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 665.9 - Delegation of regulatory authority over class i wetlands

Universal Citation: 6 NY Comp Codes Rules and Regs § 665.9

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

(a) As noted in section 665.3(f) of this Part, the commissioner may delegate regulatory authority over Class I wetlands to a local government. For such delegation, the commissioner must consider the degree to which the local government's prior performance demonstrates a commitment to wetland preservation, protection and conservation, and demonstrates a high level of technical and administrative capability. Delegation may occur only if:

(1) a local government has implemented a local freshwater wetlands protection program pursuant to the act for at least two years and has acted on at least six permit applications; and

(2) the local government program has resulted in negligible loss of wetlands benefits, or substantive losses where a result of clearly justified, overriding considerations pursuant to the standards for issuance of permits in section 665.7 of this Part.

(b) The commissioner may rescind this delegation of regulatory authority to a local government for cause and with due notice. Jurisdiction over a permit application in process on the effective date of rescission is transferred to the department.

(c) A local government may apply for the delegation of regulatory authority by a written request from the chief executive officer, accompanied by a resolution of its legislative body, after that local government has complied with subdivision (a) of this section.

(d) Before delegating its regulatory authority, the department must provide for public comment by publishing a notice of its intent in the department's environmental notice bulletin, and at least once in two newspapers having general circulation in the area in which the affected wetlands are located, at least 60 days before such delegation.

(e) The delegation of regulatory authority to a local government may not occur within two years of the date a previous delegation was rescinded pursuant to subdivision (b) of this section or authority was superseded pursuant to section 665.12 of this Part.

(f) The commissioner also may choose to delegate authority for Class I wetlands in certain circumstances according to conditions and provisions which he prescribes, providing that the delegation of authority is consistent with the intent and purposes of the act and this Part and after complying with subdivisions (c) and (d) of this section.

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