N.Y. Comp. Codes R. & Regs. tit. 6 § 647.3

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

Section 647.3 - Appeals to the board

(a) Within 30 days after service or notice, whichever occurs later in time, of any decision, determination or order of the Commissioner of Environmental Conservation (hereinafter "commissioner") or of the competent agency of any village, town, city or county (hereinafter "agency"), or of the Adirondack Park Agency (hereinafter "APA"), acting under authority of the act, any person may take an appeal to the board by the filing of a notice of appeal containing exceptions to that decision, determination or order or designated portions thereof.

(b) Every person filing an appeal (hereinafter "appellant") shall file a notice of appeal which must:

(1) specify whether or not wetlands are involved and, if they are, then state the nature and the size of the wetlands involved in the appeal;

(2) separately number each exception and state concisely, without supporting argumentation, the single error of fact or law which is being asserted in that exception;

(3) identify with particularity the portion of the decision, determination or order to which the exception is addressed; and

(4) name the commissioner, agency or APA as respondent, as the case may be.

(c) Failure of any apellant to take any step, other than the timely filing of a notice of appeal, does not affect the validity of the appeal, but is ground for such action as the board deems appropriate, which may include dismissal of the appeal.

(d) If two or more persons are entitled to appeal from a given decision, determnation or order, they may file a joint notice of appeal, or join in appeal after filing timely notices of appeal and thereafter appeale as a single appellant. Appeals may be consolidated upon application of any appellant or respondent, or by the board on its own motion.

(e) Each appellant shall serve a copy of the notice of appeal on the commissioner, and also on the agency or APA if the agency or APA is the named respondent, either by delivery a copy in person or by certified or registered mail.

(f) Each named respondent shall serve and file an answer to the notice of appeal and an appearance, attaching a copy of the decision, determination or order appealed from, within seven days of receiving the notice of appeal, and in the answer either generally or specifically denying the exceptions stated in the notice of appeal.

(g) Each appellant and respondent, respectively, shall filed the notice of appeal and the answer and appearance, after service, with the docket clerk of the board at the board's office in the Department of Environmental Conservation.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 647.3