§ 24-0501 — Local freshwater wetlands protection procedures

New York § 24-0501

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 5: Local Implementation
• Art. 24: Freshwater Wetlands

Text

§ 24-0501. Local freshwater wetlands protection procedures.\n 1. On or after September 1, 1975, each local government may adopt,\namend, and implement a freshwater wetlands protection law or ordinance\nin accordance with this article to be applicable to all freshwater\nwetlands wholly or partially within its jurisdiction. No freshwater\nwetlands protection law or ordinance adopted by a county pursuant to\nthis section shall be applicable within the boundaries of any city, town\nor village which has adopted and is implementing a local freshwater\nwetlands protection law or ordinance consistent with this article.\n 2. Said freshwater wetlands protection law or ordinance may be in such\nform and with such procedures prescribed as may be determined by the\nlocal government adopting the same, or it may set forth the procedures\nand concepts contained in this article; provided, however, that no local\nfreshwater wetlands protection law or ordinance enacted pursuant to\nsubdivision one hereof shall be less protective of freshwater wetlands\nor effectiveness of administrative and judicial review, than the\nprocedures set forth in this article, nor shall such local law or\nordinance affect the activities exempted from permit by section 24-0701\nof title seven hereof.\n 3. Adoption by a local government, pursuant to this article, of a\nlocal freshwater wetlands protection law or ordinance by reference to\nthe procedures and concepts set forth herein shall be sufficient if\nreference is made to the procedures and concepts of this article with\nexceptions, additions, and modifications thereto noted; and the\nadoption, once effected, shall include subsequent statutory amendments\nto this article as aforesaid; subject, again, to exception, addition, or\nmodification by such municipality, without time limitation. At any time\nafter a local adoption of the procedures contained in this article, a\nlocal government subject to this section may rescind its adoption\nthereof and simultaneously adopt a local freshwater wetlands protection\nprocedure in accordance with subdivisions one and two of this section.\n 4. Within thirty days after the adoption of a freshwater wetlands\nprotection law or ordinance pursuant to this article, the local\ngovernment shall notify the department thereof, under such terms and\nconditions as the department may prescribe, together with its technical\nand administrative capacity to administer the act. Failure of a local\ngovernment to give such notice shall constitute a transfer of function\npursuant to this subdivision and section 24-0503 of this article.\n 5. A local government or the department shall have the right, in its\nregulation of freshwater wetlands within its jurisdiction, to charge\nsuch fees and expenses to an applicant for official action as shall\nenable it to recover the costs incurred by reason of such application.\n 6. Any local government which defaults or transfers its authority\npursuant to subdivision four of this section or section 24-0503 of this\narticle, may recover such authority at any time by adopting a local\nfreshwater wetland protection local law or ordinance consistent with\nthis article and notifying the county and the department of the\nadoption. Such notice shall be given by certified mail within ten days\nof the adoption thereof. Such local law or ordinance shall not become\neffective in less than sixty nor more than one hundred days from the\nadoption thereof.\n 7. The technical services of the department shall be made available to\nmunicipalities, on a fee basis, in the implementation of the procedure\nherein set forth.\n