N.Y. Comp. Codes R. & Regs. tit. 6 § 666.8

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

Section 666.8 - Permits

(a) The procedures and schedules for applications for rivers system permits are governed by article 70 (Uniform Procedures Act) of the Environmental Conservation Law (ECL) and its implementing regulations contained in Parts 621 and 624 of this Title. An application for a permit will be filed by the applicant with the regional permit administrator on a form prescribed by the department. Such application must set forth the purpose, character and extent of the proposed regulated activity and shall set forth in detail the reasons the applicant seeks a permit. The application will include:

(1) a detailed description of the regulated activity;

(2) a map showing the area affected, with the location of the proposed regulated activity and the river;

(3) a statement addressing feasible alternatives which do not affect river area resource values or on a site that is not regulated by this Part;

(4) 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;

(5) a description of the planned use of the subject property once the proposed regulated activity is completed;

(6) a plan at a scale acceptable to the department which identifies the lot boundary and the river;

(7) clearly labeled photographs of the site;

(8) a variance request when applicable as specified in section 666.9 of this Part; and

(9) such additional information as the regional permit administrator deems necessary to enable the department to make the findings and determinations required under this Part. For example, the applicant may be required to submit a list of the names of the owners of record of lands adjacent to the subject property upon which the regulated activity is to be undertaken.

(b) The department may require the applicant to provide a reasonable number of copies of the application, including associated documents and maps, for the purpose of public review.

(c) The department may 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.

(d) The date of expiration of any permit issued pursuant to this Part will be not more than five years from the date such permit was issued.

(e) Review procedures are governed by article 8 (State Environmental Quality Review Act) of the ECL and its implementing regulations contained in Part 617 of this Title. Reviews and determination of any permit application from a State agency must be conducted by the department, and must not be delegated to any local government.

(f) Before a river system permit is issued, it must first be determined that:

(1) the proposed land use or development is consistent with the purposes and policies of the act and with the provisions of this Part;

(2) the resources specified in section 666.2(e) of this Part will be protected and the proposed activity will not have an undue adverse environmental impact;

(3) no reasonable alternative exists for modifying or locating the proposed activity outside of the designated river area; and

(4) actions proposed to be undertaken by State agencies are designed to preserve, protect or enhance the resources and values of designated rivers.

(g) Any permit issued pursuant to this Part may be issued with conditions as are necessary to assure the preservation and protection of affected river area resources and to assure compliance with the policy and provisions of the act and the standards and provisions of this Part.

(h) Any permit issued pursuant to this Part may authorize the undertaking of the authorized regulated activity on a periodic basis, as specified in the permit, over a period of time not exceeding five years from the date of issuance of the permit. Such permit shall contain a condition requiring the permittee to notify the department at least 14 days in advance of each occasion upon which the permitted activity will be conducted.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 666.8