N.Y. Comp. Codes R. & Regs. tit. 9 § 572.19

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

Section 572.19 - Amendment of permits

(a) The holder of an agency permit which has not expired may file with the agency a written request for amendment. Such requests shall be governed by section 809(8)(b) of the Adirondack Park Agency Act and this section.

(b) The deputy director-regulatory programs shall have authority to determine whether a request to amend a permit involves a material change as defined in section 809(8)(b)(1) of the act, and to issue an amended permit for, or deny, those requests that do not involve a material change. The deputy director-regulatory programs may require additional information pertaining to any amendment request, and the statutory 15-day decision period for non-material amendment requests shall not begin to run until such information has been provided.

(c) Any request to amend a permit which may involve a material change shall be treated as an application for a new permit pursuant to section 809(8)(b)(2) of the act, except that a request to amend a condition of a permit without any change in the project proposal, applicable law or environmental conditions or technology may be treated by the agency as an appeal and governed by section 572.22 of this Part. In the case of a request which is treated as a new application, the parties to any public hearing previously held on the project or variance shall be notified of such request.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 572.19