2022 New York Laws
ENV - Environmental Conservation
Article 34 - Coastal Erosion Hazard Areas
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.