N.Y. Comp. Codes R. & Regs. tit. 9 § 577.4

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

Section 577.4 - General rules

(a) No person shall undertake a rivers project without first obtaining an agency permit.

(b) The following may be undertaken without a permit if in compliance with the restrictions and standards set forth in section 577.6 of this Part:

(1) in all river areas, forest management except:

(i) wood roads within wild river areas, or bridges over wild rivers;

(ii) wood roads inside or within 100 feet of the mean high water mark of the river in scenic and recreational river areas;

(iii) vegetative cutting inside or within 100 feet of the mean high water mark of the river not exempted by section 577.6(c)(1) of this Part; and

(iv) sand and gravel extractions for forest management purposes in wild river areas;

(2) in wild river areas, nonmotorized open space recreation uses, except bridges over wild rivers which do not require a permit from the Department of Environmental Conservation;

(3) in scenic and recreational river areas:

(i) all subdivisions of land, and all land use and development, within hamlet and moderate intensity use areas, except as provided in subdivisions (b) and (c) of section 577.5 of this Part;

(ii) agricultural uses, agricultural use structures, open space recreation uses, game preserves and private parks and accessory uses and structures to such uses or to any preexisting use, except bridges over scenic or recreational rivers which do not require a permit from the Department of Environmental Conservation, docks in scenic river areas and boathouses in scenic and recreational river areas;

(iii) bridges which are constructed pursuant to a permit from the Department of Environmental Conservation;

(iv) stream improvement structures for fishery management purposes constructed by or pursuant to a permit from the Department of Environmental Conservation;

(v) river area utility uses:

(a) subject to the review of the Public Service Commission pursuant to article seven or article eight of the Public Service Law; or

(b) which are not major public utility uses and which will not be located within the applicable building setback distance set forth in section 577.6(b) of this Part.

(c) Any other new land use or development or subdivision, except those permitted by subdivisions (a) and (b) of this section, is prohibited, unless undertaken pursuant to a river system land management plan approved under section 577.9 of this Part.

(d) To the extent applicable and unless in conflict with the Wild, Scenic and Recreational Rivers System Act or this Part, Part 573 and sections 575.2 through 575.7 of these regulations, which apply to agency jurisdiction pursuant to the Adirondack Park Agency Act, shall also apply to agency jurisdiction pursuant to this Part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 577.4