N.Y. Comp. Codes R. & Regs. tit. 6 § 662.6

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

Section 662.6 - Standards for the issuance of an interim permit

(a) In granting, denying, or imposing conditions on any permit, the commissioner must consider the effect of the proposed alteration with reference to the public health and welfare, wildlife resources, fishing, dangers from floods, hurricanes and storms, and protection or enhancement of the several functions and benefits of the wetlands which are listed in section 24-0105 of the act.

(b) No interim permit can be issued pursuant to this Part unless the commissioner determines that the proposed alteration:

(1) is consistent with the policy of the act to preserve, protect, and conserve freshwater wetlands and the benefits derived from them, to prevent the despoliation and destruction of freshwater wetlands, and to regulate the use and development of such wetlands in order to secure the natural benefits of freshwater wetlands, consistent with the general welfare and beneficial economic, social and agricultural development of the State;

(2) is compatible with the public health and welfare;

(3) is reasonable and necessary; and

(4) has no reasonable alternative on a site which is not a freshwater wetland or adjacent area.

(c) Duly filed notice in writing that the State, or any agency or subdivision thereof, is in the process of acquiring any wetlands by negotiation or condemnation shall be sufficient basis for denial of any permit.

(d) The department may attach conditions to permits in order to assure compliance with the act and this Part and to minimize adverse impacts on wetlands.

(e) The official record of the proceedings on the application for an interim permit will be available for inspection by any person in the appropriate regional office of the department.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 662.6