N.Y. Comp. Codes R. & Regs. tit. 6 § 666.2

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

Section 666.2 - Purpose and application of this part

(a) The purpose of this Part is to implement the act by establishing statewide regulations for the management, protection, enhancement and control of land use and development in river areas on all designated wild, scenic and recreational rivers in New York State, except for private land in river areas within the Adirondack Park. Land use and development of private land in river areas within the Adirondack Park are subject to the provisions of 9 NYCRR Part 577.

(b) It is the further purpose of this Part to provide for the protection and enhancement of the interests of landowners in the enjoyment and use of their properties in designated river areas and to help to insure that recreation and other uses are consistent with the intent of the act.

(c) The regulations set forth in this Part may be complemented by the promulgation of regulations for individual river areas. Such regulations shall be consistent with the act and no less restrictive than this Part and shall address the specific management issues that are relevant to individual river areas.

(d) It is a purpose of this Part to encourage the participation of local governments in the management planning process necessary to achieve the goals of the act. It is a further purpose of this Part to authorize and encourage administration by local governments of those provisions of this Part that are within their respective jurisdictions, in place of the department's administration of such provisions, when such local governments are legally, technically and financially capable of administering such provisions in a manner consistent with the provisions of the act and this Part.

(e) In its administration and enforcement of this Part, the department shall give primary emphasis to the protection and enhancement of the natural, scenic, ecological, recreational, aesthetic, botanical, geological, hydrological, fish and wildlife, historical, cultural, archaeological and scientific features of designated rivers and river areas.

(f) 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 area boundary studies.

(g) All new land use or development in a river area must be undertaken in compliance with the standards listed in this Part. No person will:

(1) undertake a new land use or development in a river area without a permit unless such use or development is listed as "no permit necessary";

(2) undertake a new land use or development allowed pursuant to a permit except in accordance with such a permit issued prior to undertaking the land use or development.

(h) Any new land use or development not listed in this Part as "no permit necessary", "permit required" or "notification required", is presumed incompatible with the purposes of the act.

(i) Land uses lawfully existing shall mean:

(1) in the case of the subdividing of land, the approval of such plat pursuant to section 1116 of the Public Health Law or the conditional or preliminary approval of such plat pursuant to section 276 of the Town Law, section 7-728 of the Village Law or section 32 of the General City Law; provided, however, that final plat approval is granted within six months of preliminary plat approval;

(2) in the case of the review of a site plan not involving the subdividing of land, the approval by the appropriate body or office of a city, town or village of the site plan;

(3) in those cases not covered by paragraph (1) or (2) of this subdivision, the issuance of a building permit or other authorization for the commencement of the activities or development for which such permit or authorization was issued; or

(4) in the case of local government jurisdictions which do not require such permits or authorizations or for land uses which do not require any government approval, the actual and substantial lawful commencement of the land use or development.

(j) Any lawfully existing land use which is discontinued for one year following the effective date of this Part [30 days after May 24, 1994] in a given river area, will thereafter be a new land use or development and be subject to the permit requirements and standards of this Part. This restriction will not apply to agricultural land included in a certified farm plan which has been farmed in two of the preceding five years or which is enrolled in a Federal set-aside program.

(k) Neither the act nor this Part will be construed to create or to confer upon any person any right of access, or of ingress and egress, over, upon or to any private lands to reach water or bodies of water that are within a designated river area.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 666.2