N.Y. Comp. Codes R. & Regs. tit. 6 § 660.5

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

Section 660.5 - Standards for the issuance of a moratorium permit; burden of proof

(a) The petitioner shall establish to the satisfaction of the commissioner that he will suffer a hardship if the moratorium permit is not issued. In the absence of satisfactory evidence of hardship, no moratorium permit may be issued.

(b) The basis for the issuance of a moratorium permit shall be a determination that the petitioner has established that the proposed alteration of the state of the tidal wetland is not contrary to

(1) the policy of the State to preserve and protect tidal wetlands, to prevent their despoliation and destruction and to give due consideration to the reasonable economic and social development of the State; and

(2) the provisions of the act.

The burden of proof shall be on the petitioner to establish that the proposed alteration is not contrary to such policy or provisions. In granting, denying or limiting any moratorium permit, the commissioner shall consider the compatibility of the proposed activity with reference to the public health and welfare, marine fisheries, shell-fisheries, wildlife, flood and hurricane and storm dangers and the legislative findings contained in section 1 of chapter 790 of the Laws of 1973.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 660.5