N.Y. Comp. Codes R. & Regs. tit. 9 § 572.15

Current through Register Vol. 46, No. 50, December 11, 2024

Section 572.15 - Emergency Projects

(a) General. This section provides the procedural requirements for the issuance of an emergency certification or an emergency recovery authorization for a project undertaken to address an emergency. No other requirements of this Subtitle shall apply to an emergency project. It is within the agency's discretion to determine whether a specific event or conditions constitutes an emergency and whether proposed land use or development is an emergency project.

(b) Definitions used in this section.

(1) Emergency means:

(i) a specific event or condition that presents an immediate threat to life or property; or

(ii) a specific storm event or calamity that has been declared to be an emergency by federal or state officials.

(2) Emergency project means land use or development that is immediately necessary for the protection of life or property and that would otherwise require a permit, order, or variance.

(3) Emergency certification means a written determination by the agency that an emergency exists or has existed and that an emergency project may be undertaken or has been undertaken to prepare for or mitigate the emergency.

(4) Emergency recovery authorization means a written determination by the agency authorizing an emergency project that is necessary for repair, remediation or recovery from an emergency as defined in subdivision (b)(1) of this section and that is not covered by an emergency certification.

(c) Emergency Certification Procedures.

(1) To obtain an emergency certification, a project sponsor shall:

(i) notify the agency with sufficient information to allow for an agency determination whether an emergency as defined in paragraphs (b)(1)(i) and (ii) of this section exists or existed and whether the project is an emergency project as defined in subdivision (b)(2) of this section; and

(ii) obtain an emergency certification prior to undertaking an emergency project or as soon thereafter as practicable.

(2) The agency shall issue an emergency certification upon a determination that:

(i) an emergency exists or existed; and

(ii) the emergency project is limited in scope to the land use and development necessary to prepare for or mitigate the emergency. The agency shall have two business days from receipt of sufficient information to issue an emergency certification.

(3) The emergency certification shall include a description of the land use and development comprising the emergency project, and may include conditions to limit the timing and duration of the emergency project and its impact on any of the natural, scenic, aesthetic, ecological, wildlife, historic, recreational, or open space resources of the Park.

(4) An emergency certification may only be issued by the executive director, deputy director - regulatory programs, and such other agency staff as the executive director shall designate in writing.

(d) Emergency Recovery Authorization Procedures.

(1) A project sponsor proposing an emergency project under this subdivision shall notify the agency prior to undertaking the emergency project and provide the agency with the following information:

(i) a brief statement identifying the emergency, as defined in paragraph(b)(1) of this section that created the need for the emergency project;

(ii) a description of the proposed land use and development and why it is necessary for repair, remediation or recovery from an emergency;

(iii) documentation of existing conditions;

(iv) a location map;

(v) actions proposed to be taken to minimize environmental impacts; and

(vi) any additional information requested by the agency necessary for the issuance of an emergency recovery authorization.

(2) The agency shall issue an emergency recovery authorization for an emergency project upon a determination that:

(i) the emergency project is directly related to an emergency as defined in paragraph (b)(1) of this section;

(ii) the emergency project is limited in scope to the land use and development necessary to repair, remediate or recover from the emergency; and

(iii) the emergency project will cause the least change, modification, disturbance, or damage to the environment as practicable. The agency shall have 5 business days to respond to a request for an emergency recovery authorization upon receipt of sufficient information.

(3) The emergency recovery authorization shall include a description of the land use and development comprising the emergency project and may include conditions to limit the timing and duration of the emergency project and its impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational, or open space resources of the Park.

(4) An emergency recovery authorization may only be issued by the executive director, deputy director - regulatory programs and such other agency staff as the executive director shall designate in writing.

(e) Limitations.

(1) The agency may modify or rescind an emergency certification or emergency recovery authorization if new information demonstrates that an emergency does not, or no longer, exists or that the emergency project is not, or no longer, necessary or appropriate.

(2) Any person who undertakes land use or development that otherwise would require a permit or variance from the Agency that is not described in an emergency certification or emergency recovery authorization issued to such person pursuant to this section may be subject to enforcement action.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 572.15

Adopted New York State Register June 17, 2015/Volume XXXVII, Issue 24, eff.6/17/2015