N.Y. Environmental Conservation Law § 24-0803: Transfer of jurisdiction to local government

§ 24-0803. Transfer of jurisdiction to local government.

1. Notwithstanding anything in article twenty-seven of the executive

law to the contrary, the Adirondack park agency may transfer to a town

or village any or all of its jurisdiction over regulated activities

conducted upon, or land use and development or subdivision involving,

those wetlands located on private lands which it finds, due to their

size or other characteristics, are of lesser regional importance and are

appropriately to be administered by such local governments alone.

2. The agency shall not transfer such jurisdiction unless the town or

village (a) has adopted and implemented a local freshwater wetlands

protection law or ordinance or has in a local land use program provided

by local law or ordinance for the protection of such wetlands, which law

or ordinance:

(i) meets the criteria set forth in subdivision two of section 24-0501

of this article,

(ii) provides for a review of regulated activities, land use and

development and subdivision pursuant to the standards set forth in

subdivision two of section 24-0801 of this article, and

(iii) contains at a minimum land use regulations meeting the criteria

of subdivision one of section 24-0903 of this article; and

(b) possesses the technical or administrative capacity to administer

the local law or ordinance.

3. In connection with a transfer of its jurisdiction pursuant to this

section, the agency may impose reasonable conditions in furtherance of

the policies and purposes of this article and of article twenty-seven of

the executive law.

4. A local government regulating wetlands pursuant to this section

shall have the right to charge such fees and expenses to an applicant

for official action as shall enable it to recover the costs incurred by

reason of such application.

5. The technical services of the department or the agency shall be

made available to towns and villages, on a fee basis, in the

implementation of the procedures set forth in this section.