N.Y. Comp. Codes R. & Regs. tit. 6 § 665.6

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

Section 665.6 - Regulatory procedures

(a) Upon assumption of local regulatory authority and the filing of applicable official maps by the department, a local government must regulate all regulated activities not otherwise specifically exempted under section 24-0701 of the act that are to be conducted on Class II-IV wetlands or adjacent areas within its jurisdiction and on Class I wetlands where authority has been delegated by the department.

(b) A local government, in establishing procedures for the receipt and processing of permit applications, must comply with the requirements set out in section 24-0703 of the act:

(1) Any person proposing to conduct or cause to be conducted a regulated activity upon any freshwater wetland must file an application for a permit, or request in writing a letter of permission, when appropriate, with the clerk of the local government having regulatory authority. The local government will review the application or request in accordance with the act, this Part, and all other applicable laws and rules. Such application or request must include a detailed description of the proposed activity and a map showing the area of freshwater wetland directly affected, with the location of the proposed activity thereon. The clerk will cause notice of such application to be mailed to all local governments where the proposed activity or any part of it is located.

(2) No sooner than 30 days and not later than 60 days after the receipt by a local government of an application, and after notice of application has been published by the applicant in two newspapers having a general circulation in the area, the local government will hold a public hearing on such application at a suitable location in the local government where the affected wetland is situated unless no notice of objection has been filed and the local government finds the activity to be of such a minor nature as not to affect or endanger the balance of systems within the wetlands, and has been determined to be compatible pursuant to section 665.7 of this Part, in which case the local government may, in the exercise of discretion, dispense with such hearing. Where the local government finds that a hearing is not necessary, a decision setting forth reasons therefor shall be prepared, shall be a matter of public record and shall be mailed to all local governments where the proposed work or any part of it is located, and to all persons who filed a statement with the local government following the publication of such notice of application. All owners of record of the adjacent land and the local governments where the proposed activity is located shall be notified by certified mail of the hearing not less than 15 days prior to the date set for such hearing. The local government shall cause notice of such hearing to be published in two newspapers having a general circulation in the area where the affected freshwater wetlands are located. All applications and maps and documents relating thereto shall be open to public inspection at the office of the clerk of the local government in which the wetland is situated. At such hearing any person or persons filing a request for a hearing or a timely notice of appearance may appear and be heard.

(3) The applicant shall have the burden of demonstrating that the proposed activity will be in accord with the policies and provisions of the act and this Part. To the greatest extent practicable, such hearing shall be incorporated with any public hearing required by the Town, Village, General City, General Municipal or Environmental Conservation Law in connection with approvals or permits otherwise required before commencement of regulated activities on lands containing such wetlands.

(c) Where a local government is the regulatory authority for a wetland and its adjacent area associated with a major international or interstate river or lake, it must consult with the department before taking any regulatory action pursuant to the act concerning that wetland or its adjacent area. Those rivers and lakes are the Hudson, Delaware, Susquehanna, Niagara and St. Lawrence Rivers and Lakes Erie, Ontario and Champlain, and are considered to extend in tributaries to the first barrier impassable to fish or the first bridge, whichever is further downstream. A wetland is associated with such a river or lake when it is contiguous to the body of water or, if separated, the separation is only a narrow strip of land, such as a barrier beach or railroad bed.

(d) Where a local government or other political subdivision of the State is the applicant for a permit pursuant to the act, the department shall serve as the regulatory authority. A local government may not process its own application or that of another local government or political subdivision of the State.

(e) Where a regulated wetland lies within two or more jurisdictions, whether that be two or more local governments or the department and local government(s):

(1) the agency receiving the permit application must immediately provide copies to the other entities sharing jurisdiction;

(2) the agency within whose jurisdiction the proposed activity will occur will process the application in consultation with the other entities in order to achieve a mutually satisfactory determination; and

(3) disagreements over the proposed determination may be arbitrated by the department pursuant to the policies and standards of the act and this Part.

(f) A person who has obtained an interim permit from the department pursuant to Part 662 of this Title prior to the date a local government assumes regulatory authority is not required to obtain an additional permit. The commissioner must forward to the local government a copy of the interim permit. If an application for an interim permit has been submitted to the department and a decision has not been made at the time a local government assumes regulatory authority, the department retains regulatory authority over that application. The commissioner must consult with the local government prior to making a decision on the application.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 665.6