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 665.5 - Standards for technical and administrative capability

Universal Citation: 6 NY Comp Codes Rules and Regs § 665.5

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

(a) Standards for technical capability.

(1) A local government's freshwater wetlands protection program must be no less protective than the policy and procedures contained in the act and this Part. Permit applications must be reviewed by a person(s) with training and experience adequate to:

(i) consider the effects of specific proposals on the functioning and benefits of the specific wetland(s) affected as specified in subdivision 24-0105.7 of the act;

(ii) determine whether the proposed use is consistent with applicable minimum land-use regulations weighed against standards for permit issuance applied to a wetland's classification pursuant to section 665.7 of this Part;

(iii) assess an applicant's proposals to enhance, mitigate or compensate for existing wetlands benefits;

(iv) prepare and/or grant, deny or condition a permit; and

(v) enter his/her findings and supporting rationale in the public record.

(2) Suitable qualifications include either a bachelor degree in wildlife management, fisheries management, forestry, ecology, hydrology or a closely related field; an associate degree in one of the above fields and two years' full-time experience in work closely associated with wetlands protection; and any other training and experience which assures a technical knowledge of wetlands and their functions and benefits sufficient to perform the tasks identified in paragraph (1) of this subdivision.

(b) Standards for administrative capability. A local government must have the administrative capability to effectively and efficiently implement a local freshwater wetlands protection program. It must:

(1) make adequate provision for public scrutiny and participation in the permitting process;

(2) comply with all procedural requirements contained in section 24-0703 of the act;

(3) follow a clearly identifiable step-by-step process by which action will be taken on permit applications;

(4) ensure that records will be subsequently maintained and compliance will be monitored and enforced; and

(5) establish reasonable time frames within which action will be taken and decisions rendered consistent with sections 24-0703 and 24-0705 of the act.

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