N.Y. Comp. Codes R. & Regs. tit. 6 § 505.10

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

Section 505.10 - Appeal of erosion hazard area designation

(a) Any person who owns real property within a designated erosion hazard area may appeal that designation.

(b) Erosion hazard area designation appeals may be made after the coastal erosion hazard area map(s) including the subject lands has been filed with the clerk(s) of each local government within the boundaries of which the subject lands are located.

(c) Any person wishing to make an appeal pursuant to this section must complete an erosion hazard area designation appeal application and submit it to the department. Appeal applications are available at department regional offices and the Bureau of Flood Protection at the central office in Albany. Appeal applications are not complete until the applicant provides all necessary information and any required fees.

(d) The commissioner will decide such appeal within 30 days after receipt of a complete appeal application, and, if necessary, will adjust the erosion hazard area boundaries accordingly.

(e) The sole acceptable basis for an erosion hazard area designation appeal is technical information indicating that:

(1) the long-term average annual rate of shoreline recession was incorrectly established; or

(2) the subject area was erroneously identified as a natural protective feature area.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 505.10