N.Y. Environmental Conservation Law § 24-1301: Miscellaneous provisions

§ 24-1301. Miscellaneous provisions.

1. The provisions of this article shall not be construed to limit in

any manner the functions, powers and duties of the commissioner or the

department of environmental conservation, or of any other state

department or agency, under this chapter or any other laws.

2. The commissioner, his agents or employees and the personnel of the

Adirondack park agency may enter upon any lands or waters after

reasonable notice and for good cause shown for the purpose of

undertaking any investigations, examination, survey, or other activity

for the purposes of this article.

3. The commissioner may adopt and, from time to time, amend rules and

regulations consistent with this article to assist him in carrying out

his functions, powers and duties hereunder.

4. Notwithstanding any other provision of this chapter, a privately

owned parcel of land or part thereof within the county of Richmond that

did not contain a designation as a freshwater wetland on the tentative

freshwater wetlands map filed in the office of the clerk of Richmond

county in 1981 shall not be on any tentative freshwater wetlands map if

the landowner has any written determination from the department pursuant

to subdivision five of section 24-0703 of this article that such parcel

of land or part thereof did not meet the statutory definition of a

freshwater wetland. Such representations shall be considered to have

been definitive when made, and such parcel or part thereof shall not be

designated as a freshwater wetland on any final map filed in the office

of the clerk of Richmond county pursuant to this article. The provisions

of this subdivision shall not apply to any parcel of land or part

thereof, purchased after January first, nineteen hundred eighty-seven,

or to any such parcel or part thereof owned wholly or in part by any

unit of government or agency or subdivision thereof, any authority or

agency existing pursuant to governmental action, or subdivision thereof;

including the state and the city of New York.