Commission a minimum of fifteen (15) days in advance of starting land disturbance or vegetation removal, and posts a copy of the notice of intent to harvest timber checklist in a conspicuous location at the access to the property to be harvested,

(2) the project complies with the Standards for the Protection of Designated Stream Corridors at 6 NYCRR 646-5.7(a) of this Subpart,

(3) any stream crossings are authorized by the Department's General Permit for Temporary Bridges/Culverts for Logging Activities. The conditions of the Department's General Permit for Temporary Bridges/Culverts for Logging Activities shall control over standards for Stream Crossings and Stream Bed Disturbances at 6 NYCRR 646-5.5,

(4) except as necessary for stream crossings, there shall be no wood roads, skid trails, or log landings within designated stream corridors

(5) the number of crossings per site shall not exceed one per 1,000 feet of stream

(6) the project is in accordance with the New York State Forestry Voluntary Best Management Practices for Water Quality: BMP Field Guide 2018 Edition (nysbmpguidelines.com).

(b) The notice of intent to harvest timber checklist shall be submitted on forms made available by the Commission. A notice of intent to harvest timber checklist may cover a period of up to three years.

(c) If the Commission determines that the scope of vegetation removal, road construction, excavation, land clearing or land disturbance proposed or undertaken under a permit exemption for silvicultural activity constitutes development or otherwise poses a threat to the natural resources of the Park, it shall give written notice to the property owner that a permit is required pursuant to this Subpart. After such notice, failure by any person to obtain a permit or conform to the permit requirements shall constitute a violation of this Subpart.

(d) No person shall undertake silviculture activity or vegetative removal in a designated stream corridor except in accordance with New York State Forestry Best Management Practices for Water Quality. Whenever the Commission determines that timber harvesting or vegetative removal is occurring or has occurred in a manner not in accordance with the New York State Forestry Best Management Practices for Water Quality, it shall give notice to the property owner setting forth a reasonable period of time to undertake specific corrective action. Failure to undertake the specific corrective action prescribed in the notice within the period of time shall constitute a violation of this Article. Each day the property owner fails to undertake the specific corrective action after the period of time shall be a separate violation.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 646-5.5

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