Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATIONChapter X - DIVISION OF WATER RESOURCESSubchapter A - GENERALArticle 1 - MISCELLANEOUS RULES
Part 666 - Regulation Or Administration And Management Of The Wild, Scenic And Recreational Rivers System In New York State Excepting Private Land In The Adirondack Park
Section 666.11 - Preservation of natural flow

N.Y. Comp. Codes R. & Regs. tit. 6 § 666.11

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Current through Register Vol. 46, No. 45, November 2, 2024
Section 666.11 - Preservation of natural flow
(a) Dams and waterway improvements.
(1) No dam, weir, bulkhead, riprap, diversion or other structure or modification of the waterway shall be constructed upon any river area which has been included in the State wild, scenic and recreational rivers system except stream improvement structures for fisheries management purposes as expressly authorized in section 15-2709 of the Environmental Conservation Law.
(2) New construction or new operation of hydropower facilities on wild rivers is prohibited.
(3) The department may approve permits and certifications for the installation of new hydroelectric generation facilities at existing dams on scenic and recreational rivers provided that:
(i) a run-of-river operational mode is employed;
(ii) there is no diversion of the river above or below the existing dam;
(iii) any ancillary facilities, such as access roads and transmission lines, conform with the requirements of the act, this Part and other applicable State laws and regulations; and
(iv) such dams are not on lands in the Forest Preserve, State Nature and Historic Preserve Trust, in State parks, or in State reforestation, multiple use, unique, or wildlife management areas.
(b) Natural flow.
(1) The natural flow of water in wild rivers shall be maintained and there shall be no new diversions thereof or withdrawals therefrom.
(2) Permit application reviews of proposed groundwater withdrawals which are located in the watershed of the river area and are regulated pursuant to article 15, title 15 of the Environmental Conservation Law shall include consideration of the effect of the proposed activity on streamflow and associated water table levels. Permits for groundwater withdrawals will not be issued if it is determined that such withdrawals would result in significant lowering of the water table or reduction of streamflow.
(3) Any changes in water releases from an existing water-impounding structure shall be conducted in a manner that will insure the protection, perpetuation and enhancement of riverine biota and the natural, scenic and recreational values of the designated river.
(4) All water-dependent and water-related developments or land uses, consumptive or otherwise, which are located in or upstream of a designated river segment, and which affect all or part of the flow in the designated river, will be required:
(i) to operate in a run-of-river mode; or
(ii) to maintain a downstream baseflow that will provide appropriate protection, perpetuation and enhancement of the riverine biota and the natural, scenic and recreational values of the designated river segment.
(c) Natural drainage systems, including perennial and intermittent streams, swales, and drainage ditches in an open, undisturbed condition, along with adjacent vegetated filter strips shall be maintained.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 666.11