§ 24-0703. Applications for permits.\n 1. Any person proposing to conduct or cause to be conducted a\nregulated activity upon any freshwater wetland shall file an application\nfor a permit with the clerk of the local government having jurisdiction\nor the department, as the case may be. Review of the application shall\nbe made by the local government or the commissioner, as the case may be,\nin accordance with applicable law and such rules hereunder as may be\nadopted by the commissioner. Such application shall include a detailed\ndescription of the proposed activity and a map showing the area of\nfreshwater wetland directly affected, with the location of the proposed\nactivity thereon. For any person proposing to conduct or cause to be\nconducted a regulated activity involving the use of
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§ 24-0703. Applications for permits.\n 1. Any person proposing to conduct or cause to be conducted a\nregulated activity upon any freshwater wetland shall file an application\nfor a permit with the clerk of the local government having jurisdiction\nor the department, as the case may be. Review of the application shall\nbe made by the local government or the commissioner, as the case may be,\nin accordance with applicable law and such rules hereunder as may be\nadopted by the commissioner. Such application shall include a detailed\ndescription of the proposed activity and a map showing the area of\nfreshwater wetland directly affected, with the location of the proposed\nactivity thereon. For any person proposing to conduct or cause to be\nconducted a regulated activity involving the use of a pipeline upon any\nfreshwater wetland, such application shall also include the name of the\ninsurance company covering such proposed activity, the amount of\ncoverage and what is covered under the plan. The clerk or commissioner\nshall cause notice of such application to be mailed to all local\ngovernments where the proposed activity or any part of it is located.\n 2. No sooner than thirty days and not later than sixty days after the\nreceipt by a local government of an application, and after notice of\napplication has been published by the applicant in two newspapers having\na general circulation in the area, the local government shall hold a\npublic hearing on such application at a suitable location in the local\ngovernment where the affected wetland is situated unless no notice of\nobjection has been filed or unless the local government finds the\nactivity to be of such a minor nature as not to affect or endanger the\nbalance of systems within the wetlands, in which case the local\ngovernment may, in the exercise of discretion, dispense with such\nhearing. Where the local government finds that a hearing is not\nnecessary, a decision setting forth reasons therefor shall be prepared,\nshall be a matter of public record and shall be mailed to all local\ngovernments where the proposed work or any part of it is located and to\nall persons who filed a statement with the local government following\nthe publication of such notice of application. All owners of record of\nthe adjacent land and the local governments where the proposed activity\nis located shall be notified by certified mail of the hearing not less\nthan fifteen days prior to the date set for such hearing. The local\ngovernment shall cause notice of such hearing to be published in two\nnewspapers having a general circulation in the area where the affected\nfreshwater wetlands are located. All applications and maps and documents\nrelating thereto shall be open for public inspection at the office of\nthe clerk of the local government in which the wetland is situated. At\nsuch hearing any person or persons filing a request for a hearing or a\ntimely notice of appearance may appear and be heard.\n 3. In addition to the provisions of article 70 of this chapter and\nrules and regulations adopted thereunder, the rules and regulations\nadopted by the department pursuant to this article to implement its\nprocessing of permit applications, renewals, modifications, suspensions\nand revocations shall govern permit administration by the department\nunder this article, provided however, that after the department has\ngiven notice to an applicant that an application is complete, or the\napplication is deemed complete, the applicant shall cause a notice of\napplication to be published in a newspaper of general circulation in the\naffected area as provided in rules and regulations of the department.\n 4. The applicant shall have the burden of demonstrating that the\nproposed activity will be in accord with the policies and provisions of\nthis article. To the greatest extent practicable, such hearing shall be\nincorporated with any public hearing required by the town, village,\ngeneral city, general municipal or environmental conservation laws in\nconnection with approvals or permits otherwise required before\ncommencement of regulated activities on lands containing such wetlands.\n 5. Any person may inquire of the department as to whether or not a\ngiven parcel of land includes a freshwater wetland subject to regulation\nor a regulated freshwater wetland adjacent area. The department shall\ngive a definite answer in writing within ninety days of such request as\nto the status of such parcel and whether a permit is required for the\nproposed activity, provided that the person has a delineation verified\nby the department and site-specific development plans. Provided that, in\nthe event that weather or ground conditions prevent the department from\nmaking a determination within ninety days, it may extend such period\nuntil a determination can be made. Such answer in the affirmative shall\nbe reviewable; such an answer in the negative shall be a complete\ndefense to the enforcement of this article as to such parcel of land for\na period of five years from the date the department issues the negative\nanswer.\n