N.Y. Environmental Conservation Law § 34-0109: Administration; applications for permits

§ 34-0109. Administration; applications for permits.

1. Applicability. (a) Where the commissioner has, pursuant to

subdivision one of section 34-0107 of this article, issued regulations

which apply the minimum standards promulgated pursuant to section

34-0108 of this article to activities or development within any erosion

hazard area, any person proposing to undertake activities or development

subject to such regulations shall obtain a permit as provided in this

section.

(b) A proposed activity or development in an erosion hazard area shall

be deemed an action that is likely to require the preparation of an

environmental impact statement pursuant to subparagraph (i) of paragraph

(c) of subdivision two of section 8-0113 of this chapter.

2. Applications for permits. (a) An application for a permit shall be

submitted in such form and manner as the commissioner may prescribe, and

shall contain a detailed description of the proposed development which

is sufficient to enable the commissioner to make the findings and

determinations required by this section.

(b) Review by the commissioner of applications for permits pursuant to

this section shall be governed by the provisions of article seventy of

this chapter.

3. Decision. (a) No permit shall be granted pursuant to this section

unless the commissioner shall find that the proposed activity complies

with the minimum standards promulgated pursuant to section 34-0108 of

this article as such standards are applied to the affected erosion

hazard area by the regulations issued by the commissioner pursuant to

section 34-0107 of this article.

(b) In granting a permit, the commissioner may limit such permit or

impose reasonable conditions or limitations designed to carry out the

public policy set forth in this article. Upon a finding that the

applicant has a record of non-compliance with the terms and conditions

of permits, the commissioner may require a bond or other form of

financial security in amount and with surety and conditions satisfactory

to him to secure compliance with the terms, conditions and limitations

set forth in the permit. The commissioner may suspend or revoke a permit

if he finds that the applicant has not complied with any of the terms,

conditions or limitations set forth in the permit.