§ 24-0503 — Transfer of function to county; supersession by department

§ 24-0503. Transfer of function to county; supersession by department.\n 1. In the event that a town, village, city or county shall certify in\nwriting, as hereinafter provided, that it does not possess the technical\ncapacity or the procedures effectively to carry out the requirements of\nthis title, such local function shall be transferred to the county or\nthe department, as the case may be. The certification of the town,\nvillage or city shall be by certified mail to the chief executive\nofficer of the county, or, in the case of a county, to the commissioner.\n 2. In the event that the commissioner shall find that a local\ngovernment does not possess the technical capacity or the implemented\nprocedures effectively to carry out the requirements of this title, and\nthat his failure to act will entail a default, or the potential of a\ndefault, in freshwater wetlands regulation, the commissioner may\nsupersede the local government and order, alternatively, either that the\nlocal function be transferred to the county, or that the department\nitself undertake the local function, all to the extent necessary to\ncarry out the purposes of this article. The supersession of the local\ngovernment, shall be by order of the commissioner sent, by certified\nmail, to the chief executive officer of the local government involved.\n 3. In the event of transfer or supersession under subdivision one or\ntwo of this section, subsequent proceedings shall be in accordance with\nthe further requirements of this article.\n