(a) The commissioner will issue a permit if he determines that the proposed activity will neither impair the operation of any flood control works or impede the maintenance thereof, including access for operation and maintenance. The issuance of a permit under this Part is for purposes of Article 8 of the Environmental Conservation Law a type II action. However, the applicant for a permit is still responsible for compliance with Article 8 if it is otherwise applicable.

(b) The permit shall contain such conditions, including the term thereof, as the commissioner deems necessary to insure that the proposed activity will neither impair the operation of any flood control works or impede the maintenance thereof, including access for operation and maintenance. No person shall fail to comply with the provisions of this permit.

(c) No permit may be assigned or transferred without prior written approval of the commissioner.