N.Y. Comp. Codes R. & Regs. tit. 6, § 360.8
(a) Special flood hazard areas.
Person(s) must not construct a new facility or expand an existing one, in a special flood hazard area, unless provisions acceptable to the department have been made to prevent flooding of the facility and to prevent the constriction of floodwaters. The facility must not pose a significant hazard to human life, wildlife, fisheries, or land or water resources.
(b) Endangered species.
Person(s) must not construct a facility or laterally expand an existing one in a manner that causes or contributes to the taking of any endangered or threatened species or to the destruction or adverse modification of their critical habitat.
(c) Wetlands.
Person(s) must not construct a new facility or laterally expand an existing one within the boundary of either State or Federally regulated wetlands, unless the required permits are obtained from the U.S. Army Corps of Engineers and/or the department.