N.Y. Comp. Codes R. & Regs. tit. 6 § 663.6

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

Section 663.6 - Continuance of interim permits; pending applications

At the time of this Part becomes effective in a particular area, some persons in that area will have already obtained wetlands interim permits or will have applied for them in accordance with the department's freshwater wetlands interim permit regulations (Part 662 of this Title).

(a) A person who has already obtained an interim permit for a particular project may rely on it, and need not obtain any additional permit or letter of permission under this Part, except as described in subdivision (b) of this section. If the project for which the permit was issued is located in a village, town, city or county which has adopted a local law or ordinance and is implementing the act in accordance with section 24-0501 of the act and Part 665 of this Title, no additional permit for the project will be required under that local legislation, but the commissioner will forward to the local government a copy of the interim permit.

(b) Upon receipt of an application for renewal or extension of an interim permit, the department may, as per section 621.11 of this Title, treat such a renewal or extension as a new application under Part 663. Furthermore, the department may modify, suspend or revoke such an interim permit pursuant to section 621.13 of this Title.

(c) If an application for an interim permit has been submitted for a proposed project and a decision on that application has not been made at the time this Part becomes effective, the department will retain regulatory jurisdiction over that application and will treat the application as an application for a permit or letter of permission under this Part. Accordingly, additional information may then be required in order to comply with this Part.

(d) If the proposed project described in subdivision (b) or (c) of this section is located in a village, town, city or county which has assumed regulatory authority pursuant to section 24-0501 of the act and Part 665 of this Title, the department staff will consult with the local government prior to making a decision on the application.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 663.6