N.Y. Environmental Conservation Law § 25-0201: Inventory of tidal wetlands

§ 25-0201. Inventory of tidal wetlands.

1. The commissioner shall as soon as practicable make an inventory of

all tidal wetlands in the state of New York. This inventory, and any

restrictive orders issued pursuant to section 25-0302 of this act, shall

comprise a part of the statewide environmental plan as provided for in

section 3-0303 of the environmental conservation law.

2. The inventory shall set forth the boundaries of such wetlands using

such photographic and cartographic standards and techniques as the

commissioner may deem reasonable and appropriate in order to provide

clear and accurate maps of the tidal wetlands of the state for the

purpose of effectuating the policies and provisions of this act. Said

boundaries shall generally delineate all tidal wetlands in the state as

defined in section 25-0101 of this act. At least sixty days prior to the

commencement of the inventory the commissioner shall file with the

secretary of state a detailed description of the technical methods and

requirements to be utilized in compiling the inventory, and he shall

afford the public an opportunity to submit written comments thereon.

3. Upon completion of a tentative tidal wetlands boundary map for a

particular area, the commissioner or his designated hearing officer

shall hold a public hearing in order to afford an opportunity for any

person to propose additions or deletions from such map. The commissioner

shall give notice of such hearing to each owner of record of all lands

designated as such wetland as shown on such maps, and also to the chief

administrative officer of each municipality within whose boundary any

such wetland or portion thereof is located, by certified mail, return

receipt requested, not less than thirty days prior to the date set for

such hearing. The commissioner shall also cause notice of such hearing

to be published at least once, not more than thirty days nor fewer than

ten days before the date set for such hearing, in at least two

newspapers having a general circulation in the area where such wetlands

are located.

4. After considering the testimony given at such hearing and any other

facts which may be deemed pertinent and after considering the rights of

affected property owners and the policy and purposes of this act, the

commissioner shall establish by order the final bounds of each such

wetland. A copy of the order, together with a copy of the map depicting

such final boundary lines, shall be filed in the office of the clerk of

the county in which each such wetland is located. The commissioner shall

simultaneously give notice of such order to each owner of all lands

designated as such wetlands by mailing a copy of such order to such

owner. The commissioner shall also simultaneously give notice of such

order by certified mail to the chief administrative officer of each

municipality within whose boundary any such wetland or portion thereof

is located. The commissioner shall also cause a copy of such order to be

published in at least two newspapers having a general circulation in the

area where such wetlands are located.

5. Any person aggrieved by such order 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 tidal wetlands are

located, within thirty days after the date of the filing of the order

with the clerk of the county in which such wetlands are located.

6. The commissioner shall supervise the maintenance of such boundary

maps, which shall be available to the public for inspection and

examination. The statewide inventory shall be readjusted from time to

time as may be necessary to reflect such natural changes as have

occurred through erosion, accretion, and otherwise and also to reflect

such other changes as have occurred as a result of the granting of

permits pursuant to section 25-0403 of this act.