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 665 - Local Government Implementation Of The Freshwater Wetlands Act And Statewide Minimum Land-use Regulations For Freshwater Wetlands
Section 665.13 - Other department responsibilities

Universal Citation: 6 NY Comp Codes Rules and Regs § 665.13

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

In addition to those already specified, the act assigns the department other continuing roles in freshwater wetlands protection for the sake of consistency and to assure adequate jurisdiction in view of the fact that natural systems transcend local boundaries.

(a) The department is responsible for the promulgation of official maps for regulatory purposes and, except in the Adirondack Park, the classification of mapped wetlands the maintenance of said maps and classifications.

(b) Except in the Adirondack Park, the department must delineate more precisely the boundary line or lines of a freshwater wetland or parts of a wetland upon written request of any person showing good cause for such delineation. Such delineation must be in accordance with the provisions of subdivision 24-0301.7 of the act.

(c) The department, in accordance with section 664.4(g) and (h), must respond to a written request by any person to change a wetland's classification and must confirm the classification of a wetland to be affected by a proposed activity upon the written request of any person intending to submit an application for a permit to the department or a local government.

(d) The department, except in the Adirondack Park, retains regulatory authority in all cases where:

(1) an official map has not yet been promulgated;

(2) no local government has assumed local jurisdiction or said jurisdiction has been transferred to, defaulted or superseded by the department;

(3) wetlands have been exempted from local implementation and not delegated to a local government; or

(4) a local government is the applicant for a permit.

(e) The department, pursuant to subdivision 24-0501.7 of the act, will make its technical services available for a fee. Such fees are imposed at the discretion of the department and must not exceed the total cost of providing the service.

(1) Technical services for a fee may be supplied to a local government that has temporarily lost the services of a person(s) providing technical capability to the local freshwater wetlands protection program and thus its ability to administer the act. The local government must reestablish its technical capability, in accordance with section 665.4(h), (i) and (j) within six months or its authority will be superseded.

(2) Local governments are encouraged to seek the advice of the department for permit application review under circumstances that do not require formal participation and consideration of a fee. Technical information of the department that is available to the public (e.g., flora and fauna occurrence) will be available for free to local governments to assist them in reviewing permit applications.

(f) Notwithstanding the requirement for local government enforcement of its local freshwater wetlands protection program in accordance with section 665.10 of this Part, the department may, at the request of local government or on its own initiative, take enforcement action against violation of the act, local law or ordinance or the terms of any permit.

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