N.Y. Environmental Conservation Law § 15-0505: Protection of navigable waters; excavation or fill; permit

§ 15-0505. Protection of navigable waters; excavation or fill; permit.

1. No person, local public corporation or interstate authority shall

excavate or place fill below the mean high water level in any of the

navigable waters of the state, or in marshes, estuaries, tidal marshes

and wetlands that are adjacent to and contiguous at any point to any of

the navigable waters of the state and that are inundated at mean high

water level or tide, without a permit issued pursuant to subdivision 3

of this section. For the purposes of this section, fill shall include,

but shall not be limited to, earth, clay, silt, sand, gravel, stone,

rock, shale, concrete (whole or fragmentary), ashes, cinders, slag,

metal, or any other similar material whether or not enclosed or

contained by (1) crib work of wood, timber, logs, concrete or metal, (2)

bulkheads and cofferdams of timber sheeting, bracing and piling or steel

sheet piling or steel H piling, separated or in combination. Nothing

contained in this section is intended to be, nor shall be construed to

limit, impair or affect the memorandum of understanding which any state

department enters into with the Department of Environmental Conservation

or the general powers and duties of the Department of Transportation

relating to canals or the general powers and duties of the Department of

Environmental Conservation relating to flood control.

2. A permit application or request for a permit renewal or

modification shall be made on forms provided by the department and shall

consist of a description of the character and extent of the proposed

project or work, drawings, plans and specifications providing the

location and details of the proposed project or work, and such

additional information as the department may require.

3. Before granting a permit, a permit renewal or a permit modification

pursuant to this section the department shall ascertain the probable

effect on the use of such waters for navigation, the health, safety and

welfare of the people of the state and the effect on the natural

resources of the state, including soil, forests, water, fish and aquatic

resources therein, likely to result from the proposed project or work.

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

renewal or modification of an existing permit and may grant or deny the

permit or request, or may grant the permit with such conditions as will

safeguard life or property against danger or destruction and as will

make the navigable waters safe for use by the public.

5. The rules and regulations adopted by the department to implement

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

and regulations adopted thereunder shall govern the processing of permit

applications, renewals, modifications, suspensions and revocations under

this section.

6. The provisions of subdivisions 1, 2, 3 and 4 of this section shall

not apply to emergency work in waters described in subdivision 1 of this

section which is immediately necessary to protect the health, safety and

well-being of any person or persons or to prevent damage to personal or

real property, provided that the department is given written

notification by registered mail or telegraph within forty-eight hours

after the commencement of the work and within forty-eight hours

following the completion of the work. Whenever such emergency work is

performed as provided in this subdivision, it shall be performed in a

manner that will cause the least change, modification, disturbance or

damage to the environment.

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

specified in section 15-0501 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 section 15-0501 of this

title.