reglab/housing_qa huggingface dataset:
NY Env Conserv L § 25-0103 (2021)
2021 New York Laws ENV - Environmental Conservation Article 25 - Tidal Wetlands Title 1 - General Provisions and Public Policy 25-0103 - Definitions.

§ 25-0103. Definitions.   1. "Tidal wetlands" shall mean and include the following:  (a)  those areas which border on or lie beneath tidal waters, such as, but not limited to, banks, bogs, salt marsh, swamps, meadows,  flats  or other  low  lands  subject to tidal action, including those areas now or formerly connected to tidal waters;  (b) all banks, bogs, meadows, flats and tidal marsh  subject  to  such tides,  and  upon  which  grow or may grow some or any of the following: salt hay (Spartina patens and Distichlis spicata), black  grass  (Juncus Gerardi),   saltworts   (Salicornia   ssp.),   sea   lavender  (Limonium carolinianum),  tall  cordgrass   (Spartina   pectinata   and   Spartina cynosuroides),   hightide   bush   (Iva   frutescens),  cattails  (Typha angustifolia and Typha latifolia), groundsel  (Baccharis  halmilifolia), marsh  mallow (Hybiscus palustris) and the intertidal zone including low marsh cordgrass (Spartina alterniflora).   2.  "Commissioner"  shall  mean  the  commissioner  of   environmental conservation.   3.   "Pollution"  shall  mean  the  presence  in  the  environment  of conditions or contaminants in quantities or characteristics which are or may be injurious to human, plant, or marine  life,  wildlife,  or  other animal  life,  or  to property, or which unreasonably interfere with the comfortable  enjoyment  of  life  and  property  throughout  such  tidal wetlands as may be affected thereby.   4.  "Person" shall mean any individual, public or private corporation, political subdivision, government agency, department or  bureau  of  the state,   bi-state  authority,  municipality,  industry,  co-partnership, association, firm, trust, estate or any other legal entity whatsoever.   5. "Municipality" shall mean a village, town, city or county.
NY Env Conserv L § 25-0202 (2021)
2021 New York Laws ENV - Environmental Conservation Article 25 - Tidal Wetlands Title 2 - Wetlands Inventory 25-0202 - Moratorium on Alteration of Tidal Wetlands.

§ 25-0202. Moratorium on alteration of tidal wetlands.1. No person shall alter the state of any tidal wetland or of any area   immediately  adjacent to such wetland as the commissioner may reasonably   deem necessary to preserve in  order  to  effectuate  the  policies  and   provisions  of  this  act,  prior  to the effective date of the land-use   regulations adopted by the commissioner pursuant to this act,  unless  a   permit  for such alteration shall have been obtained pursuant to section   15-0505 of the environmental conservation law. This moratorium shall not   restrict in any way any summary action taken by the  commissioner  under   section 71-0301 of the environmental conservation law.2.  Any person, upon a showing of hardships caused by this moratorium,   may petition the commissioner for a review of  the  application  of  the   moratorium  to  any  tidal  wetland  or  any  area  immediately adjacent   thereto.  Within  thirty  days  of  the  petition  being  received,  the   commissioner  shall  provide  the  petitioner  and  any  other person an   opportunity to be heard. Notice of such hearing shall be published in at   least two newspapers having a general circulation in the area where  the   wetlands  are located, and notice of such hearing shall also be given by   registered mail to the chief administrative officer of each municipality   within whose boundary any such wetland or portion thereof is located. If   the proposed alterations of the tidal wetlands are not contrary  to  the   policy  or  any  provision  of this act, the commissioner may permit the   alteration to continue during the moratorium, provided  that  permission   may  be  revoked  by the commissioner if its terms are violated and that   the permission ends upon completion of the inventory  for  the  area  in   which  the  affected wetlands are located, and provided further that any   such hardship permit issued by the commissioner shall be in addition to,   and not in lieu of, such permit or permits as may  be  required  by  any   municipality  within  whose  boundary such wetland or portion thereof is   located.3. Within thirty days  after  such  permission  has  been  granted  or   denied,  any  aggrieved person may seek judicial review of such decision   pursuant to article seventy-eight of the civil practice law and rules in   the supreme court for the county in which such wetlands are situated.
NY Env Conserv L § 25-0301 (2021)
2021 New York Laws ENV - Environmental Conservation Article 25 - Tidal Wetlands Title 3 - Program and Land-Use Regulation for Tidal Wetlands 25-0301 - Program and Cooperative Agreements for the Protection of Tidal Wetlands.

§ 25-0301. Program  and  cooperative  agreements  for  the protection oftidal wetlands.1. Upon completion of the inventory with respect  to  tidal  wetlands,   the  commissioner  shall  confer  with  the  local  government officials   involved to establish  a  program  for  the  protection  of  such  tidal   wetlands.2.  The  commissioner  may  enter into cooperative agreements with any   village, town, city or county, or with any one or more of them, for  the   purpose of preserving, maintaining and enhancing, in accordance with the   policies   of  this  act,  those  tidal  wetlands  included  within  the   boundaries of such villages, towns, cities and counties.3. A cooperative agreement with any such village, town, city or county   may provide for the development  by  personnel  and  facilities  of  the   department  of  environmental  conservation, or the payment out of funds   appropriated for the purpose, of the cost of preserving, maintaining  or   enhancing  such  tidal  wetlands in accordance with the policies of this   act, and for the furnishing of such personnel, facilities  or  funds  as   may be agreed upon within the cooperative agreement.4.  The cooperative agreement shall provide that the tidal wetlands be   preserved and maintained in their natural or enhanced  state,  provided,   however,  that  a  reservation in any such agreement by a village, town,   city or county of the right to operate or lease for operation  shellfish   beds  lying  within  the area, and a reservation of the income from such   operation or lease for the  village,  town,  city  or  county  shall  be   allowed  and  not considered a violation of preservation and maintenance   of a natural state.5. This section shall  not  prevent  any  tidal  wetlands  from  being   designated  as  portions  of the state's natural and historic preserves,   nor shall it prevent the dedication of any such lands  as  state  parks.   The office of parks and recreation shall outline to the commissioner its   plans to preserve tidal wetlands in parklands as soon as practicable.
NY Env Conserv L § 25-0302 (2021)
2021 New York Laws ENV - Environmental Conservation Article 25 - Tidal Wetlands Title 3 - Program and Land-Use Regulation for Tidal Wetlands 25-0302 - Land-Use Regulation of Tidal Wetlands.

§ 25-0302. Land-use regulation of tidal wetlands.1.  Upon  completion  of  the  inventory  the commissioner shall adopt   land-use regulations governing the uses of  said  inventoried  wetlands.   In  preparing  such  regulations  the  commissioner  shall  be guided by   factors including, but not limited to, the public policy  set  forth  in   this  act  as  well as the present and potential value of the particular   wetland for marine food production, as a wildlife habitat, as an element   of flood and storm control, and as a source of recreation, education and   research.  The commissioner shall determine  what  uses  of  inventoried   wetlands  may  be  compatible  with  any or all of the foregoing, and he   shall prepare such appropriate land-use regulations as may  permit  only   such  compatible  uses.  These  regulations  shall  be  filed  with  the   secretary of state and shall take effect thirty days after such  filing.   A  copy  of  such  regulations shall also be simultaneously forwarded by   certified mail to the chief administrative officer of each  municipality   within whose boundary any such wetland or portion thereof is located. No   permits  may be granted by any local body, nor shall any construction or   activity take place at variance with these regulations.2. The placing of any tidal wetlands under a land-use regulation which   restricts its use shall be deemed  a  limitation  on  the  use  of  such   wetlands  for the purposes of property tax valuation, in the same manner   as if an easement or right had been acquired under the general municipal   law. Assessment shall be based on  present  use  under  the  restricting   regulation.
NY Env Conserv L § 25-0401 (2021)
2021 New York Laws ENV - Environmental Conservation Article 25 - Tidal Wetlands Title 4 - Regulated Activities 25-0401 - Regulated Activities.

§ 25-0401. Regulated activities.1.  After  completion  of  the inventory prescribed in title 2 of this   article with respect to any tidal wetland, no person may conduct any  of   the  activities set forth in subdivision 2 of this section unless he has   obtained a permit from the commissioner to do so. The permit  issued  by   the  commissioner  shall  be  in  addition  to, and not in lieu of, such   permit or permits as may be required by any  municipality  within  whose   boundary such wetland or portion thereof is located.2.  Activities  subject  to  regulation  hereunder include any form of   draining,  dredging,  excavation,  and  removal   either   directly   or   indirectly,  of  soil, mud, sand, shells, gravel or other aggregate from   any tidal wetland; any form of dumping, filling, or  depositing,  either   directly or indirectly, of any soil, stones, sand, gravel, mud, rubbish,   or  fill  of  any  kind;  the  erection  of any structures or roads, the   driving of any pilings or placing of any other obstructions, whether  or   not changing the ebb and flow of the tide, and any other activity within   or  immediately adjacent to inventoried wetlands which may substantially   impair or alter the natural condition of the tidal wetland area.3. The depositing or removal of the  natural  products  of  the  tidal   wetlands   by   recreational   or   commercial   fishing,  shellfishing,   aquaculture, hunting or trapping,  shall  be  excluded  from  regulation   hereunder, where otherwise legally permitted.4.  Activities, orders, and regulations of the department of health or   of units of local government with respect to matters  of  public  health   shall  be  excluded  from  regulation  hereunder,  except as hereinafter   provided. Copies of  all  such  public  health  orders  and  regulations   affecting   tidal  wetlands  shall  be  filed  with  the  department  of   environmental conservation. The commissioner may require modification of   such orders or regulations if he deems it  necessary  to  implement  the   policy of this act.5. The commissioner shall review all current mosquito control projects   to  determine  whether  they  are  having  any  adverse  impact on tidal   wetlands. Where any adverse impact is found, the commissioner  following   a  public hearing, may require modification of such projects if he deems   it necessary to implement the policy of this act.6. Where the dredging or filling is in the  navigable  waters  of  the   state  or is for the reconstruction or repair of certain dams and docks,   and where such activity also substantially affects tidal  wetlands,  any   person  undertaking such activity must seek permission under this act as   well as under any other applicable law.
NY Env Conserv L § 25-0402 (2021)
2021 New York Laws ENV - Environmental Conservation Article 25 - Tidal Wetlands Title 4 - Regulated Activities 25-0402 - Application for Permits.

§ 25-0402. Application for permits.1.  Any  person  proposing  to  conduct  or  cause  to be conducted an   activity regulated under this act upon  any  inventoried  tidal  wetland   shall  file  an  application for a permit with the commissioner, in such   form and containing such information as the commissioner may  prescribe.   The  applicant  shall have the burden of demonstrating that the proposed   activity will be in complete accord with the policy  and  provisions  of   this  act.  Such application shall include a detailed description of the   proposed work and a map showing  the  area  of  tidal  wetland  directly   affected,  with the location of the proposed work thereon, together with   the names of the owners of  record  of  adjacent  lands  and  the  known   claimants  of  water rights in or adjacent to the tidal wetlands of whom   the applicant has notice. The commissioner shall cause a  copy  of  such   application  to  be  mailed  to  the chief administrative officer in the   municipality where the proposed work or any part of it is located.2. The rules and regulations adopted by the  department  to  implement   this  article and the provisions of article 70 of this chapter and rules   and regulations adopted thereunder  shall  govern  permit  applications,   renewals, modifications, suspensions and revocations under this article.
NY Env Conserv L § 25-0403 (2021)
2021 New York Laws ENV - Environmental Conservation Article 25 - Tidal Wetlands Title 4 - Regulated Activities 25-0403 - Granting of Permits.

§ 25-0403. Granting of permits.1.  In  granting,  denying  or limiting any permit under this act, the   commissioner shall consider the compatibility of the  proposed  activity   with  reference  to  the  public  health  and welfare, marine fisheries,   shellfisheries, wildlife, flood and hurricane and storm dangers, and the   land-use regulations promulgated pursuant to  section  25-0302  of  this   act.2.  Notice  that  the state or any agency or subdivision thereof is in   the process of acquisition of  any  tidal  wetlands  by  negotiation  or   condemnation  shall  be  sufficient basis for denial of any permit under   this section.3. In granting a permit, the commissioner may impose  such  conditions   or  limitations  as  may be necessary to carry out the public policy set   forth in this act. The commissioner may require a bond in an amount  and   with  surety  and  conditions  satisfactory to him securing to the state   compliance with the conditions and limitations set forth in the permit.
NY Env Conserv L § 25-0404 (2021)
2021 New York Laws ENV - Environmental Conservation Article 25 - Tidal Wetlands Title 4 - Regulated Activities 25-0404 - Judicial Review.

§ 25-0404. Judicial review.Any   person   aggrieved  by  the  issuance,  denial,  suspension,  or   revocation of a permit may within thirty  days  from  the  date  of  the   commissioner's   order   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 affected are located. In the   event that the court may find that the determination of the commissioner   constitutes the equivalent of a taking  without  compensation,  and  the   land  so  regulated  otherwise meets the interest and objectives of this   act it may, at the election of the commissioner, either  set  aside  the   order  or require the commissioner to acquire the tidal wetlands or such   rights in them as have been taken, proceeding under the power of eminent   domain.
NY Env Conserv L § 25-0405 (2021)
2021 New York Laws ENV - Environmental Conservation Article 25 - Tidal Wetlands Title 4 - Regulated Activities 25-0405 - Payments for Extractions From or Filling in Wetlands.

§ 25-0405. Payments for extractions from or filling in wetlands.1.  Any  applicant  for  a permit to dredge, excavate, or remove soil,   mud, sand, shells, gravel or other  aggregate  from  any  publicly-owned   tidal  wetland shall be required to pay to the public owner thereof such   amount, which shall not be nominal, as the office of general services or   its local equivalent body  shall  determine  to  be  the  value  of  the   aggregate extracted. Any person aggrieved by such determination 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   wetland is located.2.  Any  applicant  for  a  permit to dump, fill, or deposit any soil,   stones, sand, gravel, mud, rubbish, or fill of any kind onto or  in  any   publicly-owned tidal wetlands shall be required to pay to the owner such   amount, which shall not be nominal, as the office of general services or   its  local  equivalent  shall  determine.  Any  person aggrieved by such   determination 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 wetland is located.3.  Monies  paid  to the state under this section shall be used by the   commissioner for preservation of the tidal wetlands.
NY Env Conserv L § 25-0601 (2021)
2021 New York Laws ENV - Environmental Conservation Article 25 - Tidal Wetlands Title 6 - Miscellaneous Provisions 25-0601 - Severability.

§ 25-0601. Severability.The  provisions  of  this  act  shall be severable, and if any clause,   sentence, paragraph, subdivision or part of this act shall  be  adjudged   by  any  court  of  competent  jurisdiction to be invalid, such judgment   shall not affect, impair or invalidate the remainder thereof, but  shall   be  confined  in  its  operation  to  the  clause,  sentence, paragraph,   subdivision or part thereof directly  involved  in  the  controversy  in   which such judgment shall have been rendered.
NY Env Conserv L § 27-0101 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 1 - Solid and Hazardous Waste Management Policy and Planning 27-0101 - Legislative Purposes.

§ 27-0101. Legislative purposes.1.  It  is  the purpose of the legislature of the state of New York in   enacting  this  article  to  encourage  the  development  of  economical   projects for the present and future collection, treatment and management   of  solid  and  hazardous  waste  in  such  a manner as will assure full   consideration of all aspects of planning for proper and effective  solid   and  hazardous  waste disposal, coordinated, so far as practicable, with   other  related  state,  regional  and  local  planning  activities,  and   consistent  with  the  protection  of  the public health, including such   factors as population change, urban and metropolitan  development,  land   use  planning,  water  pollution  and  air  pollution  control,  and the   feasibility of regional resource recovery programs.2. It is furthermore the purpose of the legislature of  the  state  of   New  York  to  effect  maximum  resource  recovery from solid waste on a   cost-effective basis, with minimum environmental debit, energy-efficient   materials recovery, prudent land  use,  maximum  economic  benefits  and   maximum effective private sector participation, with due concern for the   primacy  of  the local and regional role in resource recovery procedures   upon the basis of public knowledge and consent.
NY Env Conserv L § 27-0105 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 1 - Solid and Hazardous Waste Management Policy and Planning 27-0105 - Preferred Statewide Hazardous Waste Management Practices Hierarchy.

§ 27-0105. Preferred  statewide  hazardous  waste  management  practiceshierarchy.It is hereby declared that the  following  preferred  hazardous  waste   management  practices  hierarchy  is  to  be used to guide all hazardous   waste policies and decisions:a. The generation of hazardous wastes is to be reduced  or  eliminated   to the maximum extent practical;b. Hazardous wastes that continue to be generated are to be recovered,   reused or recycled to the maximum extent practical;c.  Detoxification,  treatment  or  destruction technologies are to be   utilized for hazardous wastes which cannot be reduced, recovered, reused   or recycled; andd. Land  disposal  of  industrial  hazardous  wastes,  except  treated   residuals  posing  no  significant threat to the public health or to the   environment, should be phased out as it is the least  preferable  method   of industrial hazardous waste management.
NY Env Conserv L § 27-0106 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 1 - Solid and Hazardous Waste Management Policy and Planning 27-0106 - State Solid Waste Management Policy.

§ 27-0106. State solid waste management policy.   In  the  interest of public health, safety and welfare and in order to conserve energy and  natural  resources,  the  state  of  New  York,  in enacting this section, establishes as its policy that:   1.  The  following  are  the solid waste management priorities in this state:  (a) first, to reduce the amount of solid waste generated;  (b) second, to reuse  material  for  the  purpose  for  which  it  was originally intended or to recycle material that cannot be reused;  (c) third, to recover, in an environmentally acceptable manner, energy from  solid waste that can not be economically and technically reused or recycled; and  (d) fourth, to dispose of  solid  waste  that  is  not  being  reused, recycled  or from which energy is not being recovered, by land burial or other methods approved by the department.   2. State  government  must  make  an  essential  contribution  to  the development  and  implementation  of  environmentally,  economically and technically viable solid waste management  programs  through  fulfilling its  responsibilities  to provide programs which promote waste reduction and  the  expansion  of  markets  for   recovered   materials,   clearly articulated,  responsive and consistently applied regulatory structures, and a full  range  of  technical  assistance  to  local  governments.  A state-local  partnership,  in  which  the  basic  responsibility for the planning and operation of solid waste management facilities remains with local  governments  and  the  state  provides  necessary  guidance   and assistance, must be forged.   3.   This  policy,  after  consideration  of  economic  and  technical feasibility,  shall  guide  the  solid  waste  management  programs  and decisions of the department and other state agencies and authorities.