N.Y. Comp. Codes R. & Regs. tit. 6 § 662.2

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

Section 662.2 - Purpose and applicability

(a) This Part implements the act by governing the department's issuance of interim permits in an area prior to the department's filing of a final freshwater wetlands map for that area pursuant to section 24-0301 of the act. Once a final map has been filed, the act will be implemented in the area either by the appropriate local governments or by the department, according to the jurisdictional provisions of the act and applicable regulations.

(b) No person may alter any freshwater wetland or adjacent area without having first submitted an application and obtained an interim permit for the alteration from the department. However, this Part does not apply to any alteration of a freshwater wetland or adjacent area caused by:

(1) deposition or removal of the natural products of freshwater wetlands and adjacent areas by recreational or commercial fishing, shellfishing, aquiculture, hunting or trapping, where otherwise legally permitted and regulated;

(2) the activities of farmers and other landowners in grazing and watering livestock, making reasonable use of water resources, harvesting natural products of the wetlands, selectively cutting timber, draining land or wetlands for growing agricultural products, and otherwise engaging in the use of wetlands or other land for growing agricultural products. However, the erection of structures not required for enhancement or maintenance of the agricultural productivity of the land, and any filling activities, are not included in this exemption;

(3) public health activities, orders, and regulations of the Department of Health. Copies of all such public health orders and regulations affecting wetlands must be filed with the Department of Environmental Conservation. The commissioner may request modification of such orders or regulations, if necessary, in order to implement the policy of the act;

(4) projects for which applications have been filed, pursuant to article VII or VIII of the Public Service Law. However, the Public Service Commission and the New York State Board on Electric Generation Siting and the Environment must apply the provisions of this Part in determining whether to issue a certificate of environmental compatibility and public need under either of those articles;

(5) ordinary maintenance and repair of existing functional structures, facilities, or improved areas that do not involve expansion or substantial restoration, reconstruction, rehabilitation, or modification, including, but not limited to, bridges, roads, highways, railroad beds, bulkheads, docks, piers, pilings, or paved areas; or

(c) The department may treat an application as a request for a determination that the act does not apply to the activity proposed in the application and that an interim permit is not required. If the department determines that the proposed activity will not constitute an alteration, will be on lands not subject to regulation under this Part, or will occur entirely outside the boundaries of a wetland and not substantially effect that wetland, the department will notify the applicant in writing of the conditions under which an interim permits will not be required.

(d) This Part does not apply to any land use, improvement, or development for which final approval was obtained prior to September 1, 1975, from the local governmental authority or authorities having jurisdiction over the land use, as provided in section 24-1305 of the act. Any person who wishes to rely on an approval given by the local government prior to September 1, 1975, must make a written request to the department for a determination as to whether the local approval meets the requirements of section 24-1305 of the act. The request must contain details of the approval relied upon, and supporting documentation must be enclosed. The burden of showing exemption from the permit requirements of the act rests on the person seeking to benefit from the exemption.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 662.2