6 CRR-NY 665.5NY-CRR
STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
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
6 CRR-NY 665.5
6 CRR-NY 665.5
665.5 Standards for technical and administrative capability.
(a) Standards for technical capability.
(1) A local government's freshwater wetlands protection program must be no less protective than the policy and procedures contained in the act and this Part. Permit applications must be reviewed by a person(s) with training and experience adequate to:
(i) consider the effects of specific proposals on the functioning and benefits of the specific wetland(s) affected as specified in subdivision 24-0105.7 of the act;
(ii) determine whether the proposed use is consistent with applicable minimum land-use regulations weighed against standards for permit issuance applied to a wetland's classification pursuant to section 665.7 of this Part;
(iii) assess an applicant's proposals to enhance, mitigate or compensate for existing wetlands benefits;
(iv) prepare and/or grant, deny or condition a permit; and
(v) enter his/her findings and supporting rationale in the public record.
(2) Suitable qualifications include either a bachelor degree in wildlife management, fisheries management, forestry, ecology, hydrology or a closely related field; an associate degree in one of the above fields and two years' full-time experience in work closely associated with wetlands protection; and any other training and experience which assures a technical knowledge of wetlands and their functions and benefits sufficient to perform the tasks identified in paragraph (1) of this subdivision.
(b) Standards for administrative capability.
A local government must have the administrative capability to effectively and efficiently implement a local freshwater wetlands protection program. It must:
(1) make adequate provision for public scrutiny and participation in the permitting process;
(2) comply with all procedural requirements contained in section 24-0703 of the act;
(3) follow a clearly identifiable step-by-step process by which action will be taken on permit applications;
(4) ensure that records will be subsequently maintained and compliance will be monitored and enforced; and
(5) establish reasonable time frames within which action will be taken and decisions rendered consistent with sections 24-0703 and 24-0705 of the act.
6 CRR-NY 665.5
Current through March 15, 2023
| End of Document |