N.Y. Comp. Codes R. & Regs. tit. 6 § 505.5

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

Section 505.5 - Coastal erosion management permits; regulatory procedures

(a) Any person proposing to undertake a regulated activity within a designated erosion hazard area must first obtain a coastal erosion management permit.

(b) Coastal erosion management permit applications are available from each regional office of the department. Applications must be made on a form prescribed by the department, and must include the following information:

(1) a description of the proposed activity;

(2) a map drawn to a scale no smaller than 1:24,000, showing the location of the proposed activity; and

(3) additional information the department may require to properly evaluate the proposed activity. Coastal erosion management permit applications are not complete until any required fees are submitted. Completed coastal erosion management permit applications should be submitted to the appropriate regional permit administrator.

(c) Prior to issuing a coastal erosion management permit for a regulated activity undertaken by a State agency within a local government jurisdiction having a local program, the department must first make a finding that the standards, restrictions and requirements of the local program, adopted pursuant to section 34-0108 of the act, have been met.

(d) Article 70 of the Environmental Conservation Law and Part 621 of this Title govern the department's procedures for the issuance, modification, renewal, suspension and revocation of coastal erosion management permits under this Part.

(e) All regulated activities are subject to the review procedures required by the State Environmental Quality Review Act (SEQR), article 8 of the Environmental Conservation Law. The applicant may be required to submit information necessary for compliance with SEQR in addition to information required under this Part.

(f) A coastal erosion management permit may be issued with such terms and conditions as are necessary to ensure compliance with the policies and provisions of the act and of this Part.

(g) A coastal erosion management permit issued pursuant to this Part does not relieve such permit applicant from the responsibility of obtaining other permits or approvals as may be necessary, nor does it convey any rights or interest in real property.

(h) Where more than one regulatory agency has jurisdiction over an activity regulated by this Part, the application review process and hearing process must be consolidated and coordinated as required by sections 34-0105(6), 34-0106(9) and 34-0107(6) of the act, upon request of the applicant.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 505.5