N.Y. Environmental Conservation Law § 24-0505: Exemption from local implementation

§ 24-0505. Exemption from local implementation.

The commissioner, by rule, may exempt from local implementation under

this title those freshwater wetlands which, by reason of their size or

special characteristics of unique environmental value or by reason of

common characteristics, are appropriately to be administered pursuant to

this article by the department alone. Such rule, based upon findings of

fact made after public hearing, may relate to classes of wetlands based

on size or particular characteristics, or to particular wetlands the

characteristics of which make them subject to the exercise of the

commissioner's discretion pursuant to this section. The commissioner

shall make an order to such effect in each such instance and send a

certified copy thereof to the executive officer of each local government

affected thereby within ten days of his signing the same; such order

shall not take effect until forty days after such signing.