N.Y. Comp. Codes R. & Regs. tit. 6 § 663.9

Current through Register Vol. 46, No. 50, December 11, 2024

Section 663.9 - Relation to other laws

(a) No provision of this Part shall relieve any person from the obligation to comply with any other applicable Federal, State or local law or regulation. Individuals should be aware that local governments may regulate wetlands irrespective of the act and this Part.

(b) No area which is treated as a tidal wetland under Part 661 of this Title shall be deemed a freshwater wetland under this Part. However, a freshwater wetland within the adjacent area of a tidal wetland, or a tidal wetland within the adjacent area of a freshwater wetland, or an area contained within the adjacent areas of both a tidal wetland and a freshwater wetland, shall be subject to both this Part and Part 661 of this Title.

(c) All actions taken pursuant to this Part shall conform to the State Administrative Procedure Act.

(d) The system of wetlands classification upon which this Part is based and which local governments must use in administering their local freshwater wetlands protection program is presented in Part 664 of this Title. That Part, which is administered by the department, describes the benefits of wetlands cited in the act and the characteristics associated with them.

(e) Regulations governing permit administration by the department prior to promulgation of official maps are presented in Part 662 of this Title.

(f) The statewide minimum land use regulations are contained in Part 665 of this Title.

(g) The regulations governing local government assumption of jurisdiction and administration of the act pursuant to title 5 of article 24 are contained in Part 665 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 663.9