§ 24-0301 — Commissioner's study

New York § 24-0301

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 3: Freshwater Wetlands Studies; Notification and Maps
• Art. 24: Freshwater Wetlands

Text

§ 24-0301. Commissioner's study.\n 1. Except as provided in subdivision three of this section, the\ncommissioner shall supervise the maintenance of freshwater wetlands\nmaps, which shall be available to the public for inspection and\nexamination at the regional office of the department in which the\nwetlands are wholly or partly located on the department's website.\nDigital files of freshwater wetland maps may also be made available,\nupon request, to the clerk of each county, city, town, or village in\nwhich each such wetland or a portion thereof is located. The\ncommissioner may readjust the map at any time to more accurately depict\nthe approximate location of wetlands, provided however, that a\ndescription of such changes shall be made available on the department's\nwebsite along with the date such changes were made.\n 2. Except as provided in subdivision three of this section, the\ncommissioner may, upon their own initiative, and shall, upon a written\nrequest by a landowner whose land or a portion thereof may be included\nwithin a wetland, or upon the written request of another person or\npersons or an official body whose interests are shown to be affected,\ncause to be delineated the boundary line or lines of a freshwater\nwetland or a portion thereof. The commissioner shall undertake to\ndelineate the boundary of a particular wetland or wetlands, or a\nparticular part of the boundary thereof only upon a showing by the\napplicant therefor of good cause for such delineation and the\nestablishment of such line. Such delineation shall be effective for a\nperiod of five years from the date of such delineation.\n 3. The supervision of the maintenance of any freshwater wetlands map\nor portion thereof applicable to wetlands within the Adirondack park,\nthe readjustment and precise delineation of wetland boundary lines and\nthe other functions and duties ascribed to the commissioner by\nsubdivisions one and two of this section shall be performed by the\nAdirondack park agency, which shall make such maps available for public\ninspection and examination at its headquarters and on the agency's\nwebsite.\n 4. There is a rebuttable presumption that mapped and unmapped areas\nmeeting the definition of a freshwater wetland in this article are\nregulated and subject to permit requirements. This presumption may be\nrebutted by presenting information to the department that the area does\nnot meet the definition contained in this article. A wetland delineation\nby the department, or a verification by the department of a wetland\ndelineation by another party, is required to identify the regulated\nfreshwater wetland boundary in a particular location.\n 5. By January 1, 2025, in addition to any ongoing aerial photography,\nsoil surveys or field verifications being conducted by the department,\nthe department shall accept information from federal government sources,\nother state sources, local governments, colleges, universities,\nenvironmental organizations or other private agencies, regarding the\nlocation of freshwater wetlands.\n 6. By January 1, 2025, the department shall make educational materials\navailable on its website to inform landowners and local governments of\nthe process for determining how to identify freshwater wetlands.\n