| OCR Text |
534 NEW YORK uses as being for the general public benefit and welfare, thus justify- ing regulation and allocation to various uses as necessary legislative and administrative functions in the public interest. This must be dis- tinguished from "private" rights and uses which arise as riparian privileges, and which are governed by case law, as discussed in sec- tion 3.2, infra. However, private waters, as well as practically all other conceivable categories of water, are included within the very broad statutory definition of waters: "Waters" shall be construed to include lakes, bays, sounds, ponds, impound- ing reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial limits of the State of New York, and all other bodies of surface or underground water, natural or artificial, inland or coastal, fresh or salt, public or private, which are wholly or partially within or bordering the State or within its jurisdiction.80 (#) Protection of water {Title 5) No person is allowed to "change, modify or disturb the course, channel or bed" of any stream, or to "remove any sand, gravel, or other materials" from the bed or banks of any stream, without first obtaining a permit to do so.31 A stream is defined as that part of any fresh surface watercourse greater than 10 acres at mean low water level which has been classified A A through C(T) for water quality standards.32 Small ponds or lakes seem to be exempt from the statute if they are not located on a stream, but if they are located "in the course of a stream" they are within the coverage of the act, whether or not they have been classified for water quality purposes.33 Permits are acquired pursuant to application to the department of environmental conservation, along with a description of the activity proposed.84 The department reviews the proposal, and may reject the application or approve it subject to certain conditions and specifica- tions. The permit, if issued, may designate the location or areas of the stream which may be altered, and the manner and method of alteration, including limits on the quantity of sand, gravel, or other material to be removed.35 The department is to arrive at its decision after a complete evaluation of the impact on the stream if the pro- posal were to be approved, and any permit issued must contain ap- propriate provisions to: minimize the disturbance of a stream and * * ? to prevent unreasonable erosion of soil, increased turbidity of the waters, irregular variations in velocity, temperature and level of waters, the loss of fish and aquatic wildlife and the destruction of natural habitat thereof, and the danger of flood or pollution.88 The department, at its option, may hold public hearings in con- nection with any application filed. Public corporations are exempt from permit requirements if they enter into a written memorandum of understanding with the department in connection with any proj- ect which would require a permit if performed by a private person.37 »°ECL sec. 15-0107.4. siECL sec. 15-0501.1. aaECL sec. 15-0501.2. ™Id. ^ECL sec. 15-0501.3. 86ECL sec. 15-0501.3.C. 88 Id. 87ECL sec. 15-0501.4. |
