N.Y. Comp. Codes R. & Regs. tit. 19 § 602.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 602.5 - Significant resource area criteria

(a) Significant coastal fish and wildlife habitat areas are those habitat areas which:

(1) exhibit to a substantial degree one or more of the following characteristics:

(i) the habitat is essential to the survival of a large portion of a particular fish or wildlife population (e.g., feeding grounds, nursery areas);

(ii) the habitat supports a species which is either endangered, threatened or of special concern as those terms are defined at 6 NYCRR Part 182;

(iii) the habitat supports fish or wildlife populations having significant commercial, recreational or educational value; or

(iv) the habitat is of a type which is not commonly found in the State or a coastal region of the State; and

(2) are to varying degrees difficult or even impossible to replace in kind.

(b) Important agricultural lands shall meet all of the following criteria:

(1) the lands have soils classified by the New York State Department of Agriculture and Markets as being within soil group 1, 2, 3 or 4 of their Land Classification System found at 1 NYCRR 370.8 (section filed February 2, 1981, effective February 2, 1981); are unique farmland as defined by the United States Department of Agriculture, Soil Conservation Service, at 7 CFR 657.5(b) (revised as of January 1, 1983; available from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402); or are within an agricultural district created pursuant to article 25AA of the Agriculture and Markets Law and actively used for agricultural purposes;

(2) the lands are located outside of any city or the County of Nassau, Westchester, Rockland or Erie;

(3) the lands are part of a parcel of at least 25 acres, or are less than one mile from an area of active farming; and

(4) the lands are located outside of any intensely developed area, as those areas are delineated on New York State Department of Transportation's 71/2- minute series quadrangle maps as filed with the New York State Department of State on July 3, 1984.

(c) Scenic areas of statewide significance shall be those areas which the Secretary, upon consideration of the following factors, determines to be of statewide aesthetic significance to the coastal area:

(1) the area exhibits, alone or in combination, the following characteristics:

(i) unusual variety of major components;

(ii) unusual unity of major components;

(iii) striking contrasts between lines, forms, textures and colors; or

(iv) an area generally free of discordant features which, due to siting, form, scale or materials, visually interrupt the overall scenic quality of the resource;

(2) the area is unique in the region or the State's coastal area;

(3) the area is visually and physically accessible to the general public; or

(4) the area is widely recognized by the general public for its visual quality.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 602.5