6 CRR-NY 661.5NY-CRR
6 CRR-NY 661.5
6 CRR-NY 661.5
661.5 Use guidelines.
(1) Any type of use designated in this section as a use not requiring a permit for the type of area involved is not subject to the permit requirements of this Part.
(2) Any type of use designated in this section as a generally compatible use for the type of area involved is generally compatible with that type of area and with the preservation, protection and enhancement of the present and potential value of tidal wetlands if undertaken in that area. The compatibility of a particular use depends on the particular location, design and probable impact of the proposed use. Generally compatible uses are subject to the permit requirements of this Part.
(3) Any type of use designated in this section as a presumptively incompatible use for the type of area involved shall be presumed not to be compatible with the type of area involved or with the preservation, protection or enhancement of the present and potential values of tidal wetlands if undertaken in that area. Any such use is subject to the permit requirements of this Part.
(4) Any type of use designated in this section as an incompatible use is not compatible with the type of area involved or with the preservation, protection or enhancement of the present and potential values of tidal wetlands if undertaken in that area. Any such use is subject to the permit requirements of this Part.
(i) Nothing in this subdivision shall be deemed to remove any burden of proof imposed on an applicant by section 661.9 of this Part.
(b) The classification of uses in coastal fresh marshes, intertidal marshes, coastal shoals, bars and flats, high marshes or salt meadows, littoral zones, and adjacent areas, shall be as respectively indicated in the following chart:
|Area Categories Use Categories|
|FM—Coastal Fresh Marsh NPN—Uses Not Requiring a Permit|
|IM—Intertidal Marsh GCp—Generally Compatible Use—Permit Required|
|SM—Coastal Shoals, Bars and Flats PIp—Presumptively Incompatible Use—Permit Required|
|LZ—Littoral Zone I—Incompatible Use|
|HM—High Marsh or Salt Meadow P—Permit Required|
|AA—Adjacent Area NA—Not Applicable|
|Uses||Area and Use Categories|
|FM, IM, HM||SM, LZ||AA|
|1.||The continuance of lawfully existing uses (including but not limited to residential, commercial, industrial, agricultural, recreational and public use) and the continuance of all activities normally and directly associated with any such use, where such continuance does not involve expansion or significant alteration of the existing use.||NPN||NPN||NPN|
|2.||Activities of the department of health or of units of local government with respect to public health, when conducted in conformance with section 25-0401 of the Act.||NPN||NPN||NPN|
|3.||Activities subject to the review jurisdiction of the public service commission or the state board on electric generation siting and the environment under article seven or article eight of the public service law, respectively. The standards and restrictions of this Part will be applied by said bodies in determining whether to issue a certificate of environmental compatibility and public need under such articles.||NPN||NPN||NPN|
|4.||Establishing scenic, historic, wildlife and scientific preserves, without any material alteration of the area involved.||NPN||NPN||NPN|
|5.||Boating, hiking, swimming, camping, picnicking and other similar non-motorized forms of outdoor activity.||NPN||NPN||NPN|
|6.||Depositing or removing the natural products of a tidal wetland (or adjacent area) in the process of recreational or commercial fishing, shellfishing, aquaculture, hunting or trapping, including the erection and maintenance of temporary hides or blinds.||NPN||NPN||NPN|
|7.||Conducting educational and research activities not involving any material alteration of the area involved.||NPN||NPN||NPN|
|8.||Establishing walking trails without material alteration of the area involved.||NPN||NPN||NPN|
|10.||Establishing recreational moorings.||NPN||NPN||NPN|
|11.||Operation of motor vehicles, including but not limited to air boats and other all-terrain vehicles, for educational or scientific research purposes (provided this item shall not include operation of aircraft or mechanically propelled vessels, other than air boats).||GCp||GCp||NPN|
|12.||Operation of motor vehicles, including but not limited to air boats and other all-terrain vehicles, for other than educational or scientific purposes (provided this item shall not include the use of aircraft or mechanically propelled vessels other than air boats).||PIp||GCp||NPN|
|13.||Operation of aircraft or mechanically propelled vessels other than air boats.||NPN||NPN||NPN|
|14.||Constructing one open pile catwalk and/or dock not greater than four feet in width for any principal building.||GCp||GCp||GCp|
|15.||Constructing open pile catwalks and docks more than four feet in width; or constructing more than one open pile catwalk and/or dock not greater than four feet in width for any principal building.||PIp||GCp||GCp|
|16.||Installing a floating dock(s) totalling less than 200 square feet in area.||GCp||NPN||NPN|
|17.||Installing a floating dock(s) totalling 200 square feet or more in area.||PIp||GCp||GCp|
|18.||Relocation or rearrangement of floating docks, open pile docks, and similar structures within an established marina or boat basin where such activities involve no disturbance of a tidal wetland other than removing or relocating anchors or pilings.||PIp||NPN||NPN|
|19.||Constructing solid fill docks.||PIp||PIp||GCp|
|20.||Permanent or seasonal mooring of any vessel or structure to be used as a single family dwelling, multiple family dwelling, commercial use building, industrial use building or public or semi-public building.||PIp||GCp||GCp|
|21.||Ordinary maintenance and repair (not involving expansion or substantial restoration, reconstruction or modification) of existing functional structures, facilities, or improved areas, including but not limited to bridges, roads, highways, railroad beds, bulkheads, docks, beaches, piers, wharves, pilings, dolphins, buildings, landscaped or paved areas, lawns, and agricultural and mosquito control ditches,—including for example, replacing broken boards in docks, repainting structures, redriving pilings, resurfacing paved areas, installing or removing lawful structures on a seasonal basis.||NPN||NPN||NPN|
|22.||In-kind and in-place replacement of existing functional bulkheads and similar structures.||GCp||GCp||GCp|
|23.||Routine beach regrading and cleaning, both above and below mean high water mark.||PIp||NPN||NPN|
|24.||Substantial restoration or reconstruction, of existing functional structures or facilities of any kind, except for those covered by items 22 and 26, (provided, where the installation of a new structure or facility is listed in this subdivision as NPN for a particular type of area, the substantial restoration or reconstruction of such a structure or facility on that area shall be treated in the same manner as the installation of such a new structure or facility).||GCp||GCp||GCp|
|25.||Expansion or substantial modification of existing functional facilities and structures, except for those actions covered by items 26, 33, 34 or 38 (provided where the installation of a new structure or facility is listed in this subdivision as NPN or GCp, the expansion or substantial modification of such a structure or facility shall be treated in the same manner in that area).||PIp||GCp||GCp|
|26.||Substantial restoration, reconstruction, modification or expansion of existing functional residential structures which are and will continue to be located 75 feet or more (or 30 feet or more in New York City) from the most landward edge of any tidal wetland.||NA||NA||NPN|
|29.||Construction of groins, bulkheads and other shoreline stabilization structures.||PIp||GCp||GCp|
|31.||Disposal of dredged material.||I||PIp||GCp|
|32.||Construction of berms.||PIp||PIp||GCp|
|33.||Construction or substantial modification of mosquito control ditches.||GCp||GCp||GCp|
|34.||Construction or substantial modification of drainage ditches for other than agricultural or mosquito control purposes.||PIp||PIp||GCp|
|35.||Cultivating and harvesting naturally occurring agricultural and horticultural products, other than activities covered by items 36 and 37 below.||NPN||NPN||NPN|
|36.||Manual harvesting of salt hay.||NPN||NA||NA|
|37.||Harvesting of salt hay by mechanical equipment.||GCp||NA||NA|
|38.||Substantial modification of existing agricultural ditches.||GCp||GCp||GCp|
|39.||New agricultural activities not covered by items 35-38.||PIp||PIp||GCp|
|40.||Connection of electric, gas, sewer, water, telephone or other utilities from an existing distribution utility facility to an existing structure.||GCp||GCp||NPN|
|41.||Installation of underground electric, sewer, water, or other utilities where such installation will involve restoration of existing ground elevation, other than activities covered by item 40.||GCp||GCp||GCp|
|42.||Installation of electric, gas, sewer, water or other utilities, other than activities covered by items 40 or 41.||PIp||PIp||GCp|
|43.||Installation of a dry well, retention basin, filter, open swale or pond.||PIp||PIp||GCp|
|44.||New discharge of any pollutant requiring a SPDES permit pursuant to the environmental conservation law and complying with the requirements for the issuance of such a permit.||P||P||P|
|45.||Installation of a sewage disposal septic tank, cesspool, leach field or seepage pit and discharge of any pollutant into such facilities not requiring a SPDES permit pursuant to article 17 of the environmental conservation law.||PIp||PIp||GCp|
|46.||Construction of single family dwellings and multiple family dwellings.||PIp||PIp||GCp|
|47.||Construction of commercial and industrial use facilities requiring water access and public and semi-public buildings requiring water access; and undertaking commercial and industrial use activities requiring water access.||PIp||PIp||GCp|
|48.||Construction of commercial and industrial use facilities not requiring water access and public or semi-public buildings not requiring water access; and undertaking commercial and industrial use activities not requiring water access.||PIp||PIp||PIp|
|49.||Construction of accessory structures or facilities for any use listed in items 46 and 47, other than accessory structures or facilities covered by item 50 or covered specifically in this list.||PIp||PIp||GCp|
|50.||Construction of accessory structures or facilities for existing residential structures where such accessory structures or facilities are and will continue to be in full compliance with the development restrictions of this Part.||NA||NA||NPN|
|51.||Construction of accessory structure or facilities for any use listed in item 48.||PIp||PIp||PIp|
|52.||Disposal of any chemical, petrochemical or other toxic material, including any pesticide.||I||I||I|
|53.||The use or application of any chemical, petrochemical or other toxic material, including any pesticide, where not authorized by law.||I||I||I|
|54.||The storage of any chemical, petrochemical or other toxic material, including any pesticide, for wholesale purposes or for purposes of distribution to persons other than the ultimate user of such materials.||I||I||PIp|
|55.||The use or application of any chemical, petrochemical or other toxic material, including any pesticide, where otherwise authorized by law, or the storage of any such material for purposes other than wholesaling or distribution to persons other than the ultimate users of such materials.||NPN||NPN||NPN|
|56.||Disposal of solid wastes as defined in section 27-0501 of the environmental conservation law.||I||I||PIp|
|57.||Any type of regulated activity not specifically listed in this chart and any subdivision of land.||P||P||P|
(c) Formerly connected tidal wetlands.
For formerly connected tidal wetlands, uses not requiring a permit, generally compatible uses, presumptively incompatible uses and incompatible uses shall be deemed to be the same respectively as the type of wetland which a particular formerly connected tidal wetland most closely resembles.
(d) Uses not specifically listed in subdivision (b).
For any regulated activity covered by item 57 in subdivision (b) of this section, the regional permit administrator shall on a case-by-case basis classify such cases as GCp, PIp, or I under subdivision (b) of this section, utilizing the listed items as a guideline for such classification.
6 CRR-NY 661.5
Current through September 30, 2021
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