N.Y. Environmental Conservation Law § 25-0302: Land-use regulation of tidal wetlands

§ 25-0302. Land-use regulation of tidal wetlands.

1. Upon completion of the inventory the commissioner shall adopt

land-use regulations governing the uses of said inventoried wetlands.

In preparing such regulations the commissioner shall be guided by

factors including, but not limited to, the public policy set forth in

this act as well as the present and potential value of the particular

wetland for marine food production, as a wildlife habitat, as an element

of flood and storm control, and as a source of recreation, education and

research. The commissioner shall determine what uses of inventoried

wetlands may be compatible with any or all of the foregoing, and he

shall prepare such appropriate land-use regulations as may permit only

such compatible uses. These regulations shall be filed with the

secretary of state and shall take effect thirty days after such filing.

A copy of such regulations shall also be simultaneously forwarded by

certified mail to the chief administrative officer of each municipality

within whose boundary any such wetland or portion thereof is located. No

permits may be granted by any local body, nor shall any construction or

activity take place at variance with these regulations.

2. The placing of any tidal wetlands under a land-use regulation which

restricts its use shall be deemed a limitation on the use of such

wetlands for the purposes of property tax valuation, in the same manner

as if an easement or right had been acquired under the general municipal

law. Assessment shall be based on present use under the restricting

regulation.