New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter XVIII - Delaware River Basin Commission
Subchapter C - Flood Plain Regulations
Part 873 - Administration
Section 873.2 - Special permits
Universal Citation: 21 NY Comp Codes Rules and Regs ยง 873.2
Current through Register Vol. 46, No. 39, September 25, 2024
A special permit may be granted, or granted on stated conditions, provided:
(a) There is a clear balance in favor of the public interest in terms of the following environmental criteria:
(1) the importance of
a facility to the community;
(2)
the availability of alternative locations not subject to flooding for the
proposed use;
(3) the compatibility
of the proposed use with existing development and development anticipated in
the foreseeable future;
(4) the
relationship of the proposed use to any applicable comprehensive plan or flood
plain management program for the area;
(5) the safety of access to the property in
times of flood for ordinary and emergency vehicles;
(6) the expected heights, velocity, duration,
rate of rise and sediment transport of the flood water expected at the
site;
(7) the degree to which the
proposed activity would alter natural water flow or water
temperature;
(8) the degree to
which archaeological or historic sites and structures, endangered or rare
species of animals or plants, high quality wildlife habitats, scarce vegetation
types, and other irreplaceable land types would be degraded or destroyed;
and
(9) the degree to which the
natural, scenic and aesthetic values at the proposed activity site could be
retained.
(b) The project shall not:
(1) endanger human
life;
(2) have high flood damage
potential;
(3) obstruct flood flows
nor increase flood heights or velocities unduly, whether acting alone or in
combination with other uses;
(4)
degrade significantly the water-carrying capacity of any delineated floodway or
channel;
(5) increase significantly
the rate of local runoff, erosion or sedimentation;
(6) degrade significantly the quality of
surface water or the quality or quantity of ground water;
(7) be susceptible to flotation;
and
(8) have service facilities
installed below the elevation of the regulatory flood without being adequately
flood-proofed.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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