N.Y. Comp. Codes R. & Regs. tit. 6 § 646-5.7

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

Section 646-5.7 - Standards for the Protection of Designated Stream Corridors

(a) The following standards shall apply to all development, land disturbance, and land clearing within a designated stream corridor:

(1) within 6 feet of the high water mark of a stream no vegetation may be removed, except that a contiguous clear-cut opening may be created. The opening shall not exceed 30% of the stream length on a site or a maximum of 75 linear feet, whichever is less.

(2) between 6 feet and 35 feet from the highwater mark of a stream no woody vegetation greater than one inch in diameter at 4.5 feet above ground elevation may be removed, except that a contiguous clear-cut opening may be created. The opening shall not exceed 30% of the stream length on a site or a maximum of 75 linear feet, whichever is less.

(3) a maximum of 100 square feet of new impervious area or 400 square feet of porous pavement (i.e. porous pavers) may be created on a site.

(4) where development exists within a designated stream corridor prior to the effective date of this Subpart, these areas are to be considered in aggregate with any proposed development, land disturbance, and land clearing such that the total development within a designated stream corridor complies with the standards above. If development within a designated stream corridor exists prior to the effective date of this Article and exceeds the standards above, it may be maintained in perpetuity.

(b) Prior to the issuance of a permit pursuant to this Subpart, the Commission shall ascertain the probable effect of the project on the water quality of the stream and the Lake and on the natural resources of the Park including the flora and fauna. When it is determined that the proposed activity will endanger the health, safety or welfare of the public or lead to unnecessary, uncontrolled or undue impacts to water quality, to the natural resources of the Park or to the physical or ecological integrity of a designated stream corridor, the permit shall be denied.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 646-5.7

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