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6 CRR-NY 591.4NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK

TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION

CHAPTER V. RESOURCE MANAGEMENT SERVICES

SUBCHAPTER D. REAL PROPERTY AND LAND ACQUISITION

PART 591. PROCEDURES FOR THE SELECTION, REVIEW, APPROVAL AND FUNDING OF STATE PROJECTS UNDER THE 1986 ENVIRONMENTAL QUALITY BOND ACT

6 CRR-NY 591.4

591.4 Project ranking procedure.

(a) Funds available for State projects under the 1986 Environmental Quality Bond Act are finite. It is in the best interest of the public for the State, from the pool of eligible projects, to choose those which will best achieve the bond act objectives of long-term preservation, enhancement, restoration and improvement of the State's environment. In order to assure that these objectives are carried out within the limits of available funding, priority ranking systems for eligible projects are established. Priority ranking of various State projects is achieved by identifying the characteristics possessed by a given project which provide natural resource value and help achieve bond act objectives. Then, using the ranking system forest preserve projects contained in subdivision (c) of this section or the ranking system for a given category or subcategory of environmentally sensitive lands project contained in subdivisions (d) through (m) of this section, a rating is assigned to each characteristic indicating that characteristic's relative importance in contributing to program objectives. Unless otherwise indicated, the sum of the ratings is the proposed project's ranking score. It is recognized that a project under any given category of environmentally sensitive lands may meet the minimum eligibility requirements of one or more other categories of environmentally sensitive lands. The acquisition of such a project would protect additional natural resource values, thus providing multiple benefits to the public. Whenever such multiple benefits are identified, an amount equal to 10 per centum of the total achievable rating under the primary category will be added for the first additional category of environmentally sensitive land identified as a multiple benefit, eight per centum for the second additional category, six per centum for the third additional category, four per centum for the fourth additional category and two per centum for the fifth additional category. Each rating system is different and results in a number that has meaning only in relation to the range of possible ratings within that system. The maximum natural resource value rating for each rating system is stated so that the relevance of any particular rating will be clearer.

(b) While there may be natural resource values that are common to several of the rating systems, vulnerability is the only characteristic that is common to and used by all the rating systems. Accordingly, in order to ensure consistency in the use of the term, this subdivision defines vulnerability and establishes the method for determining a vulnerability rating.

(1) Vulnerability is the measure of the degree of urgency for acquisition by the State in order to preserve the resource. Vulnerability is expressed as a “A,” “B,” “C” or “D” rating for each project that has been determined to meet minimum eligibility requirements, based on the reasonable expectation of substantial adverse impact to the resource and the immediacy of such impact if the project is not acquired by the State. In determining the expectation of impact the following factors, together with such additional factors as may be appropriate, may be considered:

(i) the present condition of the site;

(ii) any announced plans for the site, including their nature, timing, scope and environmental compatibility;

(iii) any pending applications for any form of governmental approval for the use or development of the site;

(iv) the transfer or proposed transfer of ownership of the site including the public offering of the site for sale; and

(v) the relationship of the proposed plans or applications with the overall land use plan or pattern of the affected municipality.

(2) For purposes of defining the immediacy of the expectation, the following time periods will be utilized:

(i) less than two years;

(ii) more than two but less than five years;

(iii) more than five but less than 10 years; or

(iv) beyond 10 years.

(3) The ratings of A, B, C and D are defined based on the determination of the expectation and immediacy of substantial adverse impact as follows:

A—substantial adverse impact is expected to occur within two years;

B—substantial adverse impact is expected to occur; the time of occurrence is beyond two but less than five years;

C—substantial adverse impact is likely to occur; the time of occurrence is beyond five but less than 10 years;

D—substantial adverse impact may occur at some time beyond 10 years.

Once derived by the application of this rating scale, the vulnerability rating will be incorporated into the natural resource value rating of each project meeting minimum eligibility requirements as more fully defined in each of the rating systems set forth in this section. The vulnerability rating is not included within the maximum natural resource value rating score set forth at the beginning of each of the rating systems.

If a proposed project meets the minimum eligibility requirements set forth in section 591.3(c) of this Part, then it must be assigned to one of the following subcategories according to the primary objective of the acquisition: preserves wild, scenic or recreational river corridors; completes wilderness, primitive or canoe areas; consolidates forest preserve; provides recreational opportunity; preserves ecologically significant areas; preserves scenic areas or views including scenic highway corridors; enhances access to forest preserve. Proposed acquisition projects once so assigned will be rated only against other proposed projects within the same subcategory in accordance with the following:

(1) The proposed project contributes to the preservation of a river corridor designated as wild, scenic or recreational or eligible for inclusion in the wild, scenic or recreational river system pursuant to title 27 of article 15 of the Environmental Conservation Law, and/or provides public access thereto. The maximum natural resource value rating is 75.

(i) for each outstanding natural, scenic or ecological feature present on the proposed project (5 maximum 25);

(ii) the contribution of the proposed project to the improvement of recreational opportunity, considering such factors as:

(a) ease of access

(1-10);

(b) provides necessary portage

(1-10);

(d) length of river segment to which access is provided or improved

(1-10);

(iii) proposed project possesses significant aesthetic value visible from the river

(1-10).

(2) Proposed project is eligible for designation as a wilderness, primitive or canoe area as the same is designated by the Adirondack Park Agency for land within the Adirondack Park or by the Department of Environmental Conservation for land within the Catskill Park, in accordance with the definitions contained in section 591.2 of this Part. The maximum natural resource value rating is 20.

(i) Proposed project contributes to completion of existing wilderness, primitive or canoe area, considering such factors as:

(a) elimination of in-holding

(1-10);

(b) extent to which proposed project assists in conforming the boundary to ecological or geographical features

(1-10).

(3) Proposed project provides for consolidation of other forest preserve, including wild forest or intensive use. The maximum natural resource value rating is 10.

(i) interior holding surrounded by forest preserve

(10);

(ii) bounded on three sides by forest preserve

(8);

(iii) adjoins forest preserve on two sides

(6);

(iv) adjoins forest preserve on one side

(4).

(4) Proposed project will provide new or enhance existing recreational opportunities. The maximum natural resource value rating is 40.

(i) project provides multiple opportunities for a variety of both land-and water-related recreational activities

(20);

(ii) project provides multiple opportunities for a variety of either land- or water-related recreational activities

(15);

(iii) project provides for a single purpose recreational opportunity of either a land- or water-related activity

(10);

(iv) project provides alternate recreational opportunities for an existing recreational area which is currently experiencing high use

(20);

(v) project provides recreational opportunity to a geographical area where there is a demand for recreational use but which currently has little or no recreational opportunity

(15);

(vi) project provides additional recreational opportunity to an area which is not presently experiencing high use

(10).

(5) Proposed project preserves ecologically significant areas. The maximum natural resource value rating is 30. The extent to which the proposed project:

(i) protects threatened or endangered plant or animal species

(1-10);

(ii) protects significant habitats

(1-10);

(iii) protects rare natural communities

(1-10).

(6) Proposed project preserves scenic areas or views, including scenic highway corridors. The maximum natural resource value rating is 182.

(i) Proposed project exhibits outstanding arrangement of natural or man-made features (

i.e.,

water features and/or land forms and/or vegetation patterns) that provides positive stimulation, holds interest and command attention of viewing public

(30-50).

(ii) Proposed project contributes to the public enjoyment and/or appreciation of any established scenic resource

(5-14).

(iii) Proposed project shows public use, or evidence of attempts of public use

(5-14).

(iv) Number of viewers served by the acquisition:

(a) substantial

(15);

(b) moderate

(10);

(5);

(v) The prior established formal status of the proposed project:

(a) national natural landmark

(15);

(b) river designated as national or State wild, scenic or recreational

(15);

(c) site, area, lake, reservoir designated or eligible for designation as scenic pursuant to Environmental Conservation Law, article 49

(15);

(d) listed on or eligible for inclusion in National or State Register of Historic Places and management would not be inconsistent with article 14 of the New York State Constitution

(15);

(e) an established or designated interstate or intercounty foot trail or one proposed for establishment or designation

(15).

(vi) Published recognition of scenic values in scholarly works, professional journals, or popular publications

(5-14).

(7) Proposed project provides or enhances access to inaccessible or poorly accessible portions of forest preserve. The maximum natural resource value rating is 10.

(i) The proposed project would provide parcel of land leading to forest preserve which presently has no existing access open to the public

(10).

(ii) The proposed project would provide parcel of land leading to forest preserve to which existing access is poor because of physiographic barriers

(8).

(iii) The proposed project would reduce the length of circuitous route necessary for public use of existing forest preserve

(1-6).

(8) The rating derived from the vulnerability scale contained in subdivision (b) of this section is integrated into the natural resource value rating for each project ranked under any of the seven subcategories contained in this paragraph by adding to the natural resource value rating an amount determined as follows:

Vulnerability rating	Amount to be added to natural resource value rating
A	25% of the natural resource value
B	20% of the natural resource value
C	10% of the natural resource value
D	5% of the natural resource value

(9) It is recognized that any particular forest preserve project which has been assigned to one of the subcategories numbered 1 - 7 above, may also achieve the objectives of one or more of the other subcategories. The acquisition of such a project would protect additional natural resource values thus providing multiple benefits to the public. Whenever such multiple benefits are identified, an amount equal to 10 per centum of the total achievable rating under the primary forest preserve subcategory will be added for the first additional subcategory identified as a multiple benefit, eight per centum for the second additional category, six per centum for the third additional category, four per centum for the fourth additional category and two per centum for the fifth additional category.

(d) Aquifer recharge areas. The maximum natural resource value rating is 40.

(1) Type of aquifer protected:

(i) recharge area for primary public water supply aquifer

(20);

(ii) deep flow recharge area on Long Island

(20);

(iii) recharge area for principal aquifer

(15); or

(iv) recharge area for municipal water supply

(10).

(2) Recharge area within the well-head protection zone. (That surface and subsurface area surrounding a well or wellfield supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well or wellfield. This area must be designated by the department.)

(i) completes acquisition of entire zone

(20);

(ii) for each 5 percent of a well-head protection zone acquired, assign 1 point up to the maximum of 20 points for the entire zone

(1).

(3) The rating derived from the vulnerability scale contained in subdivision (b) of this section is integrated into the natural resource value rating by adding to the natural value an amount determined as follows:

Vulnerability rating	Amount to be added
A	10
B	5
C	3
D	1

(e) Exceptional forest character.

The maximum natural resource value rating is 30.

(1) Average age of dominant trees:

(i) over 250 years

(10);

(ii) over 200 but less than 250 years

(5);

(iii) over 150 but less than 200 years

(3).

(2) Rarity of the species or community:

(i) extirpated or never previously found

(10);

(ii) five or fewer existing sites

(5);

(iii) between 6 and 20 existing sites

(4);

(iv) between 21 and 99 existing sites

(3).

(3) Extent of human intervention:

(i) the proposed project exemplifies typical vegetation and there is no known human intervention

(10);

(ii) the proposed project exemplifies typical vegetation and any prior known human intervention is no longer evident

(5).

(4) The rating derived from the vulnerability scale contained in subdivision (b) of this section is integrated into the natural resource value rating by adding to the natural resource value an amount determined as follows:

Vulnerability rating	Amount to be added
A	10
B	7
C	5
D	3

(f) Exceptional scenic beauty.

The maximum natural resource value rating is 167.

(1) Proposed project exhibits outstanding arrangement of natural or man-made features (

i.e.,

water features and/or land forms and/or vegetation patterns) that provide positive stimulation, hold interest and command attention of viewing public

(30-50).

(2) Proposed project contributes to the public enjoyment and/or appreciation of any established scenic resource

(5-14).

(3) Proposed project shows public use, or evidence of attempts of public use

(5-14).

(4) Number of viewers served by the proposed project:

(i) substantial

(15);

(ii) moderate

(10);

(iii) minimal

(5).

(5) Proposed project has prior established formal status:

(i) national natural landmark

(15);

(ii) river designated as national or State wild, scenic or recreational

(15);

(iii) site, area, lake, reservoir designated or eligible for designation as scenic pursuant to Environmental Conservation Law, article 49

(15);

(iv) property on or eligible for inclusion in National or State Register of Historic Places

(15).

(6) Proposed project has published recognition of scenic values in scholarly works, professional journals, or popular publications

(5-14).

(7) The rating derived from the vulnerability scale contained in subdivision (b) of this section is integrated into the natural resource value rating for each project by adding to the natural resource value rating an amount determined as follows:

Vulnerability rating	Amount to be added to natural resource value rating
A	20% of the natural resource value
B	15% of the natural resource value
C	10% of the natural resource value
D	5% of the natural resource value

(g) Open space.

The maximum natural resource value rating is 160.

(1) The proposed project provides greenbelt and/or recreational land around urban and suburban areas, and/or buffer along resources of natural, scenic or recreational values, such as wetlands, rivers, streams, ridges and parkways which are publicly owned or owned by a qualified nonprofit conservation or historic preservation organization and protected in perpetuity for the public benefit.

Assign a rating of 5-25 in increments of 5

(5-25).

(2) The proposed project is within an area identified as an open space area to be maintained as such in any open space plan or resource inventory prepared by a governmental agency or nonprofit conservation or planning organization

(50).

(3) The proposed project is within a resource management area designated under article 49 of the Environmental Conservation Law

(50).

(4) Multiple use/benefit potential. In addition to the above, acquisition would provide:

(i) protection for important plant and animal communities

(5);

(ii) aesthetic/scenic resources

(5);

(iii) recreation potential

(5);

(iv) historic or cultural significance

(5);

(v) scientific or experimental value

(5);

(vi) enhancement of tourism

(5);

(vii) environmental education

(5).

(5) The rating derived from the vulnerability scale contained in subdivision (b) of this section is integrated into the natural resource value rating by adding to the natural value an amount determined as follows:

Vulnerability rating	Amount to be added
A	10
B	9
C	8
D	1

(h) Pine barrens.

The maximum natural resource value rating is 74.

(1) Quality - for each of the determinants of quality listed assign a value on a scale of 1 - 5, 5 being the highest:

(i) vegetation as indicated by the lack of disturbance, easy recognition and lack of invading species

(1 - 5);

(ii) diversity as measured by the extent to which the proposed acquisition contributes to the protection of the various pine barrens regions, ecosystems and vegetation types

(1 - 5);

(iii) ability to burn as evidenced by past history and as determined by geographical and management considerations

(1 - 5);

(iv) contributions to the enhancement of regional pine barrens protection as measured by the degree to which the proposed project provides adequate additional area or adequate buffer to an existing pine barrens areas

(1 - 5);

(v) uniqueness of the area as determined by the proposed project being the only example of such a pine barrens in the country, or in the State, or being the best example within a pine barrens region, or of a pine barrens vegetation type

(1 - 5);

(2) Benefits - for each benefit listed assign a value on a scale of 1 - 7, 7 being the highest:

(i) protection of prime groundwater zones

(1 - 7);

(ii) protection of one or more pine barrens vegetation types or ecosystems

(1 - 7);

(iii) protection of one or more endangered, threatened, rare, or disappearing pine barrens animal or plant species dependent on pine barrens areas for survival; or protection of other wildlife that are present

(1 - 7);

(iv) protection of unique pine barrens landscapes or scenic vistas

(1 -7);

(v) protection of pine barrens lands adjacent to the proposed project through the completion of a contiguous preserve, making other pine barrens lands easier to burn or manage, protection of surface and ground waters which flow into other pine barrens areas or increasing the total area of a pine barrens preserve above the threshold acreage needed for survival

(1 - 7);

(vi) protection of pine barrens lands, including/and adjacent to hiking trails available to the public

(1 - 7);

(vii) protection of pine barrens lands in coordination with other levels of government (Federal or local) or with private conservation agencies

(1 - 7).

Vulnerability rating	Amount to be added
A	25
B	15
C	10
D	5

(i) Public access.

(1) Access to public lands.

The maximum natural resource value rating is 255.

(i) New access:

(a) proposed project would provide parcel of land leading to public land which presently has no existing access open to the public

(100); or

(b) the proposed project would provide parcel of land leading to part of public land area which presently is inaccessible because of physical barriers

(75).

(ii) Improved access:

(a) the proposed project would permit an environmentally acceptable through route for a foot trail or vehicular access trail where existing trail now ends

(25); or

(b) the proposed project would reduce the length of circuitous route necessary for public use of existing public lands:

(1) by three miles or more

(20);

(2) by one to three miles

(15);

(3) by less than one mile

(10);

(4) would not reduce route

(0).

(iii) Acreage size factor: The proposed project would create or improve accessibility to public land holdings of:

(a) 500 acres or more

(20);

(b) 101 to 499 acres

(10);

(5).

(iv) Management:

(a) the proposed project is consistent with recommendations contained in an approved unit management plan

(15);

(b) existing vehicular access trail or foot trail or parcel(s) to be acquired meets department specifications

(15);

(c) existing vehicular access trail or foot trail on parcel(s) to be acquired can be economically upgraded to meet department specifications

(10);

(d) the proposed project would result in a common boundary between parcels of public lands where existing connection is only a common corner

(10);

(e) the proposed project would reduce the length of public land boundary to maintain and patrol by:

(1) three miles or more

(10);

(2) one to three miles

(8);

(3) less than one mile

(6);

(4) would not reduce boundary

(0).

(f) the proposed project would connect two parcels of public land that are not presently connected

(10).

(v) Special factors: The proposed project contains, or would provide improved public access to existing public lands that contain:

(a) unusual flora or fauna

(5);

(b) recreational fishing stream or spawning area

(5);

(d) frontage on lake, pond or river that provides recreational opportunity

(5);

(e) regulated wetland

(5);

(f) significant fish or wildlife habitat

(5);

(g) area of public land with existing high-intensity use

(5).

(vi) Proximity to population centers project is within 25 miles of a population center of:

(a) 100,000 inhabitants or more

(5);

(b) 50,000 inhabitants or more

(3);

(2).

(vii) The rating derived from the vulnerability scale contained in subdivision (b) of this section is integrated into the natural resource value rating by adding to the natural value an amount determined as follows:

Vulnerability rating	Amount to be added
A	10
B	8
C	6
D	4

(2) Stream rights.

The maximum natural resource value rating is 83.

(i) Stream quality. Stream quality reflects the overall condition of selected stream characteristics, including water quality; stability of flow; summer water temperatures; streambank stability and cover; number and quality of spawning and nursery grounds for important sport fishes. It also reflects stream productivity or the capacity of the stream to grow a harvestable crop of fish:

(a) very high

(34);

(b) high

(17);

(8);

(d) low

(1).

(ii) Stream width. Special consideration is given to stream width because of its direct relationship to the capacity of the stream to provide fishing grounds, absorb fishing pressure, and the total productive area per mile of stream:

(a) greater than 20 feet

(8);

(b) 10 to 20 feet

(4);

(1).

(iii) Fishing quality. Consideration is given to the following factors:

(a) uniqueness of the fishery, including use by anadromous fishes;

(b) species composition and desirability for sport fishing or as food fishes;

(d) relative intensity of fishing pressure and its effect on fishing quality;

(e) aesthetic factors, including scenic aspects of adjacent lands, degree of pollution, historical or traditional aspects associated with the fishery;

(f) relative rarity of this type of sport fishing in the region:

(1) very high

(33);

(2) high

(17);

(3) medium

(8);

(4) low

(1).

(iv) Accessibility. Consider the following factors under accessibility:

(a) proximity to human population centers;

(b) distance that fishable sections lie from the nearest public road;

(1) very accessible

(8);

(2) moderately accessible

(4);

(3) access difficult

(1).

(v) The rating derived from the vulnerability scale contained in subdivision (b) of this section is integrated into the natural resource value rating by adding to the natural value an amount determined as follows:

Vulnerability rating	Amount to be added
A	17
B	11
C	6
D	1

(vi) Outstanding streams. Following calculation of the natural resource value rating and the vulnerability rating of all eligible streams on the basis of the rating system set forth in paragraph (2) of this subdivision, a range of point totals from 5 to 100 will result. Streams achieving a 100-point total will be classed outstanding as a group, and will be further evaluated for the assignment of bonus points according to the following additional criteria:

(a) Stream supports substantial recognized multispecies salmon run providing an extended fishing season for trophy class fish. Add 10 points.

(b) Stream meets above criteria and currently provides in excess of 150,000 angler trips per year and/or currently receives unacceptably high use per unit area of public water. Add 20 points.

(vii) In applying this ranking system, the proposed project will be assigned to one of the following classifications:

(a) coldwater streams which are defined as those where trout (salmonids) predominate; or

(b) warmwater streams which are defined as those where nontrout, commercial or sport fish predominate; or

(c) tributaries of the Hudson River which are defined as any tributary of the Hudson River, south of the Federal dam at Troy, upstream to the first barrier impassable to fish.

Proposed acquisition projects once so classified will be evaluated using the priority rating system only against other proposed projects within the same classification.

(3) Inland waterway access.

The maximum natural resource value rating is 88.

(i) Fishing quality. Consideration should be given to the following factors:

(a) uniqueness of the fishery, including use by anadromous fishes;

(b) abundance and size of fishes;

(d) aesthetic factors, including scenic aspects of adjacent lands, degree of pollution, historical or traditional aspects associated with the fishery;

(e) relative rarity of this type of sport fishing in the region:

(1) outstanding or unique

(45);

(2) high

(22);

(3) medium

(11);

(4) low

(2).

(ii) Surface acreage/linear mileage accessed has a direct bearing on use capacity. As a general policy in determining ideal access sites per unit of water, use one site per 300 acres or 10 miles.

(a) over 300 acres/10 miles

(11);

(b) 100 to 300 acres/5 to 10 miles

(7);

(2).

(iii) Proximity to centers of population. Consider the use opportunity to an access site based on its nearness to major population centers.

(a) within 50 miles of population center of 100,000 or more

(11);

(b) within 50 miles of population center of 50,000 to 100,000

(8);

(5);

(d) more than 50 miles from a population center of 25,000 or less

(2).

(iv) Existing access. Whether local government or private but open to the public access sites are present and usable should be considered in establishing priority:

(a) none available

(11);

(b) inadequate or undeveloped

(7);

(2).

(v) Other factors. Consideration should be given to other factors which have a bearing on decisions for need and priority of waterway access acquisition.

(a) Site developability; both physical and environmental.

(b) Importance of public access to long-range fisheries management plans.

(c) Consideration of all forms of public use interests served, including but not limited to fishing, hunting, trapping, boating, travel, camping and canoeing:

(1) high

(10);

(2) average

(4);

(3) low

(1).

(vi) The rating derived from the vulnerability scale contained in subdivision (b) of this section is integrated into the natural resource value rating by adding to the natural value an amount determined as follows:

Vulnerability rating	Amount to be added
A	12
B	5
C	2
D	1

(4) Tidal waterway access.

The maximum natural resource value rating is 70.

(i) Population served - the number of people within a radius of 50 miles:

(a) 100,000 +

(25);

(b) 25,000 − 100,000

(15);

(10).

(ii) Need for access to previously inaccessible areas:

(a) no access open to all New York State residents within 30 miles

(25);

(b) no access open to all New York State residents within 20 miles

(15);

(10).

(iii) Other environmental benefits - for each of the following benefits provided:

(a) environmental education

(5);

(b) flood plain control

(5);

(d) waterfowl habitat

(5).

(iv) The rating derived from the vulnerability scale contained in subdivision (b) of this section is integrated into the natural resource value rating by adding to the natural value an amount determined as follows:

Vulnerability rating	Amount to be added
A	25
B	10
C	2
D	1

(j) Trailways.

The maximum natural resource value rating is 25.

(1) Population served - the number of people within a radius of 50 miles:

(a) 100,000 +

(10);

(b) 25,000 − 100,000

(7);

(3).

(2) Acquisition connects other trails to establish interconnecting series of recreation ways.

(5).

(3) Acquisition utilizes existing corridors, such as abandoned railroad right-of-ways, canal towpaths, utility lines

(5).

(4) The rating derived from the vulnerability scale contained in subdivision (b) of this section is integrated into the natural resource value rating by adding to the natural value an amount determined as follows:

Vulnerability rating	Amount to be added
A	5
B	4
C	3
D	1

(k) Unique character.

The maximum natural resource value rating is 175.

(1) Relative uniqueness - exceptional and/or rare example of special natural beauty, wilderness character, geological significance, ecological significance, historical or archaeological significance.

(i) One of a kind in the country

(60); or

(ii) One of a kind in the Northeast

(40); or

(iii) One of a kind in the State

(30); or

(iv) One of a kind in a region appropriate to the resource being rated (20); or

(v) Best of a kind in a county

(10).

(2) Diversity values - for each of the following values other than the primary one, special natural beauty; wilderness character; geological significance; ecological significance, historical or archaeological significance possessed by a proposed project, add additional points as follows:

(i) special natural beauty

(0-10);

(ii) wilderness character

(0-10);

(iii) geological significance

(0-10);

(iv) ecological significance

(0-10);

(v) historical or archaeological significance

(0-10).

(3) Specific values - evaluate each proposed project for its primary value only according to the rating system for that value set forth below.

(i) Special natural beauty.

(a) Additional consideration should be given for each example of outstanding arrangements of natural features such as water features and/or landforms and/or vegetation patterns that provide positive stimulation, hold interest and command the attention of the viewing public up to a maximum of 15

(5).

(b) Additional consideration should be given for each instance of published recognition of the natural beauty of the project, contribution to an established scenic resource, and/or evidence of public use or attempts at public use to a maximum of 15

(5).

(ii) Wilderness character.

(a) Additional consideration should be given for each example of outstanding natural, ecological or scenic features up to a maximum of 15

(5).

(b) The degree to which the project exemplifies wilderness characteristics on a scale of 1-15.

(iii) Geological significance.

(a) Additional consideration should be given for each distinct type of paleontological relic which has been recorded on the property to a maximum of 15

(5).

(b) Additional consideration should be given for each type of distinct type of physical geological feature recorded on the property to a maximum of 15

(5).

(iv) Ecological significance.

(a) Additional consideration should be given for each animal or plant species which has been recorded on the property and which is listed on the Federal, international and/or New York State rosters of threatened or endangered species to a maximum of 15

(5).

(b) Additional consideration should be given for each example of a specific ecotype which can be identified on the property and which is classified as a fragile or endangered habitat or natural community (

e.g.,

wetland, mountain top) or which is distinguishable for its archetypical nature to a maximum of 15

(5).

(v) Historical significance.

(a) Additional consideration should be given for each distinct type of historical/archaeological object, feature or culture which has been recorded on the property to a maximum of 15

(5).

(b) Additional consideration should be given for each distinct historical/archaeological or cultural significance characteristic which has been associated with the property to a maximum of 15

(5).

(4) Miscellaneous values.

(i) property (or part thereof) has been designated as a National Natural Landmark (NNL)

(15).

(ii) property (or part thereof) has been designated as a National Historic Landmark (NHL)

(15).

(iii) property (or part thereof) has been included in the National or State Register of Historic Places, or is deemed eligible for such listing (exclusive of NHL designation)

(10).

(iv) property has received a high priority ranking within the New York State Natural Heritage Program (exclusive of NNL designation)

(10).

(v) property is adjacent to, near, or visually accessible from a State Historic Site, National Historic Site, or a site, park, recreation area or nature preserve owned by a public or not-for-profit entity

(5).

(5) Accessibility factors:

(i) Surrounded entirely by water or by privately owned lands and with no public right-of-way

(5); or

(ii) accessible only on foot or horseback; no motorized vehicles can approach nearer than five miles

(4); or

(iii) accessible only on foot or horseback; no motorized vehicles can approach nearer than one mile

(3); or

(iv) motorized vehicles can enter property, but only by using unpaved roads; minimal or no prepared parking areas

(2); or

(v) access by paved roads; minimal or no prepared parking areas

(1); or

(vi) access by paved roads; prepared parking areas available

(0).

(6) Recreational factors:

(i) prospective recreational uses are in harmony with te area's unique values (5); or

(ii) susceptible to light nonmotorized recreational use which nevertheless may conflict with the area's unique values

(4); or

(iii) susceptible to moderate recreational use which may conflict with the area's unique values

(3); or

(iv) in 20 years, susceptible to heavy recreational use

(2); or

(v) after acquisition, susceptible to heavy recreational use which is inimical to the area's unique values

(1); or

(vi) currently subject to heavy recreational use which is inimical to the area's unique values

(0).

(7) Management factors:

(i) management of the preserve would be assumed by an interested municipality or not-for-profit or educational organization on a permanent basis

(5); or

(ii) management of the preserve would be assumed by an interested municipality or not-for-profit or educational organization on an annual basis

(4); or

(iii) management of the preserve would be assumed by a State agency and is expected to cost a minimum amount per annum

(2); or

(iv) management of the preserve would be assumed by a State agency and is expected to cost a substantial amount per annum in labor and materials, which may include frequent patrolling of the premises or repairs/depreciation on one or more structures

(1).

(8) The rating derived from the vulnerability scale contained in subdivision (b) of this section is integrated into the natural resource value rating by adding to the natural value an amount determined as follows:

Vulnerability rating	Amount to be added
A	25
B	15
C	5
D	3

(k) Wetlands

(1) Freshwater.

The maximum natural resource value rating is 12.

(i) Wetland value characteristics. Determine the wetland value characteristics rating, to a maximum of 12, according to the following:

(a) supports animal species in abundance or diversity unusual for the State or the major region of the State in which it is found

(8);

(b) is tributary to a body of water which could subject a substantially developed area to significant damage from flooding should the wetlands be modified, filled or drained

(8);

(d) has exceptional recreational potential, especially in view of its proximity to major centers of population

(8);

(e) is or contains a rare wetland, natural community, such as, but not limited to, the following: classic kettlehole bog, inland salt marsh, rich fen, patterned peatland, or Atlantic white cedar swamp

(8);

(f) is an emergent marsh in which purple loosestrife and/or reed (phragmites) constitute less than two thirds of the covertype

(4);

(g) contains two or more of the following wetland structural groups: emergent herbaceous covertypes, or emergent or wet meadow vegetation constituting at least 25 percent of the area of the wetland; woody covertypes, of deciduous swamp, coniferous swamp or shrub swamp constituting at least 25 percent of the area of the wetland; water covertypes, of submergent vegetation, floating vegetation or wetland open water constituting at least 15 percent of the area of the wetland

(4);

(h) is contiguous to a tidal wetland

(4);

(i) is associated with permanent open water outside the wetland

(4);

(j) is adjacent or contiguous to streams classified C(t) or higher under article 15 of the Environmental Conservation Law

(4);

(k) is resident habitat of an animal species vulnerable in the State

(4);

(l) supports animal species in abundance or diversity unusual for the county in which it is found

(4);

(m) is tributary to a body of water which could subject a lightly developed area, an area used for growing crops for harvest, or an area planned for development by a local planning authority, to significant damage from flooding or from additional flooding should the wetland be modified, filled or drained

(4);

(n) acts in a tertiary treatment capacity for a sewage disposal system

(4);

(o) is within or near an urbanized area

(4);

(p) is one of the three largest wetlands within a city, town, or New York City borough

(4);

(q) contains an upland island

(1);

(r) has a total alkalinity of at least 50 parts per million

(1);

(s) is adjacent to fertile upland

(1);

(t) is resident habitat of an animal species vulnerable in the major region of the State in which it is found, or it is traditional migration habitat of an animal species vulnerable in the State or in the major region of the State in which it is found

(1);

(u) contains a plant species vulnerable in the major region of the State in which it is found

(1);

(v) is part of a surface water system with permanent open water and receives significant pollution of a type amenable to amelioration by wetlands

(1);

(w) is visible from an interstate highway, a parkway, a designated scenic highway or a passenger railroad, and serves a valuable aesthetic or open space function

(1);

(x) is one of the three largest wetlands of the same covertype within a town

(1);

(y) is in a town in which wetland acreage is less than one percent of the total acreage

(1).

(ii) Biological productivity.

(a) Determine the biological productivity rating by averaging the score for each of the eight indices according to the following chart:

Freshwater Wetland Wildlife Productivity Scoring Chart Characteristics

Soil Suitability (SCS)				Hydrology	Vegetation and Structure			Wildlife
	Wetland food and cover plants	Shallow diked or excavated impoundments	Wetland Wildlife	Water supply to refill from lowest to highest	% open water in growing season	Robustness, variety and interspersion	Onsite presence of plant species important to wildlife	Variety and abundance of wildlife observed onsite, historically
Score
12	1	1	1	Plentiful all seasons most years	40-60	Rich growth; emergents, submergents, and water well interspersed	High	High
10	2	2	2	Adequate all seasons most seasons	40-60	Moderate growth, variety, interspersion
8	2	2	2	Adequate all seasons some years	40-60	Moderate growth, variety, interspersion	Med.	Med.
6	3	3	3	Seasonally inadequate some years	70 or 30	Moderate growth, variety, interspersion
4	3	3	3	Seasonally inadequate most years	70 or 30	Poor growth, variety
2	4	4	4	Unreliable	80 or 20	Monotype	Low	Low

(b) Reduce the average that results by an amount up to 25 percent to reflect the degradation, if any, not accounted for in the table.

(iii) The rating derived from the vulnerability scale contained in subdivision (b) of this section is equated to a value determined as follows:

Vulnerability rating	Value
A	1 ²/₃
B	1 ½
C	1 ¼
D	1

This value is utilized in the computation of the overall rating as set forth in subparagraph (l)(1)(iv) of this section.

(iv) Overall rating. The higher of the ratings determined under the wetland value characteristics table or the biological productivity table is multiplied by the vulnerability rating to determine the proposed project's overall rating.

(2) Tidal - the maximum natural resource value rating is 106.

(i) proposed project meets either of the minimum eligibility requirements set forth in section 591.3 of this Part, for tidal wetlands

(50);

(ii) proposed project supports and contributes to the productivity of the marine or estuarine ecosystem

(10);

(iii) proposed project is accessible and amenable to management for the enhancement or continued viability of wetland characteristics

(5);

(iv) proposed project is accessible for public use

(5);

(v) proposed project is potentially accessible for public use

(2.5);

(vi) proposed project includes habitat for rare, threatened or endangered species or rare natural communities, or has potential, through restoration, to provide such habitat or communities

(5);

(vii) proposed project is in proximity to recreational or commercial marine or estuarine finfish or crustacea harvest areas

(5);

(viii) proposed project is in proximity to commercially valuable shellfishing area

(5);

(ix) proposed project is contiguous to other Federal, State, local government, or qualified not-for-profit conservation organization preserves

(5);

(x) total acreage of proposed project, including contiguous preserves owned by Federal, State, local government or a qualified not-for-profit conservation organization, is greater than 75 acres

(5);

(xi) diversity of habitat types within the proposed project:

(a) intertidal marsh

(2.5);

(b) fresh coastal marsh

(2.5);

(d) shoals, bars and flats

(2.5);

(e) formerly connected marsh

(1.0).

(xii) The rating derived from the vulnerability scale contained in subdivision (b) of this section is integrated into the natural resource value rating by adding to the natural value an amount determined as follows:

Vulnerability rating	Amount to be added
A	25
B	10
C	2
D	1

(m) Wildlife habitat.

The maximum natural resource value rating is 189.

(1) Species listing.

Determine the species listing rating by determining whether the proposed project provides habitat for a species that is:

(i) State and Federal endangered

(12);

(ii) State endangered and Federal threatened

(10);

(iii) State endangered or Federal threatened

(8);

(iv) State and Federal threatened

(6);

(v) State threatened

(4).

If an area has more than one species listed, the score of the species with the highest score will be listed in the total. Half of the score for the species with the next highest score will be added to the first. One fourth of the next will be added. Up to three species will be counted.

(2) Habitat value.

Determine the habitat value rating according to the following table using the lowest possible rating based on the presence of any one of the following:

(i) the habitat is permanent, not subject to adverse forces, or adverse forces are easy to control, if the proposed project is acquired

(5);

(ii) the species is not mobile, or if it is mobile, it is extremely tenacious in continuing to use a site, so that its use may be considered permanent; past long-term use of the proposed site is well documented

(5);

(iii) the habitat is irreplaceable or the cost of replacement is clearly prohibitive

(5);

(iv) alternative sites are not available

(5);

(v) the habitat may be subject to adverse forces which are controllable with some expense and difficulty if proposed project is acquired

(4);

(vi) the species is mobile but is known to continue habitual residence and migration behavior for a time span of decades

(4);

(vii) replacement is difficult and expensive at best; ability to replace is not certain

(4);

(viii) alternative sites are extremely rare

(4);

(ix) the habitat may be subject to adverse forces which are controllable with major expense and difficulty if the proposed project is acquired

(3);

(x) the species is mobile but generally uses the same site and can be expected to use the site for at least a decade

(3);

(xi) replacement is reasonably likely with significant expense

(3);

(xii) alternative sites are rare

(3);

(xiii) the habitat may be subject to adverse forces whose control is uncertain if the proposed project is acquired

(2);

(xiv) the species is mobile, is known to return to sites, but not with long-term regularity, and is not dependent on them

(2);

(xv) replacement is relatively easy.

Will be replaced through independent processes within 10 years

(2);

(xvi) alternative sites are limited but identifiable

(2);

(xvii) the habitat will be subject to adverse forces whose control is doubtful if the proposed project is acquired

(1);

(xviii) the species is mobile and does not usually use the same site for more than a few years

(1);

(xix) replacement is easy.

Will be replaced through independent processes within five years

(1);

(xx) alternative sites are readily accessible

(1).

(3) Habitat proportion.

Determine the habitat proportion rating for each proposed project, or for all proposed acquisition projects relating to a given species, according to the following table:

(i) 40 percent or more of a species' population or habitat in the State is contained on the area

(1.8);

(ii) 20 to 39 percent of a species' population or habitat in the State is contained on the area

(1.6);

(iii) 10 to 19 percent of a species' population or habitat in the State is contained on the area

(1.4);

(iv) 5 to 9 percent of a species' population or habitat in the State is contained on the area

(1.2);

(v) 1 to 4 percent of a species' population or habitat in the State is contained on the area

(1.0).

If 50 percent or more of a species' population or habitat is in protected ownerships by the Federal, State or local government or a qualified not-for-profit conservation organization, reduce the habitat proportion rating by using 1.0.

(4) Habitat vulnerability.

The rating derived from the vulnerability scale contained in subdivision (b) of this section is equated to a value determined as follows:

Vulnerability rating	Value
A	2
B	1.8
C	1.4
D	1.0

This value is utilized in the computation of the overall rating as set forth in paragraph (m)(5) of this section.

(5) Overall rating.

Multiply the ratings for habitat value, habitat proportion and habitat vulnerability together yielding the habitat score. Multiply the habitat score by the rating for the species listing to determine the proposed project's overall rating. If any two ratings are equal or without significant difference in terms of resource protection, taxonomic distinctness will be used to break ties. A species will take precedence over a subspecies. The only species in a genus will take precedence over a species with other species in its genus. The only species in a family will take precedence over the only species in a genus. This method will be employed to the highest level necessary in order to provide a meaningful distinction.

6 CRR-NY 591.4

Current through February 15, 2022

End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.