N.Y. Comp. Codes R. & Regs. tit. 9 § 578.1

Current through Register Vol. 46, No. 24, June 12, 2024

Section 578.1 - Applicability of this Part

(a) This Part applies to the undertaking of regulated activities on private or State lands.

(b) This Part does not apply to any regulated activity in freshwater wetlands or any activity in adjacent areas listed in section 578.2(b) of this Part if undertaken pursuant to permit issued prior to May 1, 1983 either by the agency, or by the Department of Environmental Conservation acting pursuant to section 15-0505 of the Environmental Conservation Law. The permit requirements of this Part apply, however, if the activity has not been substantially commenced within two years of the date of issuance of the permit or within any other time period specified therein.

(c) This Part does not apply to the replacement in kind or to the routine repair of structures, roads, or onsite wastewater treatment systems lawfully existing in wetlands on May 1, 1983, provided there is no (1) draining, (2) filling, (3) substantial increase in erosion, siltation or sedimentation, (4) diversion of surface or subsurface drainage that adversely affects the natural hydrologic regime, or (5) other material alteration of the wetland.

(d) The Public Service Commission and the New York Board on Electric Generation Siting and the Environment shall apply the substantive provisions of this Part in determining whether to issue a certificate of environmental compatibility and public need pursuant to article seven or article eight of the Public Service Law.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 578.1