N.Y. Comp. Codes R. & Regs. tit. 9 § 577.8

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

Section 577.8 - Standards for the review of rivers projects

(a)General rule.

Rivers projects shall be reviewed according to the standards set forth in this Part. Rivers projects which are class A or class B regional projects or wetland projects shall also be subject to the standards in Parts 574 and 578 of this Title.

(b)Standards applicable to all rivers projects.

The agency shall not issue a permit for any rivers project unless it shall determine that:

(1) the project would be consistent with the purposes and policies of the Wild, Scenic and Recreational Rivers System Act;

(2) the project would comply with the applicable restrictions and standards of section 577.6 of this Part;

(3) the project would not cause an undue adverse impact upon the natural, scenic, aesthetic, ecological, botanical, fish and wildlife, historic, cultural, archeological, scientific, recreational or open space resources of the river area, taking into account the commercial, industrial, residential, recreational or other benefits that might be derived from the project. In making this determination, the agency shall consider those factors contained in the development considerations of the land use and development plan which are pertinent to the project.

(c)Specific standards applicable to certain rivers projects.

The agency shall not issue a rivers system permit for the following rivers projects unless it shall determine that the following specific criteria are met:

(1) The harvesting, cutting, culling, removal or other disturbance of timber or other vegetation inside the mean high water mark of the river or within 100 feet of the mean high water mark is:

(i) for compelling purposes as would be consistent with recognized sound forestry or agricultural practices; or

(ii) in recreational river areas, selected and dispersed cutting of vegetation to the extent necessary to create a view of the river from any new structure or from any lawfully existing structure lacking such a view.

(2) New public or private roads, wood roads and trails for motorized open space recreation uses will be so located and constructed as to minimize visibility from the river, minimize alteration of the natural environment, will be reasonable and necessary, and will be effectively restricted to those uses specified by the applicant. Within scenic river areas, public roads, or private roads open to the general public, shall be permitted if such road:

(i) affords access to a part of the river area which is at least two miles from an existing road open to the general public, and located on the same side of the river in the river area; and

(ii) will be substantially invisible from the river.

If there is no other vehicular access to a land use or development within a scenic river area, a new private road shall be permitted.

(3) New docks or boathouses will not impede the natural flow of the river, and will be so located and constructed as to minimize intrusion into the water body.

(4) New subdivisions in which the intended use of any resulting lot, parcel or site is a single family dwelling or individual mobile home, or which otherwise involves the construction of principal buildings, will:

(i) meet the following applicable minimum lot widths, unless clustering is employed pursuant to paragraph (5) of this subdivision:

MINIMUM SHORELINE LOT WIDTHS (linear feet per principal building)

Land use area	Scenic river areas	Recreational river areas
Moderate intensity use	100*	100*
Low intensity use	150	150
Rural use	200	200
Resource management	750	300
Industrial use	No minimum*	No minimum*
* The same as those mandated by the land use and development plan.

(ii) be consistent with the overall intensity guidelines of the land use and development plan, applied pursuant to section 809(10)(c) of the Adirondack Park Agency Act and section 574.7 of these regulations, except that in scenic river areas lands otherwise includible in the calculation which are more than one-half mile distant from the river shall not be included in such calculation. This subparagraph shall not apply to subdivisions in scenic and recreational river areas effected by bona fide gift, devise or inheritance where the donor owned the land involved as of April 19, 1976 and the donee is a member of his immediate family. The minimum lot size of such subdivisions shall be: in low intensity use areas, 50,000 square feet; in rural use areas, 80,000 square feet; and in resource management areas, 160,000 square feet.

(5) New subdivisions involving shoreline clustering will have an average shoreline width of lots, parcels or sites equal to or exceeding the applicable minimum shoreline lot width requirement of paragraph (4) of this subdivision.

(6) New subdivisions in wild river areas are intended only for purposes of forest management or nonmotorized open space recreation use.

(7) Modifications or disturbances of the course, bed or banks of recreational rivers or excavation or placement of fill in recreational rivers will meet the applicable criteria of the Wild, Scenic and Recreational Rivers System Act and of article 15, title 5, of the Environmental Conservation Law.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 577.8