New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter V - RESOURCE MANAGEMENT SERVICES
Subchapter A - Land Use
Part 501 - Use Of Flood Control Lands
Section 501.5 - Issuance of permit
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The commissioner will issue a permit if he determines that the proposed activity will neither impair the operation of any flood control works or impede the maintenance thereof, including access for operation and maintenance. The issuance of a permit under this Part is for purposes of Article 8 of the Environmental Conservation Law a type II action. However, the applicant for a permit is still responsible for compliance with Article 8 if it is otherwise applicable.
(b) The permit shall contain such conditions, including the term thereof, as the commissioner deems necessary to insure that the proposed activity will neither impair the operation of any flood control works or impede the maintenance thereof, including access for operation and maintenance. No person shall fail to comply with the provisions of this permit.
(c) No permit may be assigned or transferred without prior written approval of the commissioner.
