N.Y. Comp. Codes R. & Regs. tit. 6 § 664.2

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

Section 664.2 - Definitions

(a) Act means the Freshwater Wetlands Act (article 24 and title 23 of article 71 of the Environmental Conservation Law).

(b) Adjacent area means those areas of land or water that are outside a wetland and within 100 feet (approximately 30 meters), measured horizontally, of the boundary of the wetland. However, an adjacent area broader than 100 feet (approximately 30 meters) may be established where necessary to protect and preserve the wetland, as set forth in section 664.7 of this Part.

(c) Boundary of a wetland means the outer limit of the vegetation specified in paragraphs (a) and (b) of subdivision 1 of section 24-0107 of the act and of the lands and waters specified in paragraphs (c) and (d) of such subdivision.

(d) Commissioner means the Commissioner of the Department of Environmental Conservation or a duly authorized representative.

(e) Department means the Department of Environmental Conservation.

(f) Freshwater wetland or wetland means lands and waters of the State which meet the definition provided in section 24-0107(1) of the act and have an area of at least 12.4 acres (approximately 5 hectares) or, if smaller, have unusual local importance as determined by the commissioner pursuant to section 24- 0301(1) of the act.

(g) Freshwater wetlands map or map means a final freshwater wetlands map promulgated by the commissioner pursuant to section 24-0301(5) of the act, or such a map that has been amended or adjusted pursuant to section 664.7 of this Part, on which are indicated the approximate location of the actual boundaries of wetlands.

(h) Local government means a village, town, city or county.

(i) Permit means the written approval, issued by the commissioner or a local government, where required for the conducting of a regulated activity in a wetland or adjacent area, in accordance with title 7 of the act.

(j) Person means any corporation, firm, partnership, association, trust, estate, one or more individuals, or any unit of Federal, State or local government, or any agency or subdivision thereof, including any State department, bureau, commission, board or other agency, public authority or public benefit corporation.

(k) Pollution means the presence in the environment of human-induced conditions or contaminants in quantities or characteristics which are or may be injurious to human, plant or animal life or to property.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 664.2