NY Env Conserv L § 24-0903 (2021)
2021 New York Laws ENV - Environmental Conservation Article 24 - Freshwater Wetlands Title 9 - Freshwater Wetlands Preservation Program 24-0903 - Land Use Regulations for Freshwater Wetlands.

§ 24-0903. Land use regulations for freshwater wetlands.1.  Upon completion of the freshwater wetlands map of the state, or of   any selected section or region thereof, the commissioner  shall  proceed   to classify freshwater wetlands so designated thereon according to their   most  appropriate  uses,  in  light  of  the values set forth in section   24-0105 of this article and the present conditions of such wetlands. The   commissioner shall  determine  what  uses  of  such  wetlands  are  most   compatible  with  the  foregoing  and  shall  prepare  minimum  land use   regulations to permit only such compatible uses. The classifications may   cover freshwater wetlands in more  than  one  governmental  subdivision.   Permits pursuant to section 24-0701 of this article are required whether   or not a classification has been promulgated.2.  The  commissioner  shall  upon  completion  of  minimum  land  use   regulations as provided in subdivision one of this section, forward  the   same  to  the  local  governments affected thereby. Within six months of   receipt of the minimum land use regulations,  the  legislative  body  of   each  such  local  government  shall submit to the commissioner proposed   regulations governing the freshwater  wetlands  within  its  boundaries.   Such  proposed regulations shall be consistent with the purposes of this   article  and  may  be  more  restrictive  than  the  minimum  land   use   regulations  as determined by the commissioner under this article. Where   the proposed local wetlands use regulations do not meet the minimum land   use regulations as determined by the commissioner,  the  proposed  local   regulations  shall be accompanied by supporting materials setting forth,   among other things,  that  there  are  overriding  economic  and  social   considerations  vital  to  the  growth  and  economic base of such local   government that clearly require such variance.3. If the commissioner finds that the proposals  meet  the  conditions   stated  in  subdivision  two  of  this  section, the commissioner, after   taking into consideration their effect on other local  governments,  may   approve said local land use regulations.4.  In  the  event  the commissioner does not approve local freshwater   wetlands land use regulations, he shall then frame land use  regulations   governing such freshwater wetlands.5.  Prior  to  the  adoption  of  any  land  use regulations governing   freshwater wetlands,  the  commissioner  shall  hold  a  public  hearing   thereon  in  the  area  in  which  the  affected freshwater wetlands are   located, and give fifteen days prior notice thereof  by  publication  at   least  once in a newspaper having general circulation in the area of the   local  government  involved.  The  commissioner  shall  promulgate   the   regulations within thirty days of such hearing and publish such order at   least  once in a newspaper having general circulation in the area of the   local government affected  and  make  such  plan  available  for  public   inspection  and  review;  such  order shall not take effect until thirty   days after the filing thereof with the clerk of the county in which such   wetland is located.6. The commissioner shall accept and review applications to change the   regulations annually.7. Any person aggrieved by any  such  order  or  regulation  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   freshwater  wetland is located, within thirty days after the date of the   filing of the order with the clerk of the county in which the wetland is   located.8. Except as provided in section 24-0805 of this article, this section   shall not apply to  freshwater  wetlands  or  portions  thereof  located   within the Adirondack park.