NY Env Conserv L § 25-0201 (2021)
2021 New York Laws ENV - Environmental Conservation Article 25 - Tidal Wetlands Title 2 - Wetlands Inventory 25-0201 - Inventory of Tidal Wetlands.

§ 25-0201. Inventory of tidal wetlands.1.  The commissioner shall as soon as practicable make an inventory of   all tidal wetlands in the state of New York.  This  inventory,  and  any   restrictive orders issued pursuant to section 25-0302 of this act, shall   comprise  a  part of the statewide environmental plan as provided for in   section 3-0303 of the environmental conservation law.2. The inventory shall set forth the boundaries of such wetlands using   such photographic and  cartographic  standards  and  techniques  as  the   commissioner  may  deem  reasonable  and appropriate in order to provide   clear and accurate maps of the tidal  wetlands  of  the  state  for  the   purpose  of  effectuating the policies and provisions of this act.  Said   boundaries shall generally delineate all tidal wetlands in the state  as   defined in section 25-0101 of this act. At least sixty days prior to the   commencement  of  the  inventory  the  commissioner  shall file with the   secretary of state a detailed description of the technical  methods  and   requirements  to  be  utilized  in compiling the inventory, and he shall   afford the public an opportunity to submit written comments thereon.3. Upon completion of a tentative tidal wetlands boundary  map  for  a   particular  area,  the  commissioner  or  his designated hearing officer   shall hold a public hearing in order to afford an  opportunity  for  any   person to propose additions or deletions from such map. The commissioner   shall  give  notice of such hearing to each owner of record of all lands   designated as such wetland as shown on such maps, and also to the  chief   administrative  officer  of  each municipality within whose boundary any   such wetland or portion thereof is located, by  certified  mail,  return   receipt  requested,  not less than thirty days prior to the date set for   such hearing. The commissioner shall also cause notice of  such  hearing   to  be published at least once, not more than thirty days nor fewer than   ten days before  the  date  set  for  such  hearing,  in  at  least  two   newspapers  having a general circulation in the area where such wetlands   are located.4. After considering the testimony given at such hearing and any other   facts which may be deemed pertinent and after considering the rights  of   affected  property  owners  and the policy and purposes of this act, the   commissioner shall establish by order the  final  bounds  of  each  such   wetland.  A copy of the order, together with a copy of the map depicting   such final boundary lines, shall be filed in the office of the clerk  of   the county in which each such wetland is located. The commissioner shall   simultaneously  give  notice  of  such  order to each owner of all lands   designated as such wetlands by mailing a copy  of  such  order  to  such   owner.  The  commissioner  shall also simultaneously give notice of such   order by certified mail to the  chief  administrative  officer  of  each   municipality  within  whose boundary any such wetland or portion thereof   is located. The commissioner shall also cause a copy of such order to be   published in at least two newspapers having a general circulation in the   area where such wetlands are located.5. Any person  aggrieved  by  such  order  may  seek  judicial  review   pursuant to article seventy-eight of the civil practice law and rules in   the  supreme  court  for  the  county  in  which  the tidal wetlands are   located, within thirty days after the date of the filing  of  the  order   with the clerk of the county in which such wetlands are located.6.  The  commissioner shall supervise the maintenance of such boundary   maps, which  shall  be  available  to  the  public  for  inspection  and   examination.  The  statewide  inventory shall be readjusted from time to   time as may be  necessary  to  reflect  such  natural  changes  as  have   occurred  through  erosion, accretion, and otherwise and also to reflect   such other changes as have occurred as  a  result  of  the  granting  of   permits pursuant to section 25-0403 of this act.