§ 25-0405 — Payments for extractions from or filling in wetlands

§ 25-0405. Payments for extractions from or filling in wetlands.\n 1. Any applicant for a permit to dredge, excavate, or remove soil,\nmud, sand, shells, gravel or other aggregate from any publicly-owned\ntidal wetland shall be required to pay to the public owner thereof such\namount, which shall not be nominal, as the office of general services or\nits local equivalent body shall determine to be the value of the\naggregate extracted. Any person aggrieved by such determination 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 tidal\nwetland is located.\n 2. Any applicant for a permit to dump, fill, or deposit any soil,\nstones, sand, gravel, mud, rubbish, or fill of any kind onto or in any\npublicly-owned tidal wetlands shall be required to pay to the owner such\namount, which shall not be nominal, as the office of general services or\nits local equivalent shall determine. Any person aggrieved by such\ndetermination may seek judicial review pursuant to article seventy-eight\nof the civil practice law and rules in the supreme court for the county\nin which the tidal wetland is located.\n 3. Monies paid to the state under this section shall be used by the\ncommissioner for preservation of the tidal wetlands.\n