N.Y. Environmental Conservation Law § 25-0202: Moratorium on alteration of tidal wetlands

§ 25-0202. Moratorium on alteration of tidal wetlands.

1. No person shall alter the state of any tidal wetland or of any area

immediately adjacent to such wetland as the commissioner may reasonably

deem necessary to preserve in order to effectuate the policies and

provisions of this act, prior to the effective date of the land-use

regulations adopted by the commissioner pursuant to this act, unless a

permit for such alteration shall have been obtained pursuant to section

15-0505 of the environmental conservation law. This moratorium shall not

restrict in any way any summary action taken by the commissioner under

section 71-0301 of the environmental conservation law.

2. Any person, upon a showing of hardships caused by this moratorium,

may petition the commissioner for a review of the application of the

moratorium to any tidal wetland or any area immediately adjacent

thereto. Within thirty days of the petition being received, the

commissioner shall provide the petitioner and any other person an

opportunity to be heard. Notice of such hearing shall be published in at

least two newspapers having a general circulation in the area where the

wetlands are located, and notice of such hearing shall also be given by

registered mail to the chief administrative officer of each municipality

within whose boundary any such wetland or portion thereof is located. If

the proposed alterations of the tidal wetlands are not contrary to the

policy or any provision of this act, the commissioner may permit the

alteration to continue during the moratorium, provided that permission

may be revoked by the commissioner if its terms are violated and that

the permission ends upon completion of the inventory for the area in

which the affected wetlands are located, and provided further that any

such hardship permit issued by the commissioner shall be in addition to,

and not in lieu of, such permit or permits as may be required by any

municipality within whose boundary such wetland or portion thereof is

located.

3. Within thirty days after such permission has been granted or

denied, any aggrieved person may seek judicial review of such decision

pursuant to article seventy-eight of the civil practice law and rules in

the supreme court for the county in which such wetlands are situated.