N.Y. Environmental Conservation Law § 24-0503: Transfer of function to county; supersession by department

§ 24-0503. Transfer of function to county; supersession by department.

1. In the event that a town, village, city or county shall certify in

writing, as hereinafter provided, that it does not possess the technical

capacity or the procedures effectively to carry out the requirements of

this title, such local function shall be transferred to the county or

the department, as the case may be. The certification of the town,

village or city shall be by certified mail to the chief executive

officer of the county, or, in the case of a county, to the commissioner.

2. In the event that the commissioner shall find that a local

government does not possess the technical capacity or the implemented

procedures effectively to carry out the requirements of this title, and

that his failure to act will entail a default, or the potential of a

default, in freshwater wetlands regulation, the commissioner may

supersede the local government and order, alternatively, either that the

local function be transferred to the county, or that the department

itself undertake the local function, all to the extent necessary to

carry out the purposes of this article. The supersession of the local

government, shall be by order of the commissioner sent, by certified

mail, to the chief executive officer of the local government involved.

3. In the event of transfer or supersession under subdivision one or

two of this section, subsequent proceedings shall be in accordance with

the further requirements of this article.