N.Y. Environmental Conservation Law § 24-0105: Statement of findings

§ 24-0105. Statement of findings.

1. The freshwater wetlands of the state of New York are invaluable

resources for flood protection, wildlife habitat, open space, climate

change mitigation through the accumulation and storage of large amounts

of carbon, and water resources.

2. Considerable acreage of freshwater wetlands in the state of New

York has been lost, despoiled or impaired by unregulated draining,

dredging, filling, excavating, building, pollution or other activities

inconsistent with the natural uses of such areas. Freshwater wetlands

are in jeopardy of being lost, despoiled or impaired by such activities

and because of the recent curtailment of federal wetland protections.

3. Recurrent flooding aggravated or caused by the loss of freshwater

wetlands has serious effects upon natural ecosystems and communities.

The increasing severity and duration of storm-related flooding due to

climate change, which has caused billions of dollars of property damage

across the state, makes protection of all freshwater wetlands in the

state of vital importance.

4. Freshwater wetlands conservation is a matter of state concern since

a wetland in one region is affected by acts on rivers, streams and

wetlands of other regions.

5. The natural systems affecting freshwater wetlands overlap many

localities. While many local governments individually have enacted

ordinances to conserve freshwater wetlands and to reduce flood hazards

and losses, effective freshwater wetlands management requires uniformity

in laws to eliminate inconsistent or conflicting local laws. One

locality alone lacks adequate jurisdiction to protect itself from misuse

or neglect of adjacent localities.

6. Freshwater wetlands are an integral part of the unique scenic,

aesthetic, wildlife, recreational, open space, ecological and natural

resources of the Adirondack park and are recognized and protected by the

Adirondack park agency act. The act provides a mechanism for the

regulation of Adirondack wetlands by the Adirondack park agency and

local governments which is consistent with both the state interest in

the preservation and development of the park area and the state policy

to preserve, protect and conserve freshwater wetlands expressed in this

article.

7. Any loss of freshwater wetlands deprives the people of the state of

some or all of the many and multiple benefits to be derived from

wetlands, to wit:

(a) flood and storm control by the hydrologic absorption and storage

capacity of freshwater wetlands;

(b) wildlife habitat by providing breeding, nesting and feeding

grounds and cover for many forms of wildlife, wildfowl and shorebirds,

including migratory wildfowl and rare, endangered or threatened species,

fish, reptiles and amphibians, insects and other invertebrates;

(c) protection of subsurface water resources and provision for

valuable watersheds and recharging ground water supplies;

(d) recreation by providing areas for hunting, fishing, boating,

hiking, bird watching, photography, camping and other uses;

(e) pollution treatment by serving as biological and chemical

oxidation basins and carbon sinks;

(f) erosion control by serving as sedimentation areas and filtering

basins, absorbing silt and organic matter and protecting channels and

harbors;

(g) education and scientific research by providing readily accessible

outdoor bio-physical laboratories, living classrooms and vast training

and education resources;

(h) open space and aesthetic appreciation by providing often the only

remaining open areas along crowded river fronts and coastal Great Lakes

regions;

(i) sources of nutrients in freshwater food cycles and nursery grounds

and sanctuaries for freshwater fish;

(j) preservation of plant species that are rare, endangered or

threatened, or exploitably vulnerable as defined in section 9-1503 of

this chapter; and

(k) preservation of communities of plants and animals that are deemed

by the commissioner to be rare in the state or in a region of the state.

8. Regulation of freshwater wetlands, in accordance with the

agricultural exemption established in title seven hereof, is consistent

with the legitimate interests of farmers and other landowners to graze

and water livestock, make reasonable use of water resources, harvest

natural products of the wetlands, selectively cut timber and otherwise

engage in the use of land for agricultural production.