§ 34-0109 — Administration; applications for permits

New York § 34-0109

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Art. 34: Coastal Erosion Hazard Areas

Text

§ 34-0109. Administration; applications for permits.\n 1. Applicability. (a) Where the commissioner has, pursuant to\nsubdivision one of section 34-0107 of this article, issued regulations\nwhich apply the minimum standards promulgated pursuant to section\n34-0108 of this article to activities or development within any erosion\nhazard area, any person proposing to undertake activities or development\nsubject to such regulations shall obtain a permit as provided in this\nsection.\n (b) A proposed activity or development in an erosion hazard area shall\nbe deemed an action that is likely to require the preparation of an\nenvironmental impact statement pursuant to subparagraph (i) of paragraph\n(c) of subdivision two of section 8-0113 of this chapter.\n 2. Applications for permits. (a) An application for a permit shall be\nsubmitted in such form and manner as the commissioner may prescribe, and\nshall contain a detailed description of the proposed development which\nis sufficient to enable the commissioner to make the findings and\ndeterminations required by this section.\n (b) Review by the commissioner of applications for permits pursuant to\nthis section shall be governed by the provisions of article seventy of\nthis chapter.\n 3. Decision. (a) No permit shall be granted pursuant to this section\nunless the commissioner shall find that the proposed activity complies\nwith the minimum standards promulgated pursuant to section 34-0108 of\nthis article as such standards are applied to the affected erosion\nhazard area by the regulations issued by the commissioner pursuant to\nsection 34-0107 of this article.\n (b) In granting a permit, the commissioner may limit such permit or\nimpose reasonable conditions or limitations designed to carry out the\npublic policy set forth in this article. Upon a finding that the\napplicant has a record of non-compliance with the terms and conditions\nof permits, the commissioner may require a bond or other form of\nfinancial security in amount and with surety and conditions satisfactory\nto him to secure compliance with the terms, conditions and limitations\nset forth in the permit. The commissioner may suspend or revoke a permit\nif he finds that the applicant has not complied with any of the terms,\nconditions or limitations set forth in the permit.\n