§ 24-0903 — Land use regulations for freshwater wetlands

§ 24-0903. Land use regulations for freshwater wetlands.\n 1. The commissioner shall classify freshwater wetlands according to\ntheir most appropriate uses, in light of the values set forth in section\n24-0105 of this article and the present conditions of such wetlands. The\ncommissioner shall determine what uses of such wetlands are most\ncompatible with the foregoing and shall prepare minimum land use\nregulations to permit only such compatible uses. The classifications may\ncover freshwater wetlands in more than one governmental subdivision.\nPermits pursuant to section 24-0701 of this article are required whether\nor not a classification has been promulgated.\n 2. The commissioner shall upon completion of minimum land use\nregulations as provided in subdivision one of this section, forward the\nsame to the local governments affected thereby. Within six months of\nreceipt of the minimum land use regulations, the legislative body of\neach such local government shall submit to the commissioner proposed\nregulations governing the freshwater wetlands within its boundaries.\nSuch proposed regulations shall be consistent with the purposes of this\narticle and may be more restrictive than the minimum land use\nregulations as determined by the commissioner under this article. Where\nthe proposed local wetlands use regulations do not meet the minimum land\nuse regulations as determined by the commissioner, the proposed local\nregulations shall be accompanied by supporting materials setting forth,\namong other things, that there are overriding economic and social\nconsiderations vital to the growth and economic base of such local\ngovernment that clearly require such variance.\n 3. If the commissioner finds that the proposals meet the conditions\nstated in subdivision two of this section, the commissioner, after\ntaking into consideration their effect on other local governments, may\napprove said local land use regulations.\n 4. In the event the commissioner does not approve local freshwater\nwetlands land use regulations, he shall then frame land use regulations\ngoverning such freshwater wetlands.\n 5. Prior to the adoption of any land use regulations governing\nfreshwater wetlands, the commissioner shall hold a public hearing\nthereon in the area in which the affected freshwater wetlands are\nlocated, and give fifteen days prior notice thereof by posting on the\ndepartment's website or by publication at least once in a newspaper\nhaving general circulation in the area of the local government involved.\nThe commissioner shall promulgate the regulations and post such order on\nthe department's website or publish such order in a newspaper having\ngeneral circulation in the area of the local government affected and\nmake such plan available for public inspection and review.\n 6. The commissioner shall accept and review applications to change the\nregulations annually.\n 7. Any person aggrieved by any such order or regulation may seek\njudicial review pursuant to article seventy-eight of the civil practice\nlaw and rules in the supreme court for the county in which the\nfreshwater wetland is located, within thirty days after the date of the\nfiling of the order with the clerk of the county in which the wetland is\nlocated.\n 8. Except as provided in section 24-0805 of this article, this section\nshall not apply to freshwater wetlands or portions thereof located\nwithin the Adirondack park.\n