N.Y. Comp. Codes R. & Regs. Tit. 9 § 578.10 - Issuance of permits

(a) Unless the economic, social and other benefits to be derived from the activity proposed compel a departure from these guidelines, the agency shall not issue a permit for regulated activities in the following wetlands unless the findings set forth below are made.

(1) Wetlands rated1. The proposed activity:

(i) would be compatible with preservation of the entire wetland; and

(ii) would not result in degradation or loss of any part of the wetland or its associated values.

(2) Wetlands rated 2. The proposed activity:

(i) would result in minimal degradation or destruction of the wetland or its associated values; and

(ii) is the only alternative which reasonably can accomplish the applicant's objectives; or

(iii) alternatively to subparagraph (ii), is the only alternative which provides an essential public benefit.

(3) Wetlands rated 3. The proposed activity:

(i) would result in the minimum possible degradation or destruction of any part of the wetland or its associated values;

(ii) is the only alternative which reasonably can accomplish the applicant's objectives; and

(iii) would, weighing the benefits of the activity against its cost and the wetland values lost, provide a net social and/or economic gain to the community.

(4) Wetlands rated 4. The proposed activity is the only alternative which reasonably can accomplish the applicant's objectives.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 9 § 578.10