N.Y. Comp. Codes R. & Regs. tit. 6 § 666.13

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

Section 666.13 - Table of use guidelines

The table and listing of uses, restrictions and standards in this section is incomplete. It includes many of the most often used provisions of this Part. Notes in the tables provide additional standards, restrictions and references.

WILD, SCENIC AND RECREATIONAL RIVERS SYSTEM 6 NYCRR PART 666 USE GUIDELINES

Classes of Rivers: Procedural Requirements: Wild Rivers NPN - No permit necessary. Scenic Rivers NR - Notification required. Recreational Rivers P - Permit required. Communities PI - Presumed incompatible. X - Prohibited use.

LAND USES AND DEVELOPMENTS	WILD	SCENIC	RECR	COMM
A.	EXISTING LAND USES
1.	Continuation, without change, of land uses lawfully existing on the date upon which this Part first takes effect in the river area.	NPN	NPN	NPN	NPN
2.	Maintenance, rehabilitation, restoration, replacement or reconstruction without change of lawfully existing structures or their improvements.	NPN	NPN	NPN	NPN
3.	Resumption of a land use after it is discontinued for one year. [See Note (i)]	P	P	P	P
4.	Development of any lawfully existing lot for land uses or developments allowed in the river area notwithstanding that the lot may not satisfy the specified minimum lot area or shoreline frontage widths. [See Note (ii)]	P	P	P	P
NOTE:	(i) This requirement is not applicable to agricultural land which has been farmed in two of the preceding five years or which is enrolled in a federal set-aside program as part of a certified farm plan.
(ii) All contiguous parcels held in actual or effective ownership on or after the date upon which this Part first takes effect in a given river area shall be deemed a single lot.
B.	DAMS, IMPOUNDMENTS AND WATER WITHDRAWALS
1.	Modification of the waterway by impoundment, diversion, rip-rap, bulkheads, structures or improvements impeding or altering the natural flow of water or free-flowing condition of the river. [See Part 666.11(a) & Note]	X	X	X	X
2.	Water withdrawals from the river subject to the provisions of Part 666.11(b).	X	P	P	P
3.	Surface water diversions subject to the provisions of Part 666.11(b).	X	P	P	P
4.	Groundwater withdrawals subject to the provisions of Part 666.11(b)(2).	X	P	P	P
5.	Water releases from impoundments in the watershed of the designated segment subject to the provisions of Part 666.11(b).	X	P	P	P
6.	Water-related or water-dependent land uses or developments in the watershed of a designated river segment and which affect all or part of the flow in the designated river subject to the provisions of Part 666.11(b).	X	P	P	P
NOTE:	New construction or operation of hydroelectric generation facilities will be permitted at existing dams on scenic and recreational rivers subject to the provisions in Part 666.11(a)(3).
C.	RESIDENTIAL STRUCTURES
1.	Private dwellings, mobile homes, and multiple family dwellings located within the 100-year floodplain or within 150 feet of the river and/or tributary bank.	X	X	X	X
2.	Private dwellings and mobile homes dwellings:
a) located between 150 and 250 feet of the river or tributary bank. [See Notes (i)-(vi)]	X	X	P	NPN
b) located more than 250 feet from the river or tributary bank. [See Notes (i)-(vi)]	X	P	P	NPN
3.	Multiple family dwellings located more than 150 feet from the river bank. [See Notes (i), (iv)-(vi)]	X	X	P	P
4.	Conversions of existing principal buildings associated with resort hotels, rental cottages and group camps to residential use.	X	X	P	P
5.	Expansions of lawfully existing residential structures which do not exceed any standard in this Part up to a cumulative total of 500 square feet from the date this Part first takes effect.	X	NPN	NPN	NPN
NOTE:
(i) All new residential structures constructed within 500 feet of the bank must be screened by vegetation or topographic features as viewed from the river; must not exceed 34 feet in height; and must not be constructed on a slope greater than 15 percent.
(ii) Each private dwelling or mobile home in a scenic river area must be on a lot of at least 4 acres and have, when applicable, a shoreline frontage of at least 300 feet.
(iii) Each private dwelling or mobile home in a recreational river area must be on a lot of at least 2 acres and have, when applicable, a shoreline frontage of at least 200 feet.
(iv) Multiple family dwellings must be on a lot of at least one acre per living unit and have, when applicable, a shoreline frontage of at least 200 feet.
(v) Clustering will be encouraged and may be allowed by rivers system permit in order to maintain undeveloped and undisturbed open areas.
(vi) When clustering is permitted, the minimum cumulative, developable acreage, density and, when applicable, shoreline acreage, density and, when applicable, shoreline lot width must be satisfied for the parcel as a whole. For scenic and recreational river areas, not less than 40 percent or 30 percent of the clustered subdivision respectively will be retained in an undisturbed condition during and after development.
D.	NON-RESIDENTIAL STRUCTURES
1.	Agricultural use structures located 100 feet or more from the river bank. [See Notes (i) & (ii)]	X	NPN	NPN	NPN
2.	Forest management and accessory structures (other than docks and boathouses) located on slopes of 15% or less, beyond the 100-year floodplain and:
a) 150 feet or more from the river bank, whichever is greater. [See Notes (i)-(iii)]	X	X	NPN	NPN
b) 250 feet or more from the river bank, whichever is greater. [See Notes (i)-(iii)]	X	NPN	NPN	NPN
3.	Lean-tos
a) with less than 200 sq.ft. of floor space. [See Notes (i)-iii)]	X	NPN	NPN	NPN
b) with 200 sq.ft. or more of floor space. [See Note (ii)]	X	P	P	P
4.	Docks. [See Note (iv)]	X	P	P	P
5.	Boathouses for boat storage or shelterage only. [See Note (ii)]	X	P	P	P
6.	Stream improvement structures for fishery management purposes.	X	P	P	P
7.	Fences.	X	P	P	P
NOTE:
(i) Structures listed above as NPN are P when located less than 500 feet from the river bank or 250 feet from the bank of a tributary but beyond the setbacks specified above.
(ii) No new non-residential structure shall exceed 34 feet in height except agricultural silos.
(iii) New forest management and accessory structures constructed within 500 feet of the bank of the river shall be screened by vegetation or topographic features as viewed from the river.
(iv) Any new dock will be designated and developed so as to minimize its intrusion, if any, into the river and will not impede its natural flow or, if applicable, its navigability.
E.	ROADS, TRAILS, BRIDGES AND MOTORIZED ACCESS
1.	Private or public roads and private driveways greater than 100 ft. long. [See Notes 1, 2, and 3(i)]	X	P	P	P
2.	Forest management roads and tributary bridges:
a) located less than 150 feet from the bank of the designated river.	X	X	X	X
b) located 150 feet or more from the bank of the designated river.	NPN	NPN	NPN	NPN
3.	Trails. [See Notes 3(ii) and (iii)]	P	P	P	P
4.	The use and operation of motor vehicles or motorized equipment
a) for forest management purposes only.	NPN	NPN	NPN	NPN
b) required for any other allowable use.	X	NPN	NPN	NPN
5.	Bridges:
a) other than over a designated river, for non-motorized open space recreational uses. [See Notes 1(i) and 2(i)]	X	NPN	NPN	NPN
b) over a designated river for public roads or for non-motorized open space recreational uses. [See Notes 1(i), 2(i) and 3(iii)]	X	P	P	P
NOTE:
1.	For Areas With A Scenic River Designation:
(i) New or extended public roads, private roads open to the public, and any bridges necessary thereto may be constructed only to provide access for the public to the shoreline of a portion of a scenic river area that is at least 2 land-miles, as measured along the river, from the nearest existing public access on the same side of the river. Except for that portion of a public road which provides access to a river, all such new or extended roads shall be constructed no closer than 500 feet from the river bank.
(ii) If no vehicle access exists to a new or existing water-dependent residential or agricultural land-use or development, within a scenic river area, a new private road may be allowed provided that it is not open to the general public, is located at all points at least as far from the river as the land-use or development, and is not located inside or within 100 feet of the river bank.
2.	For Areas with a Recreational or Community Designation:
(i) All roads, bridges, and motorized access customarily associated with allowable uses in recreational river areas shall be allowed inside or within 500 feet of the river bank only as such uses are necessary for access to or for crossing the designated river.
(ii) If there is no vehicle access to a new or existing land use or development within a recreational river area, a new private road may be developed only if it is not open to the general public, is located at all points at least as far from the river as the land use or development to which it will provide access, and is not located inside or within 100 feet of the river bank.
(iii) If there is no vehicle access to a new or existing commercial, industrial or institutional land use or development dependent upon river access within a community, a new private road providing access to the river may be developed only if it is located at all points at least as far from the river as the land use or development to which it will provide access and is not located inside or within 100 feet of the riverbank, except for single points of access.
3.	For All Designated Areas:
(i) Any new public or private road for non-motorized open space recreation uses shall be reasonable and necessary; be located, designed, and constructed to minimize its visibility from the river, to minimize alteration of the natural environment, and to avoid undue adverse environmental impacts; have its uses effectively restricted to those specified by the person undertaking such activity; and have any associated bridges designed so as to not interfere with the recreational use of the river.
(ii) Any new trail for non-motorized open space recreation uses shall be located, designed, and constructed to minimize its visibility from the river, to minimize alteration of the natural environment, and to avoid undue adverse environmental impacts; have its uses effectively restricted to those specified by the person undertaking such activity; and have any associated bridges designed so as to not interfere with the recreational use of the river.
(iii) Any bridge associated with a new trail shall be constructed, to the greatest extent, of naturally occurring materials.
F.	WATER QUALITY, WASTEWATER TREATMENT, AND WASTE DISPOSAL
1.	Private water supply wells.	X	P	P	P
2.	Private sewage disposal systems.	X	P	P	P
3.	Waste treatment, storage or disposal except in temporary containers specifically intended for storage of such refuse.	X	X	X	X
NOTE:
For additional concerns, standards and requirements, see Section 666.12 on preservation of water quality.
G.	SIGNS AND COMMERCIAL SIGN DIRECTORIES
1.	Public safety or regulatory signs by any authorized state or local government agency or public utility, where otherwise allowed by law.	X	NPN	NPN	NPN
2.	Posting signs pursuant to Sections 11-2109 and 11-2111 of the Environmental Conservation Law that:
a) do not exceed 3 sq.ft. in size or 10 feet in height;	X	NPN	NPN	NPN
b) exceed 3 sq. ft. in size or 10 feet in height.	X	P	P	P
3.	Informational and directional signs as are necessary to the continuance of any existing use that:
a) do not exceed 1 sq.ft. in size or 10 feet in height.	X	NPN	NPN	NPN
b) exceed 1 sq. ft. in size or 10 feet in height.	X	P	P	P
4.	All other signs which are located more than 500 ft. from the river bank, do not contain nor are lighted by any flashing or intermittent lights, and:
a) are no larger than 3 sq. ft. in size and are located only upon the property with which the subject of the sign is associated.	X	P	P	P
b) are no larger than 10 sq. ft. in size.	X	X	P	P
H.	PUBLIC UTILITY USES
1.	Public utility uses which are subject to review pursuant to Articles VII, VIII, and X of the Public Service Law.	X	NPN	NPN	NPN
2.	Public utility uses which do not constitute major public utility uses, do not cross the designated river and are proposed to be located more than 500 feet from the river bank.	X	NPN	NPN	NPN
3.	Public utility uses which are not subject to Articles VII, VIII, and X of the Public Service Law which
a) are major public utility uses. [see Notes (iii)-(iv)]	X	P	P	P
b) are proposed to cross the river, or located within 500 feet of the river bank. [see Notes (i)-(iv)]	X	P	P	P
NOTE:
(i) River crossings by public utility uses shall be located only where the impacts on the scenic qualities of the river area, as seen from other parts of the river area, are minimized.
(ii) River crossings by public utility uses shall be limited in number and location, to the extent feasible, to those points along a river where crossings are now made, or in conjunction with bridges, but in no case shall they be more frequent than once every 2 miles, as measured along the course of the river.
(iii) A river area public utility use shall be so located, designed and constructed as to avoid undue adverse environmental impacts and to minimize visibility from the river and from other parts of the river area.
(iv) No pole erected for any public utility use, other than those utility uses under the jurisdiction of Article VII or Article VIII of the Public Service Law, shall exceed 40 feet in height.
I.	FOREST MANAGEMENT, VEGETATIVE CUTTING AND AGRICULTURE
1.	Forest management practices, excluding forest management roads, and other vegetative cutting:
a) located less than 100 feet from the river bank. (see Notes below)	X	P	P	P
b) located 100 feet or more from the river bank.	NPN	NPN	NPN	NPN
2.	Clearcutting
a) areas less than 25 acres.	NPN	NPN	NPN	NPN
b) areas 25 acres or more, aggregating areas of 8 acres or more which are separated by less than 300 feet at any point by an intervening area with an average basal area of at least 60 sq.ft. per acre of trees one inch or more in diameter at breast height. (see Notes below)	P	P	P	P
3.	Harvesting, cutting, culling, removal, thinning or other disturbance of vegetation, not associated with development.
a) located less than 100 feet from the river bank. (see Notes below)	X	P	P	P
b) located 100 feet or more from the river bank.	X	NPN	NPN	NPN
4.	Agricultural uses
a) less than 100 feet from the river bank. [See Note (xvi)]	X	NR	NR	NR
b) 100 feet or more from the river bank.	X	NPN	NPN	NPN
NOTE:
(i) Trees must be felled, where possible, so tops land away from streams.
(ii) Logging debris must be removed from streams immediately.
(iii) Tributary crossings may be no closer than 300 feet apart and must be at right angles to the stream channel.
(iv) Tributary crossings are prohibited where stream bank slopes exceed 10 percent or the stream bottom is not composed substantially of rock.
(v) Skidding or winching of logs or trees in or along the axis of tributary channels or across wild rivers is prohibited.
(vi) Log landings must be located on well drained sites 200 feet or more from the river bank and on slopes of less than 10 percent.
(vii) Road grades may exceed 30 percent for no more than 150 feet.
(viii) Clearcuttings must leave a 50 foot uncut strip along streams, ponds and wetlands and must be conducted under a harvesting plan approved by the Department.
(ix) All roads, including skidways, must be regraded after logging is completed.
(x) Diversion devices must be installed during construction of roads on slopes exceeding 10 percent in such a way that water is diverted from the road and is not discharged directly into the designated river or its tributaries.
(xi) Any debris resulting from forest management must, if such debris consists of hardwoods, be lopped so that no such debris is piled higher than 4 feet above ground level or, if such debris consists of conifers, lopped so that all limbs are removed up to a point where the tree trunk has a diameter not exceeding 3 inches.
(xii) Forest management roads must be located so as to minimize their visibility from the river.
(xiii) Logging equipment must not be stored within the banks of the river or abandoned within the river area.
(xiv) No forest management roads will be allowed inside or within 150 feet of the river bank, except those forest management roads necessary for crossing the designated river and developed pursuant to a rivers system permit.
(xv) The harvesting, cutting, culling, removal or thinning of vegetation inside or within 100 feet of the bank of the river, that is allowed with a rivers system permit, must be undertaken in a manner that preserves the stability of the river bank and minimizes erosion and direct runoff to the river. Such cutting must be performed in recreational river areas for the purpose of creating a view provided that it occurs only in association with a residential structure and that screening of the structure is maintained as viewed from the river.
(xvi) New agricultural uses within 100 feet of the river bank must be done in accordance with the best management practices (BMP's) contained in the certified county Soil and Water Conservation District conservation plan for the farm. A letter of notification and a copy of the certified farm plan must be submitted to the regional DEC permit administrator prior to commencement of any clearing or removal activities. Failure to comply with the applicable BMP's will be considered a violation of this Part.
J.	RECREATIONAL USES AND DEVELOPMENTS
1.	Boat launching sites, water access parking areas. [See Note(i)]	X	P	P	P
2.	Transient lodging facilities including campgrounds. [See Note (ii)]	X	X	P	P
3.	Wildlife preserves and private parks. [See Note (ii)]	X	NPN	P	P
4.	Non-motorized open space recreation uses.	NPN	NPN	NPN	NPN
5.	Public parks and beaches. [See Note (ii)]	X	X	P	P
6.	Golf courses which are operated in full compliance with the provisions of an approved vegetative and integrated pest management (IPM) control plan that includes protection for water quality, wildlife habitats and wildlife travel corridors. [See Note (ii)]	X	X	P	P
7.	Accessory uses for any authorized land use or development.	X	NPN	NPN	NPN
NOTE:
(i) Any new boat launching site or water access area will be designated and developed so as to minimize its intrusion, if any, into the river and will not impede its natural flow or, if applicable, its navigability.
(ii) In scenic and recreational river areas, new structures other than fences, leantos, docks, bridges, water acess parking areas, boat launching sites, and agricultural-use structures shall not be constructed on slopes of 15 percent or greater and shall be constructed beyond either:
(a) the limit of the 100-year floodplain; or
(b)(1) in scenic river areas, two hundred and fifty feet (250) feet from the river bank or any tributary;
(2) in recreational river areas, one hundred and fifty (150) feet from the river bank or any tributary; whichever is greater.
K.	MISCELLANEOUS USES AND DEVELOPMENTS
1.	Railroad and appurtenant facilities.	X	X	P	P
2.	Retail or rental facilities directly associated with river recreation with 10% or less lot coverage on 3 or more acres.	X	X	P	P
3.	Other commercial, industrial, or institutional uses. [See Notes (i)-(xi)]	X	X	X	P
4.	Subdividing of land:
a) one and two lot subdivisions for residential development.	X	P	P	NPN
b) all other subdivision of land.	X	P	P	P
5.	Disturbances of the bed or banks of the river including fill, excavation or permanent structures.	X	P	P	P
6.	Disposal of refuse and human waste of any nature in a river area except in temporary containers specifically intended for storage of such refuse until collection from its point of generation.	X	X	X	X
NOTE:
(i) New development must be screened from the view of the river. It must not detract or interfere with the quality of the view, or exceed 34 feet in height unless it is not visible from other points in the river corridor.
(ii) New lots must be 3 acres or more of which 30% must remain in an undisturbed condition during and after construction.
(iii) Existing lots that are smaller than 3 acres may be developed for industrial, commercial and institutional uses so long as they are able to conform to the other provisions in these notes.
(iv) Lot coverage may not exceed 10% of the lot area. Wetland, 100-year floodplain, and open water land is excluded from lot coverage calculations, except open space calculations. Potential future development must be addressed by the applicant at the time of applying for approval of the initial development.
(v) Developments must be setback a minimum of 100 feet from public roads except where such setback would interfere with the setback from the river or other resources.
(vi) Development must not occur on slopes of 15% or greater.
(vii) Natural drainage systems, including perennial and intermittent streams, swales, and drainage ditches in an open, undisturbed condition, along with adjacent vegetated filter strips must be maintained.
(viii) Priority must be given to providing and maintaining wildlife travel corridors and areas to support important wildlife and botanical values identified in the river corridor designation and final river corridor studies.
(ix) New activities are limited to those which do not release harmful effluent into the groundwater or substantially and cumulatively alter associated water table or streamflow levels. No discharge will be permitted at any point from any private or public sewage disposal system, in such a way or of such a nature or temperature, as can harm river corridor values.
(x) Commercial, industrial and institutional uses may not exceed water usage equivalent to that of the residential development permitted on the lot under this Part (e.g. limited to dry stores or equivalent facilities).
(xi) New commercial, industrial and institutional uses must be set back 500 feet from the river bank, 100 year flood plain, wetlands and tributaries.
L.	OTHER LAND USES AND DEVELOPMENTS NOT SPECIFICALLY LISTED	PI	PI	PI	PI

N.Y. Comp. Codes R. & Regs. Tit. 6 § 666.13