§ 24-0701 — Permits

§ 24-0701. Permits.\n 1. Any person desiring to conduct activities on freshwater wetlands,\nor the regulated areas adjacent to these wetlands set forth in\nsubdivision two of this section, must obtain a permit as provided in\nthis title.\n 2. Activities subject to regulation shall include any form of\ndraining, dredging, excavation, removal of soil, mud, sand, shells,\ngravel or other aggregate from any freshwater wetland, either directly\nor indirectly; and any form of dumping, filling, or depositing of any\nsoil, stones, sand, gravel, mud, rubbish or fill of any kind, either\ndirectly or indirectly; erecting any structures, roads, the driving of\npilings, or placing of any other obstructions whether or not changing\nthe ebb and flow of the water; any form of pollution, including but not\nlimited to, installing a septic tank, running a sewer outfall,\ndischarging sewage treatment effluent or other liquid wastes into or so\nas to drain into a freshwater wetland; and any other activity which\nsubstantially impairs any of the several functions served by freshwater\nwetlands or the benefits derived therefrom which are set forth in\nsection 24-0105 of this article. These activities are subject to\nregulation whether or not they occur upon the wetland itself, if they\nimpinge upon or otherwise substantially affect the wetlands and are\nlocated not more than one hundred feet from the boundary of such\nwetland. Provided, that a greater distance from any such wetland may be\nregulated pursuant to this article by the appropriate local government\nor by the department, whichever has jurisdiction over such wetland,\nwhere necessary to protect and preserve the wetland.\n 3. The depositing or removal of the natural products of the freshwater\nwetlands by recreational or commercial fishing, shell-fishing,\naquaculture, hunting or trapping shall be excluded from regulated\nactivities, where otherwise legally permitted and regulated.\n 4. On lands in active agricultural use or silviculture use, the\nactivities of farmers and other landowners in grazing and watering\nlivestock, making reasonable use of water resources, harvesting natural\nproducts of the wetlands, selectively cutting timber, draining land or\nwetlands for growing agricultural products and otherwise engaging in the\nuse of wetlands or other land for growing agricultural products shall be\nexcluded from regulated activities and shall not require a permit under\nsubdivision one of this section, except that structures not required for\nenhancement or maintenance of the agricultural productivity of the land\nand any filling activities shall not be excluded hereunder, and provided\nthat the use of land that meets the definition of a freshwater wetland\nin section 24-0107 of this article for uses other than those referred to\nin this subdivision shall be subject to the provisions of this article.\nAll activities on lands that meet the definition of a freshwater wetland\nshall be subject to the provisions of this article once agricultural or\nsilviculture activities cease.\n 5. Public health activities, orders, and regulations of the department\nof health shall be excluded from regulated activities. Copies of all\nsuch public health orders and regulations affecting wetlands shall be\nfiled with the department of environmental conservation. The\ncommissioner may request modification of such orders or regulations if\nhe deems such necessary to implement the policy of this article.\n 6. The commissioner shall review all current mosquito control projects\nto determine whether they are having any adverse impact on freshwater\nwetlands. Where any adverse impact is found, the commissioner may\nrequire modification of such projects if he deems such necessary for the\nimplementation of the policies of this article.\n 7. Where dredging or filling is in navigable waters of the state or is\nfor the reconstruction or repair of certain dams and docks, and where\nsuch activity also affects freshwater wetlands, any person undertaking\nsuch activity must seek permission under this article as well as under\nany other applicable law.\n 8. On any land that is being developed pursuant to a planned unit\ndevelopment ordinance or local law where freshwater wetlands are to\nremain as open space, development activities shall be permitted in areas\ncontiguous to such wetlands if the local government affirms that such\nactivities will not despoil said wetland.\n