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 660.4 - Publication of notice of petition

Universal Citation: 6 NY Comp Codes Rules and Regs ยง 660.4

Current through Register Vol. 46, No. 39, September 25, 2024

(a) The local tidal wetland permit administrator shall provide the petitioner with a "notice of petition" form which shall:

(1) State the name of the petitioner;

(2) Outline the location and the scope of the proposed alteration of tidal wetlands or adjacent areas and indicate the basis for the petitioner's claim of hardship;

(3) Specify the date, time and place of the public hearing on the petition;

(4) State that the petition and supporting documents are available for public inspection at the appropriate regional office of the department;

(5) Specify that persons wishing to be deemed parties in interest and eligible to be heard at such public hearing, if any, shall file a notice of appearance, together with a statement of the precise grounds of support of, opposition to or interest in the petition, with the local tidal wetland permit administrator by 4:45 p.m. of the fourth business day next preceding the date of the public hearing. Filing for this purpose shall require actual receipt in the office of the local tidal wetland permit administrator; and

(6) Specify that if no notices of appearance are timely filed by any party in interest, then the public hearing may be cancelled by the local tidal wetland permit administrator.

(b) As the local tidal wetland permit administrator shall direct, the petitioner shall publish the "notice of petition" at his own expense at least once in each of at least two newspapers having a general circulation in the area where the affected tidal wetlands or adjacent areas are located.

(c) Notice of such hearing will be given by registered mail to the chief administrative officer of each municipality within whose boundaries the affected tidal wetlands or portion thereof is located.

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