§ 15-0503. Protection of water bodies; permit.

1. Except as provided in subdivision 3 of this section

a. No dam shall be erected, constructed, reconstructed or repaired by
any person or local public corporation without a permit issued pursuant
to subdivision 2 of this section. As used in this section, and section
15-0511 of this title, "dam" means any artificial barrier including any
earthen barrier, together with its appurtenant works, which impounds or
will impound waters, provided it has (1) a height equal to or greater
than fifteen feet or (2) a maximum impoundment capacity equal to or
greater than three million gallons; except that for purposes of this
section a dam shall not include any structure which has (i) a height
equal to or less than six feet regardless of the structure's impoundment
capacity, or (ii) an impoundment capacity not exceeding one million
gallons regardless of the structure's height.

b. Except where a lease or other appropriate conveyance of an interest
authorizing the use and occupancy of state-owned lands underwater has
been obtained from the commissioner of general services pursuant to
subdivision seven of section seventy-five of the public lands law, no
dock, wharf, platform, breakwater, mooring, or other structure in, on or
above waters shall be erected, placed, constructed, reconstructed, or
expanded after the effective date of this paragraph by any person or
local public corporation without a permit issued pursuant to subdivision
2 of this section. The term "reconstructed" as used in relation to
docks, wharves, platforms, breakwaters, mooring or other structures
pursuant to this paragraph shall mean the substantial rebuilding of
structures or facilities and shall not apply to ordinary maintenance or
repair of existing functional structures or facilities, such as
repainting, redriving pilings or replacing broken boards in docks.

c. A city, town, village or county may submit to the commissioner a
local law or ordinance regulating docks or other structures as described
in paragraph b of this subdivision. The commissioner shall review such
law or ordinance to determine whether it provides environmental
protection comparable to, or greater than, the provisions of such
paragraph and any regulations promulgated thereunder. If the
commissioner determines that the local law or ordinance submitted meets
such requirements, the commissioner may delegate, upon such terms and
conditions as he or she deems appropriate, to the local government the
authority to administer the permit program and to charge a fee for
permit processing. Any delegation may be revoked by the commissioner if
he or she finds that the local government has failed to carry out the
program in accordance with the terms of the delegation.

2. Permits. a. Before granting a permit, a permit renewal or a permit
modification pursuant to this section, the department shall ascertain
the probable effect on the health, safety and welfare of the people of
the state, and the effect on the natural resources of the state likely
to result from the proposed project or work.

b. The department shall review the permit application or request for
renewal or modification of an existing permit and may approve the manner
and extent to which the waters of the state or the banks and shore
thereof will be affected by the proposed project or work and may grant
or deny the permit or request, or may grant the permit or request with
such conditions as might appear necessary to safeguard life, property
and natural resources during and after the execution of the proposed
project or work.

c. The rules and regulations adopted by the commissioner to implement
this section and the provisions of article 70 of this chapter and rules
and regulations adopted thereunder shall govern permit applications,
renewals, modifications, suspensions and revocations under this section.

d. The requirements of this section shall be in addition to those
specified in sections 15-0501 and 15-0505 of this title, provided
however, that the department may, by rule and regulation, provide that
only one application for a permit or request for renewal or modification
of an existing permit need be filed when the proposed project or work
requires a department permit under this section and any other section of
this title.

3. The requirement of a permit pursuant to this section shall not
apply to the following facilities:

a. A dock, pier, wharf or other structure used solely as a landing
place on water providing dockage for five or fewer boats and
encompassing within its outer perimeter an area less than four thousand
square feet;

b. A mooring facility providing mooring for fewer than ten boats;

c. Seasonal replacement or reinstallation of structures referenced and
listed in paragraph b of subdivision 1 of this section installed prior
to the effective date of this paragraph.

4. The design, preparation of plans, estimates and specifications and
the supervision of the erection, construction, reconstruction and repair
of all the structures hereinbefore referred to shall be done by a
licensed professional engineer, or in the case of farm ponds for which a
permit is required, by an engineer or conservationist employed by a
governmental agency cooperating with a soil conservation district, or by
an engineer employed by the department.

5. Notwithstanding the provisions of this or any other chapter or law
to the contrary, no reservoirs for any purpose shall hereafter be
constructed on the Upper Hudson River in the Adirondack park between
Luzerne and the river's source; the Boreas river from its mouth to
Durgin Brook; the Indian river from its mouth to Abanakee Dam; and the
Cedar river from its mouth to Cedar River Flow, by the state or by any
river regulating board.