D E C banner
D E C banner

Disclaimer

The New York State Department of Environmental Conservation has added a link to a translation service developed by Microsoft Inc., entitled Bing Translator, as a convenience to visitors to the DEC website who speak languages other than English.

Additional information can be found at DEC's Language Assistance Page.

Part 502: Floodplain Management Criteria For State Projects

(Statutory authority: Environmental Conservation Law, §§1-0101, 3-0301, Article 36)

[page 1 of 1]

Historical Note

Part (§§502.1-502.9) filed Dec. 23, 1977 as emergency measure; made permanent by order filed Feb. 15, 1978 effective Feb. 15, 1978;

Contents:

Sec.

§502.1 Purpose

(a) Recurrent flooding of large areas of the State presents serious hazards to, and causes adverse effects upon, the health, safety, welfare and property of the people of the State, both within and outside flooded areas. These adverse effects include loss of life; loss and damage to private and public property; disruption of lives and livelihoods; interruption of commerce, transportation, communication and governmental services; and unsanitary and unhealthful living and environmental conditions. Floodplain management is, therefore, a matter of State concern and the establishment of improved floodplain management practices is important to the health, safety and welfare of all of the State.

(b) The implementation of this Part by all State agencies will insure that the use of State lands and the siting, construction, administration and disposition of State-owned and State-financed facilities are conducted in ways that will minimize flood hazards and losses. The regulations are required for the State of New York to continue it's qualification as a participating community in the National Flood Insurance Program administered by the Federal Insurance Administration of the Department of Housing and Urban Development.

Historical Note

Section filed Dec. 23, 1977 as emergency measure; made permanent by order filed Feb. 15, 1978 effective Feb. 15, 1978.

§502.2 Definitions

(a) Administrator shall mean the Federal Insurance Administrator of the Federal Insurance Administration in the Department of Housing and Urban Development.

(b) Base flood shall mean the flood having a one-percent chance of being equaled or exceeded in any given year.

(c) Base flood level or base flood elevation shall mean the computed water surface elevation at a given location resulting from a flood having a one-percent chance of being equaled or exceeded in any given year.

(d) Breakaway wall shall mean a wall designed and intended to collapse under stress without jeopardizing the structural integrity of a structure, so that the impact of abnormally high tides or wind-driven water on the structure is minimized.

(e) Coastal high hazard area shall mean any coastal area subject to high velocity waters, including but not limited to hurricanes.

(f) Commence a project shall mean the initiation of any phase of a project, including any excavation or site preparation.

(g) Commissioner shall mean the Commissioner of Environmental Conservation or his duly authorized representative.

(h) Department shall mean the Department of Environmental Conservation.

(i) Flood or flooding shall mean:

(1) a general and temporary condition of partial or complete inundation of normally dry land areas from:

(i) the overflow of inland or tidal waters;

(ii) the unusual and rapid accumulation or runoff of surface waters from any source; or

(iii) mud slides (i.e. mud flows) which are proximately caused or precipitated by accumulations of water on or under the ground;

(2) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels, or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subparagraph (i) of paragraph (1) of this subdivision.

(j) Flood elevation determination shall mean a determination by the administrator of the water surface elevations of the base flood.

(k) Flood hazard area shall mean the land in a floodplain within a city, town or village subject to a one-percent or greater chance of flooding in any given year.

(l) Flood hazard boundary map or FHBM shall mean an official map of a city, town or village, on which the administrator has delineated the boundaries of the flood hazard area in that municipality.

(m) Flood insurance rate map or FIRM shall mean an official map of a city, town or village, on which the administrator had delineated both the flood hazard areas and the risk premium zones applicable to that municipality.

(n) Floodplain shall mean any land susceptible to being inundated by water from any source (see definition of flood).

(o) Floodproofing shall mean any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

(p) Habitable floor shall mean any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a habitable floor.

(q) Levee-protected area shall mean any land protected, or proposed to be protected, from inundation by the base flood by an earthen embankment, concrete wall, or other substantial barrier specifically designed as a flood protection project.

(r) Mean sea level (MSL) shall mean the arithmetic mean of hourly water elevations observed over a specific 19-year Metonic cycle (the national tidal datum epoch), as determined by the National Ocean Survey (mean sea level is synonymous with National Geodetic Vertical Datum).

(s) Mobile home shall mean a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. Mobile home shall not include recreational vehicles or travel trailers.

(t) Person shall mean any individual, public or private corporation, political subdivision of the State, municipality, industry, copartnership, association, firm, trust, estate or any other legal entity whatsoever, except a State agency as defined in this Part.

(u) (1) Project shall mean any undertaking or activity (including any financing thereof at any location or the authorization of any such undertaking or activity on State-owned lands) involving any change to improved or unimproved real estate, including but not limited to:

(i) the construction, installation, expansion, substantial improvement, reconstruction or restoration of structures, highways, access roads, bridges, canals, railroads, airports, sewage disposal systems and any other waste disposal systems, water treatment works, levees, dikes and dams, sewers, gas or water mains, electrical transmission or other service lines, and solid waste disposal facilities;

(ii) any mining, dredging, filling, grading, paving, excavation or drilling operations; and

(iii) an action of a State agency resulting in a change in the use of a State-owned or leased building or facility from nonresidential to residential usage, or in any other change in usage where flood damage to the facility would pose a serious danger to life and health or widespread social or economic dislocation.

(2) The term project shall not include ordinary maintenance and repair of existing structures or facilities, and shall not include any repair, reconstruction, rehabilitation or improvement of any structure listed in the National Register of Historic Places or any structure which has been formally proposed by the Committee on the Registers for consideration by the New York State Board for Historic Preservation for a recommendation to the State Historic Officer for nomination for inclusion in said National Register, where the work is undertaken in a manner designed to maintain the historic character of the structure. In addition, the term project shall not include permits, certifications or other approvals issued by any State agency for any undertaking or activity, on lands other than those to which title is held by a state agency, unless such State agency is financing the project.

(3) When used in this Part, the term project shall be construed as though followed by the words "or part or parts thereof", unless the text clearly requires a different meaning.

(v) Regulatory floodway shall mean the channel of a river or other watercourse and the adjacent land areas that must be or have been reserved in order to discharge the base flood without cumulatively increasing the existing water surface elevation of the base flood more than one foot at any point.

(w) Riverine shall mean relating to, formed by or resembling a river (including tributaries), stream or brook.

(x) Sand dunes shall mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.

(y) Site shall mean the entire tract, subdivision, parcel of land or structure in or on which a project is to be undertaken.

(z) State agency shall mean any department, bureau, commission, board or other agency of the State, or a public benefit corporation or public authority at least one of whose members is appointed by the Governor.

(aa) Structure shall mean an existing or proposed walled and roofed building, including a gas or liquid storage tank, that is or is to be affixed to a permanent site. It shall include, but shall not be limited to, a foundation, a mobile home, and any building being constructed, improved, altered, repaired, reconstructed or restored. When used in this Part, the term shall be construed as though followed by the words "or part or parts thereof", unless the context clearly requires a different meaning.

(bb) (1) Substantial improvement shall mean any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the replacement value of the structure, either:

(i) before the improvement or repair is started; or

(ii) if the structure has been damaged and is being restored, before the damage occurred.

(2) For the purposes of this definition, substantial improvement shall include an alteration of a wall, ceiling, floor, or other structural part of the building, whether or not the external dimensions of the structure are changed. The term shall not include minor changes to a structure to comply with existing Federal or State health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, and shall not include any expansion of a structure.

(cc) Water surface elevation shall mean the projected height, in relation to mean sea level, reached by floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Historical Note

Section filed Dec. 23, 1977 as emergency measure; made permanent by order filed Feb. 15, 1978 effective Feb. 15, 1978.

§502.3 Determination of flood hazard area boundaries and base flood elevations

For the purposes of this Part, the boundaries of flood hazard areas and base flood elevations shall be determined as follows:

(a) Where the administrator has not provided an FHBM or FIRM or a flood insurance study designating flood hazard area boundaries and/or base flood elevations for a particular location, any State agency proposing a project at such location shall determine, in cooperation with the department, the boundaries of flood hazard areas and base flood elevations on the basis of all pertinent information available from Federal, State or other sources.

(b) Where the administrator has provided an FHBM or FIRM and/or flood insurance studies designating flood hazard area boundaries and/or base flood elevations for a particular location, flood hazard area boundaries and base flood elevations shall be as designated by the administrator. Provided, such boundaries or elevations as designated by the administrator shall be modified in such a manner as to be consistent with all pertinent additional information available from any Federal, State or other source, but any boundaries or elevations determined on the basis of such additional information shall not be smaller in area or lower in elevation than the boundaries or elevations designated by the administrator.

Historical Note

Section filed Dec. 23, 1977 as emergency measure; made permanent by order filed Feb.15, 1978 effective Feb. 15, 1978.

§502.4 Floodplain management criteria for State projects in flood hazard areas

(a) When the administrator has not provided data for a city, town or village to designate a regulatory floodway, or if that data has been provided and such regulatory floodway has not yet been designated, or when the administrator has not identified coastal high hazard areas in a city, town or village, any State agency proposing to commence any project within a flood hazard area in that city, town or village shall do so only if it determines such project is in compliance with the following criteria:

(1) State agencies shall consider other alternative sites on which the project could be located which would not involve a flood hazard area.

(2) All necessary permits shall be acquired from those governmental agencies from which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972(33 U.S.C. 1334).

(3) The proposed project shall:

(i) be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the project;

(ii) be constructed with materials and utility equipment resistant to flood damage; and

(iii) be constructed by methods and practices that minimize flood damage.

(4) The proposed project shall be designed and constructed so that:

(i) it is consistent with the need to minimize flood damage within the flood hazard area;

(ii) all public utilities and facilities, such as sewer, gas, electric and water systems, are located and constructed to minimize or eliminate flood damage; and

(iii) adequate drainage is provided to reduce exposure to flood hazards.

(5) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems.

(6) New and replacement sanitary sewage systems and any other waste disposal systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems, and discharges from the systems into floodwaters, and new and replacement onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(7) All new residential structures and substantial improvements of existing residential structures shall have the lowest floor (including basement) elevated to not less than one foot above the base flood level.

(8) All new nonresidential structures and substantial improvements of existing nonresidential structures shall have the lowest floor (including basement) elevated or flood-proofed to not less than one foot above the base flood level, so that below this elevation the structure, together with attendant utility and sanitary facilities, is watertight, with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

(9) Where floodproofing is utilized for a particular structure in order to comply with this Part, a professional engineer or architect licensed to practice in New York State shall certify to said State agency that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood.

(10) For the purpose of the determination of applicable flood insurance risk premium rates for structures insurable under the National Flood Insurance Program (42 U.S.C. § 4001 et seq.) (see section 503.1 of this Title), said agency shall:

(i) obtain the elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of any new or substantially improved structures, and specify whether or not such structure contains a basement;

(ii) if a structure has been flood-proofed, obtain the elevation (in relation to mean sea level) to which the structure was flood-proofed; and

(iii) maintain records of such information.

(11) In riverine situations, affected cities, towns and villages and the department shall be notified in writing by said State agency prior to any alteration or relocation of a watercourse.

(12) The flood carrying capacity within any altered or relocated portion of any watercourse shall be maintained.

(13) All mobile homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors as follows:

(i) over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations (except that mobile homes less than 50 feet long shall require only one additional tie per side);

(ii) frame ties shall be provided at each corner of the home, with five additional ties per side at intermediate points (except that mobile homes less than 50 feet long shall require only four additional ties per side);

(iii) all components of the anchoring system shall be capable of carrying a force of 4,800 pounds; and

(iv) any additions to the mobile home shall be similarly anchored.

(14) All mobile homes shall have:

(i) stands or lots that are elevated on compacted fill or on pilings or piers so that the lowest floor of the mobile home will be located not less than one foot above the base flood level;

(ii) adequate surface drainage;

(iii) lots that are large enough to permit steps from the ground into the mobile home and ready access for a hauler;

(iv) in the case of elevation on pilings or piers, pier foundations or pilings that are placed in stable soil no more than 10 feet apart; and

(v) in the case of elevation on piers, adequate reinforcement for piers that extend more than six feet above ground level.

(15) In riverine situations, no project (including fill) shall be undertaken unless it is demonstrated that the cumulative effect of the proposed project, when combined with all other existing and anticipated development, will not increase the existing water surface elevation of the base flood more than one foot at any point. Provided, the provisions of this paragraph shall not apply to any project being undertaken on a site where there is less than one square mile of drainage area for the watercourse involved above such site, and where the administrator has not provided final flood base elevations on a city, town or village's FIRM.

(16) No project (including fill) shall be undertaken unless it is demonstrated that the cumulative effect of the proposed project, when combined with all existing development, will not cause any material flood damage to such existing development.

(17) In order to prevent potential flood damage to certain facilities that would result in serious danger to life and health, or widespread social or economic dislocation, none of the following new projects shall be undertaken within any flood hazard area:

(i) facilities designed for bulk storage of chemicals, petrochemicals, hazardous or toxic substances or floatable materials;

(ii) hospitals, rest homes, correctional facilities, dormitories, patient care facilities; (iii) major power generation, transmission or substation facilities, except for hydroelectric facilities;

(iv) major communications centers, such as civil defense centers; or

(v) major emergency service facilities, such as central fire and police stations.

(b) When the administrator has provided data for a city, town or village to designate a regulatory floodway and such floodway has been designated by a city, town or village, any State agency proposing to commence any project in a flood hazard area in such city, town or village shall do so only if it determines such project is in compliance with the following criteria:

(1) The requirements of subdivision (a) of this section, except for the provisions of paragraph (15) of said subdivision.

(2) No portion of the project, including encroachments, fill, new construction or substantial improvements, shall be placed or located within the adopted regulatory floodway that would result in any increase in flood levels during the occurrence of the base flood discharge, except where the effect on flood levels, due to the loss of floodway capacity, is completely offset by the creation of equal floodway hydraulic capacity at that point.

(3) There shall be no placement of any mobile homes within the adopted regulatory floodway.

(c) When the administrator has identified coastal high hazard areas on a city, town or village's FIRM, any State agency proposing to commence any project in a coastal high hazard area in such city, town or village shall do so only if it determines such project is in compliance with the following criteria:

(1) The requirements of paragraphs (1) through (10), inclusive, and paragraph (17) of subdivision (a) of this section.

(2) All new structures shall be located landward of the reach of mean high tide.

(3) (i) All new structures and substantial improvements of existing structures shall be elevated on adequately anchored pilings or columns, and securely anchored to such pilings or columns, so that the lowest portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to not less than one foot above the base flood level;

(ii) a professional engineer or architect licensed to practice in New York State shall certify to said agency that the structure is securely anchored to adequately anchored pilings or columns in order to withstand high velocity waters and hurricane wave wash; and

(iii) the requirements of subparagraphs (i) and (ii) of this paragraph shall not be applicable to temporary structures associated with recreational uses, or to marine uses such as bridges, docks, jetties, piers, breakwaters or groins.

(4) All new structures and substantial improvements of existing structures shall have the space below the lowest floor free of obstructions or be constructed with breakaway walls intended to collapse under stress without jeopardizing the structural support of the structure, so that the impact on the structure by abnormally high tides or wind-driven water is minimized. Such temporarily enclosed space shall not be used for human habitation.

(5) There shall be no use of fill for structural support of structures.

(6) There shall be no placement of mobile homes.

(7) There shall be no alteration of sand dunes which would increase potential flood damage.

(d) In order to prevent flood damage to certain facilities that would result in serious danger to life and health, or widespread social or economic dislocation, none of the following new projects shall be undertaken by any State agency within any levee-protected area unless the entire project or, where applicable, the lowest floor of such project, is elevated to at least one foot above the base flood level:

(1) facilities designed for bulk storage of chemicals, petrochemicals, hazardous or toxic substances or floatable materials;

(2) hospitals, rest homes, correctional facilities, dormitories, patient care facilities;

(3) major power generation, transmission or substation facilities, except for hydroelectric facilities;

(4) major communications centers, such as civil defense centers;

(5) major emergency service facilities, such as central fire and police stations; or

(6) transportation facilities which provide a major access route to any facility listed in paragraphs (1) through (5) of this subdivision.

Historical Note

Section filed Dec. 23, 1977; amendment filed Nov. 5, 1984 effective Nov. 5, 1984. Amended (a)(10).

§502.5 Acquisition of interests in lands and facilities

(a) No State agency shall acquire any interest in, or finance the acquisition of any interest in, any land or facility without first:

(1) evaluating such land or facility in order to determine if the subject land or facility is located in a flood hazard area; and

(2) if such land or facility is located in a flood hazard area, determining that the contemplated use of the land or facility will be consistent with the provisions of this Part.

(b) Any existing structure located in a flood hazard area acquired by any State agency shall be flood-proofed by said State agency in accord with the provisions of paragraphs (8) and (9) of subdivision (a) of section 502.4 of this Part.

(c) No State agency shall acquire an existing structure located within a regulatory floodway and utilize said structure for any use involving human habitation.

Historical Note

Section filed Dec. 23, 1977 as emergency measure; made permanent by order filed Feb. 15, 1978 effective Feb. 15, 1978.

§502.6 Disposition of State property

No State agency shall sell or otherwise transfer any State-owned land or facility located in a flood hazard area to any person, other than a State agency, without providing in the deed or other instrument of transfer necessary covenants and use restrictions, binding on the grantee and his or her heirs, successors and assigns, which ensure that said property or facility will forever be utilized in a manner consistent with the provisions of this Part.

Historical Note

Section filed Dec. 23, 1977 as emergency measure; made permanent by order filed Feb. 15, 1978 effective Feb. 15, 1978.

§502.7 Coordination

State agencies undertaking any project pursuant to this Part shall ensure that reviews thereunder are coordinated with those of appropriate environmental impact statements, project notification and review systems, and State capital construction funding requests.

Historical Note

Section filed Dec. 23, 1977 as emergency measure; made permanent by order filed Feb. 15, 1978 effective Feb.15, 1978.

§502.8 Variance provisions for State agencies.

(a) Variances to the provisions of this Part may be granted by the department in accord with this section. No project or activity which requires a variance to any provision of this Part shall be commenced unless the department grants a variance in accord with this section.

(b) Requests for variances to the provisions of this Part shall be submitted in writing to the department by the State agency requesting such variance. Any request for a variance pursuant to this section shall be filed, by the State agency requesting the variance, with the department at the earliest time practicable in the planning of the project or activity involved, and to the maximum extent possible prior to the submission of a formal budget request for the funding of said project or activity.

(c) The procedures for the submission of requests for variances under this section, time periods for department action thereon, provisions relating to minor projects, and notice and hearing requirements, shall be governed by the provisions of Part 621 of this Title. A copy of the department's decision shall be sent by mail to the State agency requesting the subject variance and to the director of the Division of the Budget.

(d) Variances shall not be issued by the department for any project or activity within any designated regulatory floodway if any increase in flood levels would result during the base flood discharge.

(e) Variances shall be issued by the department only upon:

(1) a showing of good and sufficient cause;

(2) a determination that the project will, consistent with social, economic and other essential considerations of State policy, be undertaken in accordance with the purposes of this Part to the maximum extent possible;

(3) a determination that the granting of a variance will not result in materially increased flood damages, add additional threats to public safety, result in extraordinary public expense, or create nuisances or cause victimization of the public; and

(4) a determination that the variance granted is the minimum necessary, considering flood hazard, to afford relief.

(f) The department may attach to any variance issued, pursuant to this section, such conditions as are necessary to insure that any action taken pursuant to said variance is consistent with the purposes and limitations of sections 502.4, 502.5 and 502.6 of this Part to the maximum extent possible.

(g) The department shall maintain a record of all variances issued pursuant to this section, including justification for their issuance, and report such variances annually to the administrator.

Historical Note

Section filed Dec. 23, 1977 as emergency measure; made permanent by order filed Feb. 15, 1978 effective Feb. 15, 1978.

§502.9 Variance provisions relating to certain facilities and lands owned or formerly owned by the State

(a) Variances to the provisions of section 502.4 of this Part may be granted by the department to any person who has acquired or who proposed to acquire lands or facilities owned or formerly owned by the State, where the deed or other instrument of transfer contains a covenant or use restriction placed upon such lands or facilities by the State at the time of disposition. Any person seeking relief from such covenant and use restrictions may submit a written request to the Commissioner of Environmental Conservation at 625 Broadway, Albany, New York 12233 and include the following information:

(1) the name and address of the petitioner;

(2) a copy of the deed or other instrument of transfer which includes the full text of the covenant or use restriction;

(3) a copy of maps or drawings, to suitable scale, which clearly identify the location of the property with existing or proposed improvements shown thereon;

(4) a description of the proposed uses for the property;

(5) a detailed text clearly indicating the basis for the petitioner's claim of unnecessary hardships and/or practical difficulties in the way of complying with the requirements imposed by the covenant and use restrictions; and

(6) any other information that the commissioner deems necessary to make a finding pursuant to subdivision (d) of this section, based upon the standards contained in subdivision (e) of this section.

(b) The procedures for the submission of requests for variances under this section, time periods for department action thereon, provisions relating to minor projects, and notice and hearing requirements, shall be governed by the provisions of Part 621 of this Title. A copy of the department's decision shall be sent by mail to the petitioner requesting the subject variance and to the chief administrative officer of each city, town or village in which the property is located. The granting of any variance pursuant to this section shall not be construed as relieving any person from obtaining any other necessary approval(s) from any Federal, State or local government body.

(c) Variances shall not be granted for any project or activity within any designated regulatory floodway, if any increase in flood levels would result during the base flood discharge.

(d) A variance may be granted or denied by the commissioner based upon information submitted by the petitioner and other resources available to the department. The granting of a variance pursuant to this section may contain such conditions or limitations as may be deemed reasonably necessary to assure that the spirit of the act shall be observed, public safety and welfare secured, and substantial justice done.

(e) Standards for the granting of a variance.

(1) The petitioner shall establish to the satisfaction of the commissioner that he will suffer an unnecessary hardship if the variance is not granted, or that there are practical difficulties in the way of carrying out the strict letter of the requirements of the covenant and use restriction. In the absence of a satisfactory showing of good and sufficient cause, no variance will be issued.

(2) The basis for the granting of a variance shall be a determination that the petitioner has established:

(i) that the proposed project or use of such lands is consistent with the findings and purposes of the New York State Legislature as expressed in section 1 of article 36 of the Environmental Conservation Law; and

(ii) that the public safety and welfare will be secured and substantial justice done.

Historical Note

Section filed Dec. 23, 1977 as emergency measure; made permanent by order filed Feb.15, 1978 effective Feb. 15, 1978.

§502.10 References

The following Federal statutes, regulations or publications have been referenced in Parts 500-502 of this Title:

(a) The Federal National Insurance Act of 1968 (52 USC 4001-4128), August 1, 1968.

(b) Flood-Proofing Regulations, U.S. Army Corps of Engineers, June 1972, Washington, DC.

(c) Section 404 of the Federal Water Pollution Control Act Amendments of 1972 (33 USC 1334), effective October 18, 1972.

(d) USC means United States Code.

(e) All United States publications referenced above are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

(f) All material referenced in Part 500 of this Title is available for copying and inspection at the Department of Environmental Conservation, Division of Water, 625 Broadway, Albany, NY 12233.

Historical Note

Section filed Nov. 5, 1984 effective Nov. 5, 1984. revised 7-21-04 Fran Smith