N.Y. Environmental Conservation Law § 15-0503: Protection of water bodies; permit

§ 15-0503. Protection of water bodies; permit.

1. Except as provided in subdivision 3 of this section

a. No dam shall be erected, constructed, reconstructed or repaired by

any person or local public corporation without a permit issued pursuant

to subdivision 2 of this section. As used in this section, and section

15-0511 of this title, "dam" means any artificial barrier including any

earthen barrier, together with its appurtenant works, which impounds or

will impound waters, provided it has (1) a height equal to or greater

than fifteen feet or (2) a maximum impoundment capacity equal to or

greater than three million gallons; except that for purposes of this

section a dam shall not include any structure which has (i) a height

equal to or less than six feet regardless of the structure's impoundment

capacity, or (ii) an impoundment capacity not exceeding one million

gallons regardless of the structure's height.

b. Except where a lease or other appropriate conveyance of an interest

authorizing the use and occupancy of state-owned lands underwater has

been obtained from the commissioner of general services pursuant to

subdivision seven of section seventy-five of the public lands law, no

dock, wharf, platform, breakwater, mooring, or other structure in, on or

above waters shall be erected, placed, constructed, reconstructed, or

expanded after the effective date of this paragraph by any person or

local public corporation without a permit issued pursuant to subdivision

2 of this section. The term "reconstructed" as used in relation to

docks, wharves, platforms, breakwaters, mooring or other structures

pursuant to this paragraph shall mean the substantial rebuilding of

structures or facilities and shall not apply to ordinary maintenance or

repair of existing functional structures or facilities, such as

repainting, redriving pilings or replacing broken boards in docks.

c. A city, town, village or county may submit to the commissioner a

local law or ordinance regulating docks or other structures as described

in paragraph b of this subdivision. The commissioner shall review such

law or ordinance to determine whether it provides environmental

protection comparable to, or greater than, the provisions of such

paragraph and any regulations promulgated thereunder. If the

commissioner determines that the local law or ordinance submitted meets

such requirements, the commissioner may delegate, upon such terms and

conditions as he or she deems appropriate, to the local government the

authority to administer the permit program and to charge a fee for

permit processing. Any delegation may be revoked by the commissioner if

he or she finds that the local government has failed to carry out the

program in accordance with the terms of the delegation.

2. Permits. a. Before granting a permit, a permit renewal or a permit

modification pursuant to this section, the department shall ascertain

the probable effect on the health, safety and welfare of the people of

the state, and the effect on the natural resources of the state likely

to result from the proposed project or work.

b. The department shall review the permit application or request for

renewal or modification of an existing permit and may approve the manner

and extent to which the waters of the state or the banks and shore

thereof will be affected by the proposed project or work and may grant

or deny the permit or request, or may grant the permit or request with

such conditions as might appear necessary to safeguard life, property

and natural resources during and after the execution of the proposed

project or work.

c. The rules and regulations adopted by the commissioner to implement

this section and the provisions of article 70 of this chapter and rules

and regulations adopted thereunder shall govern permit applications,

renewals, modifications, suspensions and revocations under this section.

d. The requirements of this section shall be in addition to those

specified in sections 15-0501 and 15-0505 of this title, provided

however, that the department may, by rule and regulation, provide that

only one application for a permit or request for renewal or modification

of an existing permit need be filed when the proposed project or work

requires a department permit under this section and any other section of

this title.

3. The requirement of a permit pursuant to this section shall not

apply to the following facilities:

a. A dock, pier, wharf or other structure used solely as a landing

place on water providing dockage for five or fewer boats and

encompassing within its outer perimeter an area less than four thousand

square feet;

b. A mooring facility providing mooring for fewer than ten boats;

c. Seasonal replacement or reinstallation of structures referenced and

listed in paragraph b of subdivision 1 of this section installed prior

to the effective date of this paragraph.

4. The design, preparation of plans, estimates and specifications and

the supervision of the erection, construction, reconstruction and repair

of all the structures hereinbefore referred to shall be done by a

licensed professional engineer, or in the case of farm ponds for which a

permit is required, by an engineer or conservationist employed by a

governmental agency cooperating with a soil conservation district, or by

an engineer employed by the department.

5. Notwithstanding the provisions of this or any other chapter or law

to the contrary, no reservoirs for any purpose shall hereafter be

constructed on the Upper Hudson River in the Adirondack park between

Luzerne and the river's source; the Boreas river from its mouth to

Durgin Brook; the Indian river from its mouth to Abanakee Dam; and the

Cedar river from its mouth to Cedar River Flow, by the state or by any

river regulating board.