§ 25-0401 — Regulated activities

New York § 25-0401

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 4: Regulated Activities
• Art. 25: Tidal Wetlands

Text

§ 25-0401. Regulated activities.\n 1. After completion of the inventory prescribed in title 2 of this\narticle with respect to any tidal wetland, no person may conduct any of\nthe activities set forth in subdivision 2 of this section unless he has\nobtained a permit from the commissioner to do so. The permit issued by\nthe commissioner shall be in addition to, and not in lieu of, such\npermit or permits as may be required by any municipality within whose\nboundary such wetland or portion thereof is located.\n 2. Activities subject to regulation hereunder include any form of\ndraining, dredging, excavation, and removal either directly or\nindirectly, of soil, mud, sand, shells, gravel or other aggregate from\nany tidal wetland; any form of dumping, filling, or depositing, either\ndirectly or indirectly, of any soil, stones, sand, gravel, mud, rubbish,\nor fill of any kind; the erection of any structures or roads, the\ndriving of any pilings or placing of any other obstructions, whether or\nnot changing the ebb and flow of the tide, and any other activity within\nor immediately adjacent to inventoried wetlands which may substantially\nimpair or alter the natural condition of the tidal wetland area.\n 3. The depositing or removal of the natural products of the tidal\nwetlands by recreational or commercial fishing, shellfishing,\naquaculture, hunting or trapping, shall be excluded from regulation\nhereunder, where otherwise legally permitted.\n 4. Activities, orders, and regulations of the department of health or\nof units of local government with respect to matters of public health\nshall be excluded from regulation hereunder, except as hereinafter\nprovided. Copies of all such public health orders and regulations\naffecting tidal wetlands shall be filed with the department of\nenvironmental conservation. The commissioner may require modification of\nsuch orders or regulations if he deems it necessary to implement the\npolicy of this act.\n 5. The commissioner shall review all current mosquito control projects\nto determine whether they are having any adverse impact on tidal\nwetlands. Where any adverse impact is found, the commissioner following\na public hearing, may require modification of such projects if he deems\nit necessary to implement the policy of this act.\n 6. Where the dredging or filling is in the navigable waters of the\nstate or is for the reconstruction or repair of certain dams and docks,\nand where such activity also substantially affects tidal wetlands, any\nperson undertaking such activity must seek permission under this act as\nwell as under any other applicable law.\n