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What is NYC AC § 28-104.9.1?

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This section provides definitions for terms related to coastal and freshwater wetlands, coastal erosion hazard areas, and structures within those zones as specified in the New York state environmental conservation law. Applies to building owners and operators involved in projects within these defined areas.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 28-104.9.1 Definitions.

AC § 28-104.9.1

As used in section 28-104.9 the following terms shall have the following meanings: COASTAL EROSION HAZARD AREAS. Areas of land as identified on the final map issued by the New York state department of environmental conservation in accordance with section 34-0104 of the New York state environmental conservation law; COASTAL SPECIAL FLOOD HAZARD AREAS. Areas of land as identified on the flood insurance rate maps referenced in New York city building code section G402 of appendix G pursuant to article 36 of the New York state environmental conservation law. COASTAL ZONES AND WATER-SENSITIVE INLAND ZONES. Areas of land comprising tidal wetlands, freshwater wetlands, coastal erosion hazard areas, coastal special flood hazard areas or rivervine and other inland special flood hazard areas. FRESHWATER WETLANDS. Areas of land as identified on the final map issued by the New York state department of environmental conservation in accordance with section 24-0301 of the New York state environmental conservation law, as well as any adjacent areas as such term is defined in section 662.1 of title 6 of the New York code of rules and regulations. RIVERVINE AND OTHER INLAND SPECIAL FLOOD HAZARD AREAS. Areas of land, including floodways, as identified on the flood insurance rate maps referenced in section G402 of the New York city building code pursuant to article 36 of the New York state environmental conservation law. STRUCTURE. Any object constructed, installed or placed in, on or under land or water, including, but not limited to, a building, permanent shed, deck, in-ground or aboveground swimming pool, garage, mobile home, paving, road, public utility service distribution, transmission and collection system, storage tank, pier, dock, wharf, groin, jetty, seawall, revetment, bulkhead or breakwater. TIDAL WETLANDS. Areas of land as identified on the tidal wetland inventory issued by the New York state department of environmental conservation in accordance with section 25-0201 of the New York state environmental conservation law, as well as any adjacent areas as such term is defined in section 661.4 of title 6 of the New York code of rules and regulations; (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/021, L.L. 2021/126, and L.L. 2023/077.

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