N.Y. Environmental Conservation Law § 24-0501: Local freshwater wetlands protection procedures

§ 24-0501. Local freshwater wetlands protection procedures.

1. On or after September 1, 1975, each local government may adopt,

amend, and implement a freshwater wetlands protection law or ordinance

in accordance with this article to be applicable to all freshwater

wetlands wholly or partially within its jurisdiction. No freshwater

wetlands protection law or ordinance adopted by a county pursuant to

this section shall be applicable within the boundaries of any city, town

or village which has adopted and is implementing a local freshwater

wetlands protection law or ordinance consistent with this article.

2. Said freshwater wetlands protection law or ordinance may be in such

form and with such procedures prescribed as may be determined by the

local government adopting the same, or it may set forth the procedures

and concepts contained in this article; provided, however, that no local

freshwater wetlands protection law or ordinance enacted pursuant to

subdivision one hereof shall be less protective of freshwater wetlands

or effectiveness of administrative and judicial review, than the

procedures set forth in this article, nor shall such local law or

ordinance affect the activities exempted from permit by section 24-0701

of title seven hereof.

3. Adoption by a local government, pursuant to this article, of a

local freshwater wetlands protection law or ordinance by reference to

the procedures and concepts set forth herein shall be sufficient if

reference is made to the procedures and concepts of this article with

exceptions, additions, and modifications thereto noted; and the

adoption, once effected, shall include subsequent statutory amendments

to this article as aforesaid; subject, again, to exception, addition, or

modification by such municipality, without time limitation. At any time

after a local adoption of the procedures contained in this article, a

local government subject to this section may rescind its adoption

thereof and simultaneously adopt a local freshwater wetlands protection

procedure in accordance with subdivisions one and two of this section.

4. Within thirty days after the adoption of a freshwater wetlands

protection law or ordinance pursuant to this article, the local

government shall notify the department thereof, under such terms and

conditions as the department may prescribe, together with its technical

and administrative capacity to administer the act. Failure of a local

government to give such notice shall constitute a transfer of function

pursuant to this subdivision and section 24-0503 of this article.

5. A local government or the department shall have the right, in its

regulation of freshwater wetlands within its jurisdiction, to charge

such fees and expenses to an applicant for official action as shall

enable it to recover the costs incurred by reason of such application.

6. Any local government which defaults or transfers its authority

pursuant to subdivision four of this section or section 24-0503 of this

article, may recover such authority at any time by adopting a local

freshwater wetland protection local law or ordinance consistent with

this article and notifying the county and the department of the

adoption. Such notice shall be given by certified mail within ten days

of the adoption thereof. Such local law or ordinance shall not become

effective in less than sixty nor more than one hundred days from the

adoption thereof.

7. The technical services of the department shall be made available to

municipalities, on a fee basis, in the implementation of the procedure

herein set forth.