N.Y. Environmental Conservation Law § 24-0705: Granting permits

§ 24-0705. Granting permits.

1. In granting, denying or limiting any permit, the local government

or the commissioner shall consider the effect of the proposed activity

with reference to the public health and welfare, climate change,

fishing, flood, hurricane and storm dangers, and protection or

enhancement of the several functions of the freshwater wetlands and the

benefits derived therefrom which are set forth in section 24-0103 of

this article. The effects of the proposed activity shall be considered

by the department or a local government, as the case may be,

irrespective of political boundaries.

2. Duly filed notice in writing that the state or any agency or

subdivision thereof is in the process of acquiring any freshwater

wetlands by negotiation or condemnation shall be sufficient basis for

denial of any permit.

3. No permit shall be granted under this section unless the proposed

activity is consistent with the land use regulations applicable pursuant

to section 24-0903 of this article within the boundaries of the local

government involved and with the policy set forth in section 24-0103 of

this article.

4. In granting a permit, the local government or the commissioner may

limit the same or impose conditions or limitations designed to carry out

the public policy set forth in this article. The local government or the

commissioner may require a bond in an amount and with surety and

conditions satisfactory to him securing to the state or local

government, as the case may be, compliance with the conditions and

limitations set forth in the permit. The local government may suspend or

revoke a permit if it finds that the applicant has not complied with any

of the conditions or limitations set forth in the permit or has exceeded

the scope of the activity as set forth in the application. The local

government may suspend the permit if the applicant fails to comply with

the terms and conditions set forth in the application. Department

suspension and revocation proceedings shall be governed by the

provisions of article 70 of this chapter and rules and regulations

adopted thereunder and by the provisions of rules and regulations

adopted by the department as provided in section 24-1301 of this

article.

5. The local government or the commissioner shall state upon the

record findings and reasons for all actions taken pursuant to this

section.

6. Review of the determination of the local government or of the

commissioner shall be, within a period of thirty days after the filing

thereof, pursuant to the provisions of article seventy-eight of the

civil practice law and rules. Any owner of the wetland affected and any

resident or citizen of the local government shall be deemed to have the

requisite standing to seek review.

7. In the event that the court finds the action reviewed constitutes a

taking without just compensation, and the land so regulated merits

protection under this article, the court may, at the election of the

commissioner, either (i) set aside the order or (ii) require the

commissioner to proceed under the condemnation law to acquire the

wetlands or such less than fee rights therein as have been taken.