§ 24-0803 — Transfer of jurisdiction to local government

New York § 24-0803

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 8: Regulation of Wetlands In the Adirondack Park
• Art. 24: Freshwater Wetlands

Text

§ 24-0803. Transfer of jurisdiction to local government.\n 1. Notwithstanding anything in article twenty-seven of the executive\nlaw to the contrary, the Adirondack park agency may transfer to a town\nor village any or all of its jurisdiction over regulated activities\nconducted upon, or land use and development or subdivision involving,\nthose wetlands located on private lands which it finds, due to their\nsize or other characteristics, are of lesser regional importance and are\nappropriately to be administered by such local governments alone.\n 2. The agency shall not transfer such jurisdiction unless the town or\nvillage (a) has adopted and implemented a local freshwater wetlands\nprotection law or ordinance or has in a local land use program provided\nby local law or ordinance for the protection of such wetlands, which law\nor ordinance:\n (i) meets the criteria set forth in subdivision two of section 24-0501\nof this article,\n (ii) provides for a review of regulated activities, land use and\ndevelopment and subdivision pursuant to the standards set forth in\nsubdivision two of section 24-0801 of this article, and\n (iii) contains at a minimum land use regulations meeting the criteria\nof subdivision one of section 24-0903 of this article; and\n (b) possesses the technical or administrative capacity to administer\nthe local law or ordinance.\n 3. In connection with a transfer of its jurisdiction pursuant to this\nsection, the agency may impose reasonable conditions in furtherance of\nthe policies and purposes of this article and of article twenty-seven of\nthe executive law.\n 4. A local government regulating wetlands pursuant to this section\nshall have the right to charge such fees and expenses to an applicant\nfor official action as shall enable it to recover the costs incurred by\nreason of such application.\n 5. The technical services of the department or the agency shall be\nmade available to towns and villages, on a fee basis, in the\nimplementation of the procedures set forth in this section.\n