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New York State Consolidated Laws
ENVIRONMENTAL CONSERVATION
Article
24
Title 8
Regulation of Freshwater Wetlands in the Adirondack Park
(
NOTE: FOR GENERAL INFORMATIONAL PURPOSES ONLY !!! )
Section
24-0801. Permits for wetlands in the Adirondack park.
Section 24-0803.
Transfer of jurisdiction to local government.
Section
24-0805. Land use regulations for freshwater wetlands in the
Adirondack park.
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Section
24-0801. Permits for wetlands in the Adirondack park.
1. As used in this title, the term "freshwater wetlands", in
addition to its meaning under section 24-0107 of this article,
shall mean "wetlands" as defined in subdivision sixty-eight of section
eight hundred two of article twenty-seven of the executive
law.
2.
Where the activities otherwise subject to regulation under this article involve
freshwater wetlands located within the boundaries of the Adirondack park, the
inquiries referred to and the applications provided for in section 24-0703 of
this article shall be made to and filed with the Adirondack park agency at its
headquarters office, under such regulations and procedures as the Adirondack
park agency may promulgate. The Adirondack park agency shall review the
application in place of the commissioner or local government as provided in
section 24-0705 of this article, having due regard for the declaration of policy
and statement of findings set forth in this article and for the considerations
set forth in subdivision one of section 24-0705 of this article.
The agency shall in addition determine prior to the granting of any
permit that the proposed activity will be consistent with the Adirondack park
land use and development plan and would not have an undue adverse impact upon
the natural,
scenic, aesthetic, ecological, wildlife, historic, recreational or open space
resources of the park, taking into account the economic and social or other
benefits to be derived from the activity.
Any person may seek review of a ruling made solely pursuant to the
provisions of this article by the Adirondack park agency pursuant to the
provisions of title eleven of this article or article seventy-eight of the civil
practice law and rules.
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Section 24-0803. Transfer of jurisdiction to local government.
1. Notwithstanding anything in article twenty-seven of
the executive law to the contrary, the Adirondack park agency may transfer to a
town or village any or all of its jurisdiction over regulated activities
conducted upon, or land use and development or subdivision involving, those
wetlands located on private lands which it finds, due to their size or other
characteristics, are of lesser regional importance and are appropriately to be
administered by such local governments alone.
2. The agency shall not transfer such jurisdiction unless the
town or village (a) has adopted and implemented a local freshwater wetlands
protection law or ordinance or has in a local land use program provided by local
law or ordinance for the protection of such wetlands, which law or ordinance: (i)
meets the criteria set forth in subdivision two of section 24-0501 of this
article, (ii) provides for a review of regulated activities, land use and
development and subdivision pursuant to the standards set forth in subdivision
two of section 24-0801 of this article, and (iii) contains at a minimum land use
regulations meeting the criteria of subdivision one of section 24-0903 of this
article; and (b) possesses the technical or administrative capacity to
administer the local law or ordinance.
3. In connection with a transfer of its jurisdiction pursuant
to this section, the agency may impose reasonable conditions in furtherance of
the policies and purposes of this article and of article twenty-seven of the
executive law.
4. A local government regulating wetlands pursuant to this
section shall have the right to charge such fees and expenses to an applicant
for official action as shall enable it to recover the costs incurred by reason
of such application.
5. The technical services of the department or the agency
shall be made available to towns and villages, on a fee basis, in the
implementation of the procedures set forth in this section.
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Section 24-0805. Land use regulations for freshwater wetlands in the
Adirondack park.
Except as
to wetlands upon private lands within local governments to which jurisdiction
has been transferred pursuant to section 24-0803 of this article, the Adirondack
park agency shall also exercise the functions assigned to the commissioner under
section 24-0903 of this article.
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ENVIRONMENTAL CONSERVATION
LAW
Article 24
Title
1
Section 24-0107.
Definitions.
1. "Freshwater
wetlands" means lands and waters of the state as shown on the freshwater
wetlands map which contain any or all of the following: (a) lands and submerged
lands commonly called marshes, swamps, sloughs, bogs, and flats supporting
aquatic or semi-aquatic vegetation of the following types: (1) wetland trees,
which depend upon seasonal or permanent flooding or sufficiently water-logged
soils to give them a competitive advantage over other trees; including, among
others, red maple (Acer rubrum),
willows (Salix spp.), black spruce
(Picea mariana); swamp white oak (Quercus bicolor), red ash (Fraxinus
pennsylvanica), black ash (Fraxinus
nigra), silver maple (Acer saccharinum), American elm (Ulmus americana), and
Larch (Larix laricina); (2) wetland shrubs, which depend upon seasonal or
permanent flooding or sufficiently waterlogged soils to give them a competitive
advantage over other shrubs; including, among others, alder (Alnus spp.),
buttonbush (Cephalanthus occidentalis), bog rosemary (Andromeda glaucophylla),
dogwoods (Cornus spp.), and leatherleaf (Chamaedaphne
calyculata); (3) emergent vegetation, including, among others, cattails (Typha
spp.), pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.), arrow arum
(Peltandra virginica), arrowheads (Sagittaria spp.), reed (Phragmites
communis), wildrice (Zizania
acquatica), bur-reeds (Sparganium
spp.), purple loosetrife (Lythrum
salicaria), swamp loosestrife (Decodon
verticillatus); and water plantain (Alisma
plantago-aquatica); (4)
rooted, floating-leaved vegetation; including, among others, water-lily (Nymphaea
odorata), water shield (Brasenia schreberi), and spatterdock (Nuphar spp.); (5)
free-floating vegetation; including, among others, duckweed (Lemna spp.), big
duckweed (Spirodela polyrhiza), and
watermeal (Wolffia spp.); (6) wet meadow vegetation, which depends upon seasonal
or permanent flooding or sufficiently water-logged soils to give it a
competitive advantage over other open land vegetation; including, among others,
sedges (Carex spp.), rushes (Juncus spp.), cattails (Typha spp.), rice cut-grass
(Leersia oryzoides),
reed canary grass (Phalaris
arundinacea), swamp loosestrife (Decodon verticillatus), and spikerush (Eleocharis
spp.); (7)
bog mat
vegetation; including, among others, sphagnum mosses (Sphagnum spp.), bog
rosemary (Andromeda
glaucophylla), leatherleaf (Chamaedaphne
calyculata), pitcher plant (Sarracenia
purpurea), and cranberries (Vaccinium macrocarpon and V. oxycoccos); (8)
submergent vegetation;
including, among
others, pondweeds (Potamogeton
spp.), naiads
(Najas spp.), bladderworts (Utricularia
spp.), wild celery (Vallisneria americana),
coontail (Ceratophyllum
demersum), water milfoils (Myriophyllum spp.), muskgrass (Chara spp.), stonewort
(Nitella spp.), water weeds
(Elodea spp.),
and water smartweed (Polygonum
amphibium); (b) lands and submerged lands containing remnants of any vegetation
that is not aquatic
or semi-aquatic
that has died because of wet conditions over a sufficiently long period,
provided that
such wet conditions
do not
exceed a maximum seasonal water depth of six feet and provided further
that such conditions can be expected to
persist indefinitely, barring human intervention; (c) lands and waters
substantially enclosed by aquatic or semi-aquatic vegetation as set forth
in paragraph
(a) or by dead vegetation as set forth in paragraph (b), the regulation
of which is necessary to protect and preserve the aquatic and semi-aquatic
vegetation; and (d) the waters overlying the areas set forth in (a) and (b) and the
lands
underlying (c).
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