N.Y. Comp. Codes R. & Regs. tit. 9 § 572.23

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

Section 572.23 - General permits

(a) The agency may approve a general permit for any class of projects in relation to which the agency makes the requisite statutory findings and determinations on a general basis in compliance with the following provisions.

(b) The agency may propose issuance of any general permit, by the adoption of a resolution in writing specifying with respect to each such permit:

(1) the geographic area eligible for the permit;

(2) the time period for which the permit will be effective;

(3) the basis of jurisdiction under section 809 of the Adirondack Park Agency Act and/or article 15 or 24 of the Environmental Conservation Law;

(4) the activity or activities authorized by the permit or permits, including their probable extent and frequency;

(5) findings of fact, conclusions of law and mitigating conditions to address potential adverse environmental impacts and the statutory criteria for permit issuance; and

(6) if appropriate, the procedure for issuance of a certificate pursuant to the general permit to any person proposing to undertake the specified jurisdictional activity.

(c) The agency shall provide notice of the proposal in accordance with 6 NYCRR Part 617 describing the six elements prescribed above with respect to each such permit:

(1) in the Environmental Notice Bulletin;

(2) in not less than three newspapers of general circulation within the park and one such paper outside the park; and

(3) to the Adirondack Park local government review board.

(d) The issuance of a general permit by the agency shall constitute a type I action for purposes of 6NYCRR Part 617 .

(e) A draft final order setting out the elements established in subdivision (b) of this section with respect to each such proposed permit, shall be provided for public review and comment not less than 30 days prior to agency board action. The board shall approve or disapprove the order after expiration of such period.

(f) As soon as practicable after the approval of a general permit pursuant to this section, notice of such approval shall be published in the same manner specified in subdivision (c) of this section, and the permit shall be recorded by the agency in the counties within which it is effective in the usual manner.

(g) In the event that use of a certificate is deemed appropriate, and upon application by any qualified person, the deputy director -regulatory programs (or designee) shall issue to that person for the location specified, a certificate setting forth the terms and conditions of the general permit approved pursuant to this section. Failure to comply with the terms and conditions of the general permit or certificate automatically voids the authority granted thereunder.

(h) The general permit shall expire according to its terms and may be revoked at any time after 10 days' notice otherwise given in the same manner specified in subdivision (c) of this section. Expiration or revocation of the general permit automatically voids any certificate issued under the permit unless an earlier expiration is provided in the certificate.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 572.23