9 CRR-NY 578.10NY-CRR
9 CRR-NY 578.10
9 CRR-NY 578.10
578.10 Issuance of permits.
(a) Unless the economic, social and other benefits to be derived from the activity proposed compel a departure from these guidelines, the agency shall not issue a permit for regulated activities in the following wetlands unless the findings set forth below are made.
(1) Wetlands rated1.
The proposed activity:
(i) would be compatible with preservation of the entire wetland; and
(ii) would not result in degradation or loss of any part of the wetland or its associated values.
(2) Wetlands rated 2.
The proposed activity:
(i) would result in minimal degradation or destruction of the wetland or its associated values; and
(ii) is the only alternative which reasonably can accomplish the applicant's objectives; or
(iii) alternatively to subparagraph (ii), is the only alternative which provides an essential public benefit.
(3) Wetlands rated 3.
The proposed activity:
(i) would result in the minimum possible degradation or destruction of any part of the wetland or its associated values;
(ii) is the only alternative which reasonably can accomplish the applicant's objectives; and
(iii) would, weighing the benefits of the activity against its cost and the wetland values lost, provide a net social and/or economic gain to the community.
(4) Wetlands rated 4.
The proposed activity is the only alternative which reasonably can accomplish the applicant's objectives.
9 CRR-NY 578.10
Current through July 15, 2022
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