§ 15-0503 — Protection of water bodies; permit

§ 15-0503. Protection of water bodies; permit.\n 1. Except as provided in subdivision 3 of this section\n a. No dam shall be erected, constructed, reconstructed or repaired by\nany person or local public corporation without a permit issued pursuant\nto subdivision 2 of this section. As used in this section, and section\n15-0511 of this title, "dam" means any artificial barrier including any\nearthen barrier, together with its appurtenant works, which impounds or\nwill impound waters, provided it has (1) a height equal to or greater\nthan fifteen feet or (2) a maximum impoundment capacity equal to or\ngreater than three million gallons; except that for purposes of this\nsection a dam shall not include any structure which has (i) a height\nequal to or less than six feet regardless of the structure's impoundment\ncapacity, or (ii) an impoundment capacity not exceeding one million\ngallons regardless of the structure's height.\n b. Except where a lease or other appropriate conveyance of an interest\nauthorizing the use and occupancy of state-owned lands underwater has\nbeen obtained from the commissioner of general services pursuant to\nsubdivision seven of section seventy-five of the public lands law, no\ndock, wharf, platform, breakwater, mooring, or other structure in, on or\nabove waters shall be erected, placed, constructed, reconstructed, or\nexpanded after the effective date of this paragraph by any person or\nlocal public corporation without a permit issued pursuant to subdivision\n2 of this section. The term "reconstructed" as used in relation to\ndocks, wharves, platforms, breakwaters, mooring or other structures\npursuant to this paragraph shall mean the substantial rebuilding of\nstructures or facilities and shall not apply to ordinary maintenance or\nrepair of existing functional structures or facilities, such as\nrepainting, redriving pilings or replacing broken boards in docks.\n c. A city, town, village or county may submit to the commissioner a\nlocal law or ordinance regulating docks or other structures as described\nin paragraph b of this subdivision. The commissioner shall review such\nlaw or ordinance to determine whether it provides environmental\nprotection comparable to, or greater than, the provisions of such\nparagraph and any regulations promulgated thereunder. If the\ncommissioner determines that the local law or ordinance submitted meets\nsuch requirements, the commissioner may delegate, upon such terms and\nconditions as he or she deems appropriate, to the local government the\nauthority to administer the permit program and to charge a fee for\npermit processing. Any delegation may be revoked by the commissioner if\nhe or she finds that the local government has failed to carry out the\nprogram in accordance with the terms of the delegation.\n 2. Permits. a. Before granting a permit, a permit renewal or a permit\nmodification pursuant to this section, the department shall ascertain\nthe probable effect on the health, safety and welfare of the people of\nthe state, and the effect on the natural resources of the state likely\nto result from the proposed project or work.\n b. The department shall review the permit application or request for\nrenewal or modification of an existing permit and may approve the manner\nand extent to which the waters of the state or the banks and shore\nthereof will be affected by the proposed project or work and may grant\nor deny the permit or request, or may grant the permit or request with\nsuch conditions as might appear necessary to safeguard life, property\nand natural resources during and after the execution of the proposed\nproject or work.\n c. The rules and regulations adopted by the commissioner to implement\nthis section and the provisions of article 70 of this chapter and rules\nand regulations adopted thereunder shall govern permit applications,\nrenewals, modifications, suspensions and revocations under this section.\n d. The requirements of this section shall be in addition to those\nspecified in sections 15-0501 and 15-0505 of this title, provided\nhowever, that the department may, by rule and regulation, provide that\nonly one application for a permit or request for renewal or modification\nof an existing permit need be filed when the proposed project or work\nrequires a department permit under this section and any other section of\nthis title.\n 3. The requirement of a permit pursuant to this section shall not\napply to the following facilities:\n a. A dock, pier, wharf or other structure used solely as a landing\nplace on water providing dockage for five or fewer boats and\nencompassing within its outer perimeter an area less than four thousand\nsquare feet;\n b. A mooring facility providing mooring for fewer than ten boats;\n c. Seasonal replacement or reinstallation of structures referenced and\nlisted in paragraph b of subdivision 1 of this section installed prior\nto the effective date of this paragraph.\n 4. The design, preparation of plans, estimates and specifications and\nthe supervision of the erection, construction, reconstruction and repair\nof all the structures hereinbefore referred to shall be done by a\nlicensed professional engineer, or in the case of farm ponds for which a\npermit is required, by an engineer or conservationist employed by a\ngovernmental agency cooperating with a soil conservation district, or by\nan engineer employed by the department.\n 5. Notwithstanding the provisions of this or any other chapter or law\nto the contrary, no reservoirs for any purpose shall hereafter be\nconstructed on the Upper Hudson River in the Adirondack park between\nLuzerne and the river's source; the Boreas river from its mouth to\nDurgin Brook; the Indian river from its mouth to Abanakee Dam; and the\nCedar river from its mouth to Cedar River Flow, by the state or by any\nriver regulating board.\n