New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter X - DIVISION OF WATER RESOURCES
Subchapter A - GENERAL
Article 1 - MISCELLANEOUS RULES
Part 660 - Tidal Wetlands-moratorium Permits
Section 660.2 - Moratorium permit required
Current through Register Vol. 46, No. 39, September 25, 2024
No person shall alter the state of any tidal wetland or adjacent area prior to the effective date of the land-use regulations adopted by the commissioner pursuant to the act unless such person has submitted a petition and has obtained a moratorium permit for such alteration from the department; provided, however, in connection with applications under articles seven and eight of the Public Service Law, the Public Service Commission and the New York State Board on Electric Generating Siting and the Environment, respectively, will apply the provisions of this Part in determining whether to issue a certificate of public need and environmental compatibility; and provided, further, that this Part shall not apply to any alteration of the state of any tidal wetland or adjacent area:
(a) with respect to which alteration a permit, pursuant to Part 608 of this Title shall have been issued prior to September 1, 1973, or
(b) which tidal wetland or adjacent area is now or hereafter appropriated by the State or any department or agency thereof under the power of eminent domain for a valid public purpose, or
(c) if the activity is exempt from regulation under this Part pursuant to section 25-0401(4) of the act (relating to certain public health activities).
