N.Y. Comp. Codes R. & Regs. tit. 6 § 661.12

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

Section 661.12 - Application for a permit

(a)

(1) An application for a permit shall be flled by the applicant with the regional permit administrator on a form prescribed by the department. Such application shall set forth the purpose, character and extent of the proposed regulated activity and shall set forth with particularity the reasons the applicant seeks a permit. The application shall include a detailed description of the regulated activity; a map showing the area of tidal wetland or adjacent area directly affected, with the location of the proposed regulated activity thereon; a statement as to feasible alternatives to the proposed activity on a site that is not a tidal wetland or adjacent area or by means that do not affect tidal wetlands; a statement identifying the owner of the subject property and, where applicable, written permission of said owner for the applicant to seek permission for, and to carry out, the proposed activity; a description of the planned use of the subject property once the proposed regulated activity is completed; a plan at 1" = 50' scale with a two-foot contour interval and a representation of both the tidal wetlands landward boundary and the mean high water line; a statement of the methods to be employed to eliminate or mitigate environmental impacts; clearly labeled photographs of the site; a variance request when applicable; and such additional information as the regional permit administrator deems sufficient to enable the department to make the findings and determinations required under this Part.

(2) The application shall be accompanied by a list of the names of the owners of record of lands adjacent to the tidal wetland or adjacent area upon which the regulated activity is to be undertaken and the names of known claimants of water rights, of whom the applicant has notice, which relate to any land within, or within 300 feet of the boundary of, the property on which the proposed regulated activity is located.

(3) An application shall not be deemed to be received until the regional permit administrator determines that all such information, including any additional information requested, has been supplied in a complete and satisfactory form.

(4) The department shall mail a copy of the application to the chief administrative officer, or his designee, of each municipality in which the affected tidal wetland or adjacent area, or portion thereof, is located.

(5) The department shall make the application, including all documents and maps associated with it, available for public inspection at the regional office within whose jurisdiction the affected tidal wetland or adjacent area is located and at such other locations as may be designated in the notice of hearing. The department may require the applicant to provide a reasonable number of copies of the application, including associated documents and maps, for this purpose.

(b) The regional permit administrator may, on request of the applicant or on his own motion, treat the application as a request for a determination that the proposed project is an action which does not require a permit under this Part.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 661.12