§ 25-0201 — Inventory of tidal wetlands

§ 25-0201. Inventory of tidal wetlands.\n 1. The commissioner shall as soon as practicable make an inventory of\nall tidal wetlands in the state of New York. This inventory, and any\nrestrictive orders issued pursuant to section 25-0302 of this act, shall\ncomprise a part of the statewide environmental plan as provided for in\nsection 3-0303 of the environmental conservation law.\n 2. The inventory shall set forth the boundaries of such wetlands using\nsuch photographic and cartographic standards and techniques as the\ncommissioner may deem reasonable and appropriate in order to provide\nclear and accurate maps of the tidal wetlands of the state for the\npurpose of effectuating the policies and provisions of this act. Said\nboundaries shall generally delineate all tidal wetlands in the state as\ndefined in section 25-0101 of this act. At least sixty days prior to the\ncommencement of the inventory the commissioner shall file with the\nsecretary of state a detailed description of the technical methods and\nrequirements to be utilized in compiling the inventory, and he shall\nafford the public an opportunity to submit written comments thereon.\n 3. Upon completion of a tentative tidal wetlands boundary map for a\nparticular area, the commissioner or his designated hearing officer\nshall hold a public hearing in order to afford an opportunity for any\nperson to propose additions or deletions from such map. The commissioner\nshall give notice of such hearing to each owner of record of all lands\ndesignated as such wetland as shown on such maps, and also to the chief\nadministrative officer of each municipality within whose boundary any\nsuch wetland or portion thereof is located, by certified mail, return\nreceipt requested, not less than thirty days prior to the date set for\nsuch hearing. The commissioner shall also cause notice of such hearing\nto be published at least once, not more than thirty days nor fewer than\nten days before the date set for such hearing, in at least two\nnewspapers having a general circulation in the area where such wetlands\nare located.\n 4. After considering the testimony given at such hearing and any other\nfacts which may be deemed pertinent and after considering the rights of\naffected property owners and the policy and purposes of this act, the\ncommissioner shall establish by order the final bounds of each such\nwetland. A copy of the order, together with a copy of the map depicting\nsuch final boundary lines, shall be filed in the office of the clerk of\nthe county in which each such wetland is located. The commissioner shall\nsimultaneously give notice of such order to each owner of all lands\ndesignated as such wetlands by mailing a copy of such order to such\nowner. The commissioner shall also simultaneously give notice of such\norder by certified mail to the chief administrative officer of each\nmunicipality within whose boundary any such wetland or portion thereof\nis located. The commissioner shall also cause a copy of such order to be\npublished in at least two newspapers having a general circulation in the\narea where such wetlands are located.\n 5. Any person aggrieved by such order may seek judicial review\npursuant to article seventy-eight of the civil practice law and rules in\nthe supreme court for the county in which the tidal wetlands are\nlocated, within thirty days after the date of the filing of the order\nwith the clerk of the county in which such wetlands are located.\n 6. The commissioner shall supervise the maintenance of such boundary\nmaps, which shall be available to the public for inspection and\nexamination. The statewide inventory shall be readjusted from time to\ntime as may be necessary to reflect such natural changes as have\noccurred through erosion, accretion, and otherwise and also to reflect\nsuch other changes as have occurred as a result of the granting of\npermits pursuant to section 25-0403 of this act.\n