N.Y. Comp. Codes R. & Regs. tit. 6 § 662.4

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

Section 662.4 - Determination of wetlands subject to regulation

(a) Any person may inquire of the department as to whether or not a particular parcel of land includes all or part of a freshwater wetland that is 12.4 acres or more in size and therefore is subject to regulation under this Part.

(b) Any person may request the commissioner to determine whether a parcel that meets the definition of a freshwater wetland, but is less than 12.4 acres in size, has unusual local importance for one or more of the specific benefits listed in subdivision 24-0105.7 of the act, and is therefore subject to regulation under this Part.

(c) Each inquiry or request under subdivision (a) or (b) of this section should be directed to the appropriate regional permit administrator. It must be in writing and must, at a minimum, contain a description of the location of the parcel in question, the reason for the inquiry or request, and a list of all landowners of the parcel, as shown on the latest completed tax assessment rolls. In addition, a request under subdivision (b) should contain a description of the unusual nature of the wetland benefit(s) derived from the area.

(d) Department responses to inquiries or requests.

(1) The department must respond within 30 days of receipt of a complete inquiry or request by giving a written answer to the inquirer or requestor, the affected landowners, and the chief administrative officer(s) of the local government(s) within which the parcel is located, as to whether or not the parcel contains a freshwater wetland subject to regulation under this Part.

(2) If the department's answer is affirmative, the response must contain a general indication of the wetland's boundary and the types and location of wetland vegetation found within that boundary.

(3) In the case of an inquiry under subdivision (a) of this section: if the parcel itself does not encompass 12.4 acres of wetland, but contains part of a wetland of at least 12.4 acres, the department must so indicate in its response, giving a general indication of the location and types of wetland vegetation that make up at least 12.4 acres of wetland.

(4) In the case of a request under subdivision (b) of this section: if the department's answer is affirmative, the response must contain the reason for the department's decision that the wetland has unusual local importance and is therefore subject to regulation.

(5) In the event that weather or ground conditions prevent the department from making a determination within 30 days, it may extend such period until a determination can be made.

(e) All determinations made under this section will be on file at the appropriate regional office of the department.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 662.4