Section 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.