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 661 - Tidal Wetlands-land Use Regulations
Section 661.12 - Application for a permit
Universal Citation: 6 NY Comp Codes Rules and Regs ยง 661.12
Current through Register Vol. 46, No. 39, September 25, 2024
(a)
(1) An application for a permit shall be
flled by the applicant with the regional permit administrator on a form
prescribed by the department. Such application shall set forth the purpose,
character and extent of the proposed regulated activity and shall set forth
with particularity the reasons the applicant seeks a permit. The application
shall include a detailed description of the regulated activity; a map showing
the area of tidal wetland or adjacent area directly affected, with the location
of the proposed regulated activity thereon; a statement as to feasible
alternatives to the proposed activity on a site that is not a tidal wetland or
adjacent area or by means that do not affect tidal wetlands; a statement
identifying the owner of the subject property and, where applicable, written
permission of said owner for the applicant to seek permission for, and to carry
out, the proposed activity; a description of the planned use of the subject
property once the proposed regulated activity is completed; a plan at 1" = 50'
scale with a two-foot contour interval and a representation of both the tidal
wetlands landward boundary and the mean high water line; a statement of the
methods to be employed to eliminate or mitigate environmental impacts; clearly
labeled photographs of the site; a variance request when applicable; and such
additional information as the regional permit administrator deems sufficient to
enable the department to make the findings and determinations required under
this Part.
(2) The application
shall be accompanied by a list of the names of the owners of record of lands
adjacent to the tidal wetland or adjacent area upon which the regulated
activity is to be undertaken and the names of known claimants of water rights,
of whom the applicant has notice, which relate to any land within, or within
300 feet of the boundary of, the property on which the proposed regulated
activity is located.
(3) An
application shall not be deemed to be received until the regional permit
administrator determines that all such information, including any additional
information requested, has been supplied in a complete and satisfactory
form.
(4) The department shall mail
a copy of the application to the chief administrative officer, or his designee,
of each municipality in which the affected tidal wetland or adjacent area, or
portion thereof, is located.
(5)
The department shall make the application, including all documents and maps
associated with it, available for public inspection at the regional office
within whose jurisdiction the affected tidal wetland or adjacent area is
located and at such other locations as may be designated in the notice of
hearing. The department may require the applicant to provide a reasonable
number of copies of the application, including associated documents and maps,
for this purpose.
(b) The regional permit administrator may, on request of the applicant or on his own motion, treat the application as a request for a determination that the proposed project is an action which does not require a permit under this Part.
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