N.Y. Comp. Codes R. & Regs. tit. 6 § 327.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 327.1 - Permit required

(a) No person, individual, public or private corporation, political subdivision, government agency, municipality, industry, copartnership, association, firm, trust or estate, or any other legal entity whatsoever, shall use chemicals for the control or elimination of aquatic vegetation in any waters of the State without having applied for and obtained a written permit to do so from a designated permit-issuing official, except as specified in subdivision (c) of this section.

(b) Such permit may be issued for the use of chemicals in the control or elimination of aquatic vegetation, subject to such limitations as may be considered necessary to safeguard water quality. For the protection of riparian uses, no such permit shall be issued except where the applicant has certified that the affected riparian users have agreed to temporary curtailment of their uses incidental to treatment or unless the applicant demonstrates to the satisfaction of the commissioner that any nonconsenting riparian users will not be significantly adversely affected by the use of the chemicals subject to such limitations as are set forth in the permit. Such limitations shall prescribe what chemical or chemicals may be applied to the waters under stipulated conditions to protect the public health, safety or welfare, and terrestrial and aquatic life or the growth and propagation thereof, other than aquatic vegetation intended to be controlled or eliminated.

(c) Such permit, however, shall not be required: for the use of copper sulfate for the purpose of algae control by a duly constituted water supply agency in its water supply waters; or for chemical control of aquatic vegetation in ponds or lakes having no outlet to other waters and which lie wholly within the boundaries of lands privately owned or leased by the individual making or authorizing such treatment.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 327.1