N.Y. Comp. Codes R. & Regs. tit. 9 § 578.7

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

Section 578.7 - Advisory opinions as to wetland value ratings

(a) The agency staff will, at the request of any person having a legal interest in property and contemplating a regulated activity thereon, provide an advisory opinion as to the value rating of any particular wetland. The opinion may be based on:

(1) the specific characteristics of the wetlands involved, such as:

(i) proximity to streams, lakes, rivers, and aquifer recharge areas;

(ii) covertype or types;

(iii) historical, archaeological or geographical significance;

(iv) location and size in relation to the drainage basin involved;

(v) underlying soil types; and

(vi) historical or traditional use;

(2) whether the wetland possesses any additional values not mentioned in the Freshwater Wetlands Act or this Part;

(3) whether preexisting degradation is present and, if so, if such degradation is irreversible or has diminished the original values of the wetland; and

(4) whether, due to any of these considerations, a value rating other than that derived from these general guidelines is recommended and the basis therefor.

(b) The advisory opinion shall not bind the agency in its review of wetlands projects pursuant to this Part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 578.7