(a) The appropriateness of activities for which permits are sought shall be determined by the following criteria:

1. (1) legality of the activity;
2. (2) consistency of the activity with the findings of the commissioner for those sites acquired under the Eminent Domain Procedure Law;
3. (3) consistency of the activity with the character and value of the tidal wetlands for which the access permit is sought; and
4. (4) consistency of the activity with finding made under article 8, ECL and Part 617 of this Title.