N.Y. Comp. Codes R. & Regs. tit. 6 § 646-5.8

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

Section 646-5.8 - Standards for Stream Crossings and Stream Bed Disturbances

(a) The following criteria shall apply to all stream crossings and stream bed disturbances.

(1) Stream crossing, channelization, or piping is allowed only for utility crossings, logging roads, public roads (including subdivision roads to be accepted), approved private roads, and driveways to access private real property.

(2) Separate road and utility crossings shall not be approved when the consolidation of the proposed crossings is feasible.

(3) When separate road and utility crossings are necessary, the preferred methodology for utility establishment shall be by directional boring under the stream bed.

(4) The number of crossings shall be limited to one per site per stream.

(5) When culverts or arches are used, they shall be used so as to maintain the natural course and bed of the stream.

(6) Culverts and arches must be sized and designed in accordance with standard design practices, including allowing for safe passage for wildlife and floodplain flows.

(7) All stream crossings shall be designed to safely pass the fifty (50)-year, peak storm event. The Commission may require additional design features it determines necessary to prevent a hazard to downstream property and natural resources.

(8) Stream crossings shall not impound water during the 10-year storm event.

(9) Stream crossing structures shall be designed to span one and one-fourth (1.25) times the stream bed width.

(10) Culverts shall be embedded twenty-percent (20%) along their entire linear length.

(11) Any stream bed disturbance shall promote the natural shape, slope, and substrate of a stream.

(12) Any stream bed disturbance shall be limited to the minimum disturbance necessary.

(13) Creation of land disturbance and impervious areas for driveways and roads shall be limited to a maximum width of twenty (20) feet and thirty (30) feet, respectively. If this standard conflicts with standards at 6 NYCRR 646-5.7(a) (1-3), this provision shall control.

(14) Crossings that convey wastewater shall be depicted on a survey map prepared and stamped by a professional surveyor licensed to operate in New York State. The survey map shall be filed with the Office of the County Clerk in the county where the property is located.

(15) No permit shall be issued pursuant to this Subpart unless the Commission first determines that the activity is reasonable and necessary, will not endanger the health, safety or welfare of the public, and will not cause damage to downstream properties or the natural resources of the Lake George Park.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 646-5.8

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