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 666 - Regulation Or Administration And Management Of The Wild, Scenic And Recreational Rivers System In New York State Excepting Private Land In The Adirondack Park
Section 666.11 - Preservation of natural flow
Universal Citation: 6 NY Comp Codes Rules and Regs ยง 666.11
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Dams and waterway improvements.
(1) No dam, weir,
bulkhead, riprap, diversion or other structure or modification of the waterway
shall be constructed upon any river area which has been included in the State
wild, scenic and recreational rivers system except stream improvement
structures for fisheries management purposes as expressly authorized in section 15-2709 of the Environmental
Conservation Law.
(2) New
construction or new operation of hydropower facilities on wild rivers is
prohibited.
(3) The department may
approve permits and certifications for the installation of new hydroelectric
generation facilities at existing dams on scenic and recreational rivers
provided that:
(i) a run-of-river operational
mode is employed;
(ii) there is no
diversion of the river above or below the existing dam;
(iii) any ancillary facilities, such as
access roads and transmission lines, conform with the requirements of the act,
this Part and other applicable State laws and regulations; and
(iv) such dams are not on lands in the Forest
Preserve, State Nature and Historic Preserve Trust, in State parks, or in State
reforestation, multiple use, unique, or wildlife management areas.
(b) Natural flow.
(1) The natural flow of water in wild rivers
shall be maintained and there shall be no new diversions thereof or withdrawals
therefrom.
(2) Permit application
reviews of proposed groundwater withdrawals which are located in the watershed
of the river area and are regulated pursuant to article 15, title 15 of the
Environmental Conservation Law shall include consideration of the effect of the
proposed activity on streamflow and associated water table levels. Permits for
groundwater withdrawals will not be issued if it is determined that such
withdrawals would result in significant lowering of the water table or
reduction of streamflow.
(3) Any
changes in water releases from an existing water-impounding structure shall be
conducted in a manner that will insure the protection, perpetuation and
enhancement of riverine biota and the natural, scenic and recreational values
of the designated river.
(4) All
water-dependent and water-related developments or land uses, consumptive or
otherwise, which are located in or upstream of a designated river segment, and
which affect all or part of the flow in the designated river, will be required:
(i) to operate in a run-of-river mode;
or
(ii) to maintain a downstream
baseflow that will provide appropriate protection, perpetuation and enhancement
of the riverine biota and the natural, scenic and recreational values of the
designated river segment.
(c) Natural drainage systems, including perennial and intermittent streams, swales, and drainage ditches in an open, undisturbed condition, along with adjacent vegetated filter strips shall be maintained.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
