N.Y. Environmental Conservation Law § 25-0401: Regulated activities

§ 25-0401. Regulated activities.

1. After completion of the inventory prescribed in title 2 of this

article with respect to any tidal wetland, no person may conduct any of

the activities set forth in subdivision 2 of this section unless he has

obtained a permit from the commissioner to do so. The 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.

2. Activities subject to regulation hereunder include any form of

draining, dredging, excavation, and removal either directly or

indirectly, of soil, mud, sand, shells, gravel or other aggregate from

any tidal wetland; any form of dumping, filling, or depositing, either

directly or indirectly, of any soil, stones, sand, gravel, mud, rubbish,

or fill of any kind; the erection of any structures or roads, the

driving of any pilings or placing of any other obstructions, whether or

not changing the ebb and flow of the tide, and any other activity within

or immediately adjacent to inventoried wetlands which may substantially

impair or alter the natural condition of the tidal wetland area.

3. The depositing or removal of the natural products of the tidal

wetlands by recreational or commercial fishing, shellfishing,

aquaculture, hunting or trapping, shall be excluded from regulation

hereunder, where otherwise legally permitted.

4. Activities, orders, and regulations of the department of health or

of units of local government with respect to matters of public health

shall be excluded from regulation hereunder, except as hereinafter

provided. Copies of all such public health orders and regulations

affecting tidal wetlands shall be filed with the department of

environmental conservation. The commissioner may require modification of

such orders or regulations if he deems it necessary to implement the

policy of this act.

5. The commissioner shall review all current mosquito control projects

to determine whether they are having any adverse impact on tidal

wetlands. Where any adverse impact is found, the commissioner following

a public hearing, may require modification of such projects if he deems

it necessary to implement the policy of this act.

6. Where the dredging or filling is in the navigable waters of the

state or is for the reconstruction or repair of certain dams and docks,

and where such activity also substantially affects tidal wetlands, any

person undertaking such activity must seek permission under this act as

well as under any other applicable law.