New York regulations

9 NYCRR 578.10

Executive Department

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Issuance of permits

Issuance of permits

Compiled text through Sep 15, 2021

Register checked through Jul 29, 2026

No later Register activity identified in this check.

Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026
(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.

State Register activity

No Register activity identified in this check.Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29).

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