New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter V - RESOURCE MANAGEMENT SERVICES
Subchapter E - WATER REGULATION
Part 608 - USE AND PROTECTION OF WATERS
Section 608.2 - Disturbance of protected streams
Universal Citation: 6 NY Comp Codes Rules and Regs ยง 608.2
Current through Register Vol. 46, No. 52, December 24, 2024
(a) Permit required. Except as provided in subdivision (b) of this section, no person or local public corporation may change, modify or disturb any protected stream, its bed or banks, nor remove from its bed or banks sand, gravel or other material, without a permit issued pursuant to this Part.
(b) Exceptions. The requirement of a permit pursuant to subdivision (a) of this section does not apply to the following:
(1)
a local public corporation that has entered into a written memorandum of
understanding with the department establishing the plan of operation that will
be followed in conducting any activity described in subdivision (a) of this
section that will afford proper protection to the public beneficial uses of
protected streams and navigable waters of the State; or
(2) any person actively cultivating land
devoted to agriculture, whether or not such land is along a protected stream,
provided that this exception shall be limited to agricultural activities
consisting only of the crossing and recrossing of a protected stream by
livestock or wheeled farming equipment normally used for traditional
agricultural purposes or of withdrawing irrigation water in a manner which does
not otherwise alter the stream.
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