N.Y. Comp. Codes R. & Regs. tit. 6 § 608.3

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

Section 608.3 - Dams

(a) Permit required. Except as provided in subdivision (a)(3) of this section, no person or local public corporation may construct, reconstruct, repair, breach, or remove without a permit issued pursuant to this Part.

(b) Exceptions. The requirement of a permit pursuant to subdivision (a) of this section does not apply to the following:

(1) the construction, reconstruction, repair, breach or removal of a dam that has a height less than 15 feet, and a maximum impoundment capacity less than three million gallons;

(2) the construction, reconstruction, repair, breach or removal of a dam with a height equal to or less than six feet, regardless of its maximum impoundment capacity, or a dam with a maximum impoundment capacity equal to or less than one million gallons, regardless of its height; and

(3) the ordinary maintenance of a dam.

(c) The permit requirements for dams, as well as design criteria, are dependent upon the dam's hazard classification, as determined by the department in accordance with Part 673.5 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 608.3