§ 25-0302 — Land-use regulation of tidal wetlands

New York § 25-0302

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 3: Program and Land-use Regulation For Tidal Wetlands
• Art. 25: Tidal Wetlands

Text

§ 25-0302. Land-use regulation of tidal wetlands.\n 1. Upon completion of the inventory the commissioner shall adopt\nland-use regulations governing the uses of said inventoried wetlands.\nIn preparing such regulations the commissioner shall be guided by\nfactors including, but not limited to, the public policy set forth in\nthis act as well as the present and potential value of the particular\nwetland for marine food production, as a wildlife habitat, as an element\nof flood and storm control, and as a source of recreation, education and\nresearch. The commissioner shall determine what uses of inventoried\nwetlands may be compatible with any or all of the foregoing, and he\nshall prepare such appropriate land-use regulations as may permit only\nsuch compatible uses. These regulations shall be filed with the\nsecretary of state and shall take effect thirty days after such filing.\nA copy of such regulations shall also be simultaneously forwarded by\ncertified mail to the chief administrative officer of each municipality\nwithin whose boundary any such wetland or portion thereof is located. No\npermits may be granted by any local body, nor shall any construction or\nactivity take place at variance with these regulations.\n 2. The placing of any tidal wetlands under a land-use regulation which\nrestricts its use shall be deemed a limitation on the use of such\nwetlands for the purposes of property tax valuation, in the same manner\nas if an easement or right had been acquired under the general municipal\nlaw. Assessment shall be based on present use under the restricting\nregulation.\n