NY Env Conserv L § 24-0107 (2021)
2021 New York Laws ENV - Environmental Conservation Article 24 - Freshwater Wetlands Title 1 - General Provisions and Public Policy 24-0107 - Definitions.

§ 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 water-logged 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   aquatica),    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).   2. "Freshwater wetlands map" shall  mean  a  map  promulgated  by  the department  pursuant  to  section  24-0301  of this article on which are indicated the boundaries of any freshwater wetlands.   3. "Boundaries of a freshwater wetland" shall mean the outer limit  of the vegetation specified in paragraphs (a) and (b) of subdivision one of section  24-0107  and of the lands and waters specified in paragraph (c) of such subdivision.   4. "Local government" shall mean a village, town, city, or county.   5. "State agency" shall mean any state department, bureau, commission, board or other agency, public authority or public benefit corporation.   6. "Person" means any  corporation,  firm,  partnership,  association, trust,  estate,  one  or more individuals, and any unit of government or agency or subdivision thereof, including the state.   7. "Board" shall mean the freshwater wetland appeals board.   8.  "Pollution"  shall  mean  the  presence  in  the  environment   of man-induced  conditions or contaminants in quantities or characteristics which are or may be injurious to human,  plant  or  wildlife,  or  other animal life or to property.