N.Y. Environmental Conservation Law § 24-0301: Commissioner's study

§ 24-0301. Commissioner's study.

1. Except as provided in subdivision three of this section, the

commissioner shall supervise the maintenance of freshwater wetlands

maps, which shall be available to the public for inspection and

examination at the regional office of the department in which the

wetlands are wholly or partly located on the department's website.

Digital files of freshwater wetland maps may also be made available,

upon request, to the clerk of each county, city, town, or village in

which each such wetland or a portion thereof is located. The

commissioner may readjust the map at any time to more accurately depict

the approximate location of wetlands, provided however, that a

description of such changes shall be made available on the department's

website along with the date such changes were made.

2. Except as provided in subdivision three of this section, the

commissioner may, upon their own initiative, and shall, upon a written

request by a landowner whose land or a portion thereof may be included

within a wetland, or upon the written request of another person or

persons or an official body whose interests are shown to be affected,

cause to be delineated the boundary line or lines of a freshwater

wetland or a portion thereof. The commissioner shall undertake to

delineate the boundary of a particular wetland or wetlands, or a

particular part of the boundary thereof only upon a showing by the

applicant therefor of good cause for such delineation and the

establishment of such line. Such delineation shall be effective for a

period of five years from the date of such delineation.

3. The supervision of the maintenance of any freshwater wetlands map

or portion thereof applicable to wetlands within the Adirondack park,

the readjustment and precise delineation of wetland boundary lines and

the other functions and duties ascribed to the commissioner by

subdivisions one and two of this section shall be performed by the

Adirondack park agency, which shall make such maps available for public

inspection and examination at its headquarters and on the agency's

website.

4. There is a rebuttable presumption that mapped and unmapped areas

meeting the definition of a freshwater wetland in this article are

regulated and subject to permit requirements. This presumption may be

rebutted by presenting information to the department that the area does

not meet the definition contained in this article. A wetland delineation

by the department, or a verification by the department of a wetland

delineation by another party, is required to identify the regulated

freshwater wetland boundary in a particular location.

5. By January 1, 2025, in addition to any ongoing aerial photography,

soil surveys or field verifications being conducted by the department,

the department shall accept information from federal government sources,

other state sources, local governments, colleges, universities,

environmental organizations or other private agencies, regarding the

location of freshwater wetlands.

6. By January 1, 2025, the department shall make educational materials

available on its website to inform landowners and local governments of

the process for determining how to identify freshwater wetlands.