APA Approves New General Permit 2024G-1 for Certain Minor Regulated Activities in APA Jurisdictional Freshwater Wetlands

For Immediate Release: April 24, 2024

Contact:
Keith P. McKeever | [email protected]
Public Information Officer | Adirondack Park Agency | Press Office | (518) 891-4050

APA Approves New General Permit 2024G-1 for Certain Minor Regulated Activities in APA Jurisdictional Freshwater Wetlands

RAY BROOK, NY - The Adirondack Park Agency (APA) Board at its April 18th, 2024, board meeting approved a new general permit which replaced wetlands General Permit 2002G-3AAR. This approval followed the APA's March 26, 2024, issuance of a Negative Declaration of Significant Adverse Environmental Impact for General Permit/Order 2024G-1 in accordance with the State Environmental Quality Review Act. General Permit 2024G-1 includes conditions that strengthen requirements to restore impacted wetlands and maintains the same strict standards currently in place to protect all jurisdictional wetlands. In addition, the new general permit further clarifies what types of land use activities are eligible for this process.

General Permit 2024G-1 authorizes, as conditioned in any certificate issued, the following regulated activities occurring in APA-regulated wetlands or in adjacent areas where the activities could substantially impair regulated wetlands:

1. Replacement or repair of existing or installation of new private or public underground utilities through wetlands with no permanent fill in or loss of wetlands. Installation activities may include placement of suitable clean soil or stone for backfill or bedding of the utility lines. Authorized utility lines include pipes or pipelines for the transportation of gaseous, liquid or slurry substances; or any cable, line, fiberoptics or wire for the transmission of electrical energy, telephone, telegraph, radio or television communications. The term utility line shall also include pipes conveying drainage from one area to another. This permit is applicable only for construction disturbance of less than one year where there will be complete restoration of the wetland.

2. Installation of temporary work pads, access, or detour drives. This permit is applicable only for construction disturbance of less than one year where there will be complete restoration of the wetland.

3. Installation, replacement, or repair of water control structures involving less than 300 square feet of permanent wetland excavation or fill per wetland where compensatory wetland mitigation is addressed, as appropriate.

4. Installation, replacement, or repair of beaver control structures (inclusive of "beaver deceivers") involving less than 300 square feet of permanent wetland excavation or fill per wetland where compensatory wetland mitigation is addressed, as appropriate.

5. Culvert removals, in-place repairs, replacements, or extensions; or new culvert installations involving less than 300 square feet of permanent wetland excavation or fill per wetland where compensatory wetland mitigation is addressed, as appropriate.

6. Widening or minor improvements to lawfully existing roadways, bridges, driveways, or trails involving less than 300 square feet of permanent wetland excavation or fill per wetland where: a) compensatory wetland mitigation is addressed, as appropriate; b) fill is limited to the minimum necessary to bring the facility into compliance with current State design, safety, and capacity standards; and c) the improvements will not change the historic use of the facility or property.

7. Grading and filling in wetlands lasting less than one year and associated with access for survey and exploratory activities where there will be no permanent fill and complete restoration of the wetland. Survey and exploratory activities include: instrument survey, archaeological and paleontological surveys, seismic operations, drilling of test wells or bore holes, excavation of test pits, core sampling, soil sampling, and other similar exploratory-type activities. The survey and exploratory activities themselves are non-jurisdictional.

8. Replacement or repair of existing or installation of new private or public overhead utility poles and lines with access through wetlands with no permanent fill in or loss of wetlands. Installation activities may include in-kind replacement of existing power poles in wetlands or replacement poles involving an increase in height not resulting in a final height above grade in excess of 40 feet. Activities may also include permanent placement of screw anchors and guy wires in wetlands.

General Permit 2024-G1:

1. Authorizes jurisdictional activities involving wetlands pursuant to Article 24 of the Environmental Conservation Law (the Freshwater Wetlands Act), Executive Law §§ 809(2)(a) and 810(1), and Agency Rules and Regulations at 9 NYCRR § 578.2(a);

2. Allows for certain minor regulated activities in a freshwater wetland that involve no permanent wetland fills or involve minor fills with compensatory wetland mitigation;

3. Includes relevant mitigating conditions and conclusions of law, as specified in the general permit. The certification for the General Permit/Order will include standard conditions related to compliance with the approved project plans, documentation of site restoration, erosion and sediment control, invasive species spread prevention, and vegetative cutting; as well project-specific conditions regarding compensatory wetland mitigation and conditions related to wetland protections for the eligible regulated activities; and

4. Includes procedures for the issuance of a certificate pursuant to the general permit, as specified in the general permit. The Agency will issue a signed certification approving the project within 10 business days of the site visit or when the application is deemed complete, whichever is later, for a proposal that meets the eligibility criteria.

General permits are used to streamline certain routine APA regulated activities. APA revising existing older general permit applications to strengthen permit conditions and ensure format consistency.

For more information please review the General Permit 2024-G1 application materials and APA staff presentation to the Board found on the Regulatory Program Section of the April 2024 Agency Board meeting on the APA website at: https://www.apa.ny.gov/Mailing/2024/04/regulatory.htm

To download the General Permit application forms please go to:https://www.apa.ny.gov/Forms/index.cfm

The mission of the Adirondack Park Agency is to protect the public and private resources of the Adirondack Park through the exercise of the powers and duties of the Agency as provided by law.

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