N.Y. Comp. Codes R. & Regs. Tit. 9 § 571.5 - General rules for determinations made pursuant to this part
(a) Requests pursuant to this Part may be
made by any person having a legal interest in the property in question,
including a landowner, tenant, mortgagee, contract vendee or optionee. The
agency will endeavor to respond to all requests, in writing, within 15 days of
receipt.
(b) The agency will be
bound by any determination made pursuant to this Part when signed by its
executive director, deputy director-regulatory programs, project administrator
or counsel, and when there has been material detrimental reliance thereon. No
binding oral determinations can be made. The agency will not be bound in the
case of misrepresentation or error in the facts or intentions stated in any
inquiry made pursuant to this Part.
(c) A letter from the agency with respect to
its permit or variance jurisdiction shall not excuse the responsible person
from obtaining any other approvals or permits required by other governmental
agencies, such as the Department of Environmental Conservation, Department of
Health, or local governments.
(d) A
determination made pursuant to subdivision (b) of this section may be appealed
to the agency by the person who requested it under the procedures set forth in
section 588.2 of these
regulations.
Notes
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