N.Y. Comp. Codes R. & Regs. tit. 6 § 505.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 505.4 - Applicability

(a) This section enumerates the instances when the department will exercise jurisdiction over the issuance of coastal erosion management permits. With the exception of regulated activities undertaken by State agencies, the department will not assume or exercise such jurisdiction until after all appropriate levels of local government have had an opportunity to assume and exercise such jurisdiction.

(b) State agencies that propose to undertake any regulated activity within an identified erosion hazard area must first obtain a coastal erosion management permit from the department.

(c) The department is the regulatory authority and will process coastal erosion management permit applications for regulated activities within the City of New York when:

(1) New York City fails to submit to the commissioner a local program within six months after the filing of the applicable coastal erosion hazard area maps, or within such time as may be extended by the commissioner pursuant to section 34-0105(3) of the act, and the department meets the public hearing and notification requirements of section 34-0107(2) of the act;

(2) New York City's proposed local program is not approved by the commissioner within six months after the filing of the applicable coastal erosion hazard area maps, or within such time as may be extended by the commissioner pursuant to section 34-0105(3) of the act, and the department meets the public hearing and notification requirements of section 34-0107(2) of the act; or

(3) the commissioner revokes his approval of New York City's local program because of improper administration or enforcement.

(d) The department is the regulatory authority and will process coastal erosion management permit applications for regulated activities within any county outside New York City when:

(1) such a county fails to submit to the commissioner a local program within six months after receipt of notification as required by section 34-0106(1) of the act, or within such time as may be extended by the commissioner pursuant to subdivision (3) of such section, and the department meets the public hearing and notification requirements of section 34-0107(2) of the act; or

(2) such county's proposed local program is not approved by the commissioner within six months after the filing of the applicable coastal erosion hazard area maps, or within such time as may be extended by the commissioner pursuant to section 34-0106(3) of the act, and the department meets the public hearing and notification requirements of section 34-0107(2) of the act; or

(3) the department does not authorize such a county to administer a city, town or village local program which has been revoked because of improper administration or enforcement; or

(4) the commissioner revokes his authorization of a county to administer and enforce a city, town or village local program because of improper administration or enforcement; or

(5) the commissioner revokes his approval of a county local program because of improper administration or enforcement.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 505.4