N.Y. Comp. Codes R. & Regs. tit. 6 § 608.2

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

Section 608.2 - Disturbance of protected streams

(a) Permit required. Except as provided in subdivision (b) of this section, no person or local public corporation may change, modify or disturb any protected stream, its bed or banks, nor remove from its bed or banks sand, gravel or other material, without a permit issued pursuant to this Part.

(b) Exceptions. The requirement of a permit pursuant to subdivision (a) of this section does not apply to the following:

(1) a local public corporation that has entered into a written memorandum of understanding with the department establishing the plan of operation that will be followed in conducting any activity described in subdivision (a) of this section that will afford proper protection to the public beneficial uses of protected streams and navigable waters of the State; or

(2) any person actively cultivating land devoted to agriculture, whether or not such land is along a protected stream, provided that this exception shall be limited to agricultural activities consisting only of the crossing and recrossing of a protected stream by livestock or wheeled farming equipment normally used for traditional agricultural purposes or of withdrawing irrigation water in a manner which does not otherwise alter the stream.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 608.2