§ 24-0705 — Granting permits

§ 24-0705. Granting permits.\n 1. In granting, denying or limiting any permit, the local government\nor the commissioner shall consider the effect of the proposed activity\nwith reference to the public health and welfare, climate change,\nfishing, flood, hurricane and storm dangers, and protection or\nenhancement of the several functions of the freshwater wetlands and the\nbenefits derived therefrom which are set forth in section 24-0103 of\nthis article. The effects of the proposed activity shall be considered\nby the department or a local government, as the case may be,\nirrespective of political boundaries.\n 2. Duly filed notice in writing that the state or any agency or\nsubdivision thereof is in the process of acquiring any freshwater\nwetlands by negotiation or condemnation shall be sufficient basis for\ndenial of any permit.\n 3. No permit shall be granted under this section unless the proposed\nactivity is consistent with the land use regulations applicable pursuant\nto section 24-0903 of this article within the boundaries of the local\ngovernment involved and with the policy set forth in section 24-0103 of\nthis article.\n 4. In granting a permit, the local government or the commissioner may\nlimit the same or impose conditions or limitations designed to carry out\nthe public policy set forth in this article. The local government or the\ncommissioner may require a bond in an amount and with surety and\nconditions satisfactory to him securing to the state or local\ngovernment, as the case may be, compliance with the conditions and\nlimitations set forth in the permit. The local government may suspend or\nrevoke a permit if it finds that the applicant has not complied with any\nof the conditions or limitations set forth in the permit or has exceeded\nthe scope of the activity as set forth in the application. The local\ngovernment may suspend the permit if the applicant fails to comply with\nthe terms and conditions set forth in the application. Department\nsuspension and revocation proceedings shall be governed by the\nprovisions of article 70 of this chapter and rules and regulations\nadopted thereunder and by the provisions of rules and regulations\nadopted by the department as provided in section 24-1301 of this\narticle.\n 5. The local government or the commissioner shall state upon the\nrecord findings and reasons for all actions taken pursuant to this\nsection.\n 6. Review of the determination of the local government or of the\ncommissioner shall be, within a period of thirty days after the filing\nthereof, pursuant to the provisions of article seventy-eight of the\ncivil practice law and rules. Any owner of the wetland affected and any\nresident or citizen of the local government shall be deemed to have the\nrequisite standing to seek review.\n 7. In the event that the court finds the action reviewed constitutes a\ntaking without just compensation, and the land so regulated merits\nprotection under this article, the court may, at the election of the\ncommissioner, either (i) set aside the order or (ii) require the\ncommissioner to proceed under the condemnation law to acquire the\nwetlands or such less than fee rights therein as have been taken.\n