N.Y. Environmental Conservation Law § 24-0701: Permits

§ 24-0701. Permits.

1. Any person desiring to conduct activities on freshwater wetlands,

or the regulated areas adjacent to these wetlands set forth in

subdivision two of this section, must obtain a permit as provided in

this title.

2. Activities subject to regulation shall include any form of

draining, dredging, excavation, removal of soil, mud, sand, shells,

gravel or other aggregate from any freshwater wetland, either directly

or indirectly; and any form of dumping, filling, or depositing of any

soil, stones, sand, gravel, mud, rubbish or fill of any kind, either

directly or indirectly; erecting any structures, roads, the driving of

pilings, or placing of any other obstructions whether or not changing

the ebb and flow of the water; any form of pollution, including but not

limited to, installing a septic tank, running a sewer outfall,

discharging sewage treatment effluent or other liquid wastes into or so

as to drain into a freshwater wetland; and any other activity which

substantially impairs any of the several functions served by freshwater

wetlands or the benefits derived therefrom which are set forth in

section 24-0105 of this article. These activities are subject to

regulation whether or not they occur upon the wetland itself, if they

impinge upon or otherwise substantially affect the wetlands and are

located not more than one hundred feet from the boundary of such

wetland. Provided, that a greater distance from any such wetland may be

regulated pursuant to this article by the appropriate local government

or by the department, whichever has jurisdiction over such wetland,

where necessary to protect and preserve the wetland.

3. The depositing or removal of the natural products of the freshwater

wetlands by recreational or commercial fishing, shell-fishing,

aquaculture, hunting or trapping shall be excluded from regulated

activities, where otherwise legally permitted and regulated.

4. On lands in active agricultural use or silviculture use, the

activities of farmers and other landowners in grazing and watering

livestock, making reasonable use of water resources, harvesting natural

products of the wetlands, selectively cutting timber, draining land or

wetlands for growing agricultural products and otherwise engaging in the

use of wetlands or other land for growing agricultural products shall be

excluded from regulated activities and shall not require a permit under

subdivision one of this section, except that structures not required for

enhancement or maintenance of the agricultural productivity of the land

and any filling activities shall not be excluded hereunder, and provided

that the use of land that meets the definition of a freshwater wetland

in section 24-0107 of this article for uses other than those referred to

in this subdivision shall be subject to the provisions of this article.

All activities on lands that meet the definition of a freshwater wetland

shall be subject to the provisions of this article once agricultural or

silviculture activities cease.

5. Public health activities, orders, and regulations of the department

of health shall be excluded from regulated activities. Copies of all

such public health orders and regulations affecting wetlands shall be

filed with the department of environmental conservation. The

commissioner may request modification of such orders or regulations if

he deems such necessary to implement the policy of this article.

6. The commissioner shall review all current mosquito control projects

to determine whether they are having any adverse impact on freshwater

wetlands. Where any adverse impact is found, the commissioner may

require modification of such projects if he deems such necessary for the

implementation of the policies of this article.

7. Where dredging or filling is in navigable waters of the state or is

for the reconstruction or repair of certain dams and docks, and where

such activity also affects freshwater wetlands, any person undertaking

such activity must seek permission under this article as well as under

any other applicable law.

8. On any land that is being developed pursuant to a planned unit

development ordinance or local law where freshwater wetlands are to

remain as open space, development activities shall be permitted in areas

contiguous to such wetlands if the local government affirms that such

activities will not despoil said wetland.