§ 25-0202 — Moratorium on alteration of tidal wetlands

New York § 25-0202

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 2: Wetlands Inventory
• Art. 25: Tidal Wetlands

Text

§ 25-0202. Moratorium on alteration of tidal wetlands.\n 1. No person shall alter the state of any tidal wetland or of any area\nimmediately adjacent to such wetland as the commissioner may reasonably\ndeem necessary to preserve in order to effectuate the policies and\nprovisions of this act, prior to the effective date of the land-use\nregulations adopted by the commissioner pursuant to this act, unless a\npermit for such alteration shall have been obtained pursuant to section\n15-0505 of the environmental conservation law. This moratorium shall not\nrestrict in any way any summary action taken by the commissioner under\nsection 71-0301 of the environmental conservation law.\n 2. Any person, upon a showing of hardships caused by this moratorium,\nmay petition the commissioner for a review of the application of the\nmoratorium to any tidal wetland or any area immediately adjacent\nthereto. Within thirty days of the petition being received, the\ncommissioner shall provide the petitioner and any other person an\nopportunity to be heard. Notice of such hearing shall be published in at\nleast two newspapers having a general circulation in the area where the\nwetlands are located, and notice of such hearing shall also be given by\nregistered mail to the chief administrative officer of each municipality\nwithin whose boundary any such wetland or portion thereof is located. If\nthe proposed alterations of the tidal wetlands are not contrary to the\npolicy or any provision of this act, the commissioner may permit the\nalteration to continue during the moratorium, provided that permission\nmay be revoked by the commissioner if its terms are violated and that\nthe permission ends upon completion of the inventory for the area in\nwhich the affected wetlands are located, and provided further that any\nsuch hardship permit issued by the commissioner shall be in addition to,\nand not in lieu of, such permit or permits as may be required by any\nmunicipality within whose boundary such wetland or portion thereof is\nlocated.\n 3. Within thirty days after such permission has been granted or\ndenied, any aggrieved person may seek judicial review of such decision\npursuant to article seventy-eight of the civil practice law and rules in\nthe supreme court for the county in which such wetlands are situated.\n