N.Y. Environmental Conservation Law § 24-0903: Land use regulations for freshwater wetlands

§ 24-0903. Land use regulations for freshwater wetlands.

1. The commissioner shall classify freshwater wetlands according to

their most appropriate uses, in light of the values set forth in section

24-0105 of this article and the present conditions of such wetlands. The

commissioner shall determine what uses of such wetlands are most

compatible with the foregoing and shall prepare minimum land use

regulations to permit only such compatible uses. The classifications may

cover freshwater wetlands in more than one governmental subdivision.

Permits pursuant to section 24-0701 of this article are required whether

or not a classification has been promulgated.

2. The commissioner shall upon completion of minimum land use

regulations as provided in subdivision one of this section, forward the

same to the local governments affected thereby. Within six months of

receipt of the minimum land use regulations, the legislative body of

each such local government shall submit to the commissioner proposed

regulations governing the freshwater wetlands within its boundaries.

Such proposed regulations shall be consistent with the purposes of this

article and may be more restrictive than the minimum land use

regulations as determined by the commissioner under this article. Where

the proposed local wetlands use regulations do not meet the minimum land

use regulations as determined by the commissioner, the proposed local

regulations shall be accompanied by supporting materials setting forth,

among other things, that there are overriding economic and social

considerations vital to the growth and economic base of such local

government that clearly require such variance.

3. If the commissioner finds that the proposals meet the conditions

stated in subdivision two of this section, the commissioner, after

taking into consideration their effect on other local governments, may

approve said local land use regulations.

4. In the event the commissioner does not approve local freshwater

wetlands land use regulations, he shall then frame land use regulations

governing such freshwater wetlands.

5. Prior to the adoption of any land use regulations governing

freshwater wetlands, the commissioner shall hold a public hearing

thereon in the area in which the affected freshwater wetlands are

located, and give fifteen days prior notice thereof by posting on the

department's website or by publication at least once in a newspaper

having general circulation in the area of the local government involved.

The commissioner shall promulgate the regulations and post such order on

the department's website or publish such order in a newspaper having

general circulation in the area of the local government affected and

make such plan available for public inspection and review.

6. The commissioner shall accept and review applications to change the

regulations annually.

7. Any person aggrieved by any such order or regulation may seek

judicial review pursuant to article seventy-eight of the civil practice

law and rules in the supreme court for the county in which the

freshwater wetland is located, within thirty days after the date of the

filing of the order with the clerk of the county in which the wetland is

located.

8. Except as provided in section 24-0805 of this article, this section

shall not apply to freshwater wetlands or portions thereof located

within the Adirondack park.