N.Y. Comp. Codes R. & Regs. tit. 9 § 571.5

Current through Register Vol. 46, No. 25, June 18, 2024

Section 571.5 - General rules for determinations made pursuant to this part

(a) Requests pursuant to this Part may be made by any person having a legal interest in the property in question, including a landowner, tenant, mortgagee, contract vendee or optionee. The agency will endeavor to respond to all requests, in writing, within 15 days of receipt.

(b) The agency will be bound by any determination made pursuant to this Part when signed by its executive director, deputy director-regulatory programs, project administrator or counsel, and when there has been material detrimental reliance thereon. No binding oral determinations can be made. The agency will not be bound in the case of misrepresentation or error in the facts or intentions stated in any inquiry made pursuant to this Part.

(c) A letter from the agency with respect to its permit or variance jurisdiction shall not excuse the responsible person from obtaining any other approvals or permits required by other governmental agencies, such as the Department of Environmental Conservation, Department of Health, or local governments.

(d) A determination made pursuant to subdivision (b) of this section may be appealed to the agency by the person who requested it under the procedures set forth in section 588.2 of these regulations.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 571.5