N.Y. Environmental Conservation Law § 24-0801: Permits for wetlands in the Adirondack park

§ 24-0801. Permits for wetlands in the Adirondack park.

1. As used in this title, the term "freshwater wetlands", in addition

to its meaning under section 24-0107 of this article, shall mean

"wetlands" as defined in subdivision sixty-eight of section eight

hundred two of article twenty-seven of the executive law.

2. Where the activities otherwise subject to regulation under this

article involve freshwater wetlands located within the boundaries of the

Adirondack park, the inquiries referred to and the applications provided

for in section 24-0703 of this article shall be made to and filed with

the Adirondack park agency at its headquarters office, under such

regulations and procedures as the Adirondack park agency may promulgate.

The Adirondack park agency shall review the application in place of the

commissioner or local government as provided in section 24-0705 of this

article, having due regard for the declaration of policy and statement

of findings set forth in this article and for the considerations set

forth in subdivision one of section 24-0705 of this article. The agency

shall in addition determine prior to the granting of any permit that the

proposed activity will be consistent with the Adirondack park land use

and development plan and would not have an undue adverse impact upon the

natural, scenic, aesthetic, ecological, wildlife, historic, recreational

or open space resources of the park, taking into account the economic

and social or other benefits to be derived from the activity. Any person

may seek review of a ruling made solely pursuant to the provisions of

this article by the Adirondack park agency pursuant to the provisions of

article seventy-eight of the civil practice law and rules.