N.Y. Environmental Conservation Law § 24-0107: Definitions

§ 24-0107. Definitions.

1. * "Freshwater wetlands" means lands and waters of the state, that

are not tidal wetlands as defined in subdivision one of section 25-0103

of this chapter, that have an area of at least twelve and four-tenths

acres or, if less than twelve and four-tenths acres in size, are of

unusual importance, and which contain any or all of the following:

* NB Effective until January 1, 2028

* "Freshwater wetlands" means lands and waters of the state, that are

not tidal wetlands as defined in subdivision one of section 25-0103 of

this chapter, that have an area of at least seven and four-tenths acres

or, if less than seven and four-tenths acres in size, are of unusual

importance, and which contain any or all of the following:

* NB Effective January 1, 2028

(a) lands and submerged lands commonly called marshes, swamps,

sloughs, bogs, and flats supporting aquatic or semi-aquatic vegetation

of the following types:

(1) wetland trees, which depend upon seasonal or permanent flooding or

sufficiently water-logged soils to give them a competitive advantage

over other trees; including, among others, red maple (Acer rubrum),

willows (Salix spp.), black spruce (Picea mariana); swamp white oak

(Quercus bicolor), red ash (Fraxinus pennsylvanica), black ash (Fraxinus

nigra), silver maple (Acer saccharinum), American elm (Ulmus americana),

and Larch (Larix laricina);

(2) wetland shrubs, which depend upon seasonal or permanent flooding

or sufficiently water-logged soils to give them a competitive advantage

over other shrubs; including, among others, alder (Alnus spp.),

buttonbush (Cephalanthus occidentalis), bog rosemary (Andromeda

glaucophylla), dogwoods (Cornus spp.), and leatherleaf (Chamaedaphne

calyculata);

(3) emergent vegetation, including, among others, cattails (Typha

spp.), pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.),

arrow arum (Peltandra virginica), arrowheads (Sagittaria spp.), reed

(Phragmites communis), wildrice (Zizania aquatica), bur-reeds

(Sparganium spp.), purple loosetrife (Lythrum salicaria), swamp

loosestrife (Decodon verticillatus); and water plantain (Alisma

plantago-aquatica);

(4) rooted, floating-leaved vegetation; including, among others,

water-lily (Nymphaea odorata), water shield (Brasenia schreberi), and

spatterdock (Nuphar spp.);

(5) free-floating vegetation; including, among others, duckweed (Lemna

spp.), big duckweed (Spirodela polyrhiza), and watermeal (Wolffia spp.);

(6) wet meadow vegetation, which depends upon seasonal or permanent

flooding or sufficiently water-logged soils to give it a competitive

advantage over other open land vegetation; including, among others,

sedges (Carex spp.), rushes (Juncus spp.), cattails (Typha spp.), rice

cut-grass (Leersia oryzoides), reed canary grass (Phalaris arundinacea),

swamp loosestrife (Decodon verticillatus), and spikerush (Eleocharis

spp.);

(7) bog mat vegetation; including, among others, sphagnum mosses

(Sphagnum spp.), bog rosemary (Andromeda glaucophylla), leatherleaf

(Chamaedaphne calyculata), pitcher plant (Sarracenia purpurea), and

cranberries (Vaccinium macrocarpon and V. oxycoccos);

(8) submergent vegetation; including, among others, pondweeds

(Potamogeton spp.), naiads (Najas spp.), bladderworts (Utricularia

spp.), wild celery (Vallisneria americana), coontail (Ceratophyllum

demersum), water milfoils (Myriophyllum spp.), muskgrass (Chara spp.),

stonewort (Nitella spp.), water weeds (Elodea spp.), and water smartweed

(Polygonum amphibium);

(b) lands and submerged lands containing remnants of any vegetation

that is not aquatic or semi-aquatic that has died because of wet

conditions over a sufficiently long period, provided that such wet

conditions do not exceed a maximum seasonal water depth of six feet and

provided further that such conditions can be expected to persist

indefinitely, barring human intervention;

(c) lands and waters substantially enclosed by aquatic or semi-aquatic

vegetation as set forth in paragraph (a) of this subdivision or by dead

vegetation as set forth in paragraph (b) of this subdivision, the

regulation of which is necessary to protect and preserve the aquatic and

semi-aquatic vegetation; and

(d) the waters overlying the areas set forth in paragraphs (a) and (b)

of this subdivision and the lands underlying paragraph (c) of this

subdivision.

2. "Freshwater wetlands map" shall mean a map developed by the

department pursuant to section 24-0301 of this article on which are

indicated the boundaries of any freshwater wetlands. Freshwater wetland

maps depict the approximate location of wetlands and are not necessarily

determinative as to whether a permit is required pursuant to section

24-0701 of this article.

3. "Boundaries of a freshwater wetland" shall mean the outer limit of

the vegetation specified in paragraphs (a) and (b) of subdivision one of

this section and of the lands and waters specified in paragraph (c) of

such subdivision.

4. "Local government" shall mean a village, town, city, or county.

5. "State agency" shall mean any state department, bureau, commission,

board or other agency, public authority or public benefit corporation.

6. "Person" means any corporation, firm, partnership, association,

trust, estate, one or more individuals, and any unit of government or

agency or subdivision thereof, including the state.

7. "Board" shall mean the freshwater wetland appeals board.

8. "Pollution" shall mean the presence in the environment of

human-induced conditions, or contaminants in quantities or

characteristics which are or may be injurious to human, plant or

wildlife, or other animal life or to property.

9. "Unusual importance" shall mean a freshwater wetland, regardless of

size, that possesses one or more of the following characteristics as

determined by the department pursuant to regulations:

(a) it is located in a watershed that has experienced significant

flooding in the past, or is expected to experience significant flooding

in the future from severe storm events related to climate change;

(b) it is located within or adjacent to an urban area, as defined by

the United States census bureau;

(c) it contains a plant species occurring in fewer than thirty-five

sites statewide or having fewer than five thousand individuals

statewide;

(d) it contains habitat for an essential behavior of an endangered or

threatened species or a species of special concern as defined under

section 11-0535 of this chapter or listed as a species of greatest

conservation need in New York's wildlife action plan;

(e) it is classified by the department as a Class I wetland;

(f) it was previously classified and mapped by the department as a

wetland of unusual local importance;

(g) it is a vernal pool that is known to be productive for amphibian

breeding;

(h) it is located in an area designated as a floodway on the most

current Digital Flood Insurance Rate Map (DFIRM) produced by the Federal

Emergency Management Agency;

(i) it was previously mapped by the department as a wetland on or

before December thirty-first, two thousand twenty-four;

(j) it has wetland functions and values that are of local or regional

significance; or

(k) it is determined by the commissioner to be of significant

importance to protecting the state's water quality.

10. "Delineation" shall mean a precise representation of a regulated

freshwater wetland as defined in subdivision one of this section.