NY Env Conserv L § 24-0301 (2021)
2021 New York Laws ENV - Environmental Conservation Article 24 - Freshwater Wetlands Title 3 - Freshwater Wetlands Studies; Notification and Maps 24-0301 - Commissioner's Study.

§ 24-0301. Commissioner's study.1.  The commissioner shall, as soon as practicable, conduct a study to   identify and map those individual freshwater wetlands in  the  state  of   New  York  which  shall  have an area of at least twelve and four-tenths   acres or more, or if less than twelve and four-tenths acres,  (a)  have,   in  the  discretion of the commissioner unusual local importance for one   or more of the specific benefits  set  forth  in  subdivision  seven  of   section 24-0105 of this article or (b) are located within the Adirondack   park  and  meet  the  definition  of  wetlands  contained in subdivision   sixty-eight of section eight hundred two of the executive law, and shall   determine their characteristics. This study shall, in addition  to  such   other  data as the commissioner may determine to be included, consist of   the freshwater wetlands inventory of  the  department  of  environmental   conservation,  currently  being made, together with other available data   on freshwater wetlands, whether assisted by the state of New York  under   the  tidal  wetlands  act or otherwise, or assembled by federal or local   governmental or private agencies, all  of  which  information  shall  be   assembled  and  integrated,  as  applicable,  into  a  map of freshwater   wetlands of the state of New York. Such study may, in the discretion  of   the  commissioner,  be  carried out on a sectional or regional basis, as   indicated by need, subject  to  overall  completion  in  an  expeditious   fashion  subject  to the terms of this chapter. This map, and any orders   issued pursuant to the provisions of this article, shall comprise a part   of the statewide environmental plan as provided for in section 3-0303 of   this chapter. As soon as practicable 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 comments thereon.2.  Upon  completion  of  a   freshwater   wetlands   inventory,   the   commissioner   shall   prepare   a  tentative  freshwater  wetlands  map   delineating the boundaries of such wetlands as determined by  the  study   and inventory conducted pursuant to subdivision one of this section. The   map  may  be  prepared  for  different  sections or regions of the state   separately, as the commissioner shall determine. The commissioner  shall   consult and cooperate with the Adirondack park agency in the preparation   of  a  tentative  freshwater  wetlands  map  for  any  area  within  the   Adirondack park.3.  The  tentative  freshwater  wetlands  map  shall  set  forth   the   boundaries  of  such  wetlands as accurately as is practicable to inform   the owners thereof, the public and the  department  of  the  approximate   location of the actual boundaries of the wetlands, subject to motion for   delineation pursuant to this section, or more precise definition thereof   in  the discretion of the commissioner. The commissioner shall take into   consideration, whenever possible, the boundaries of the local government   or governments within which the wetlands are located.4. Upon completion of the tentative  freshwater  wetlands  map  for  a   particular  area,  the  commissioner  or  his designated hearing officer   shall hold a  public  hearing  in  that  area  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 as shown on the latest completed tax assessment rolls,  of  lands   designated  as  such wetlands as shown on said map and also to the chief   administrative officer and clerk of each  local  government  within  the   boundaries  of  which  any  such wetland or a portion thereof is located   and, in the case of a tentative freshwater wetlands  map  for  any  area   within  the Adirondack park, to the Adirondack park agency, by certified   mail not less than thirty days prior to the date set  for  such  hearing   and shall assure that a copy of the relevant map is available for public    inspection  at  a  convenient location in such local government. The map   filed with a local government may, at the local government's request, be   either a physical copy of the tentative freshwater wetlands map, or,  if   available,  a  digital  file  that represents it. 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 general  circulation  in   the  area  where such wetlands are located. The commissioner may post on   the department's website a digital image that represents  the  tentative   freshwater wetlands map.5. After considering the testimony given at such hearing and any other   facts  which  may  be  deemed pertinent, after considering the rights of   affected property owners and the ecological balance in  accordance  with   the policy and purposes of this article, and, in the case of wetlands or   portions  thereof  within the Adirondack park, after consulting with the   Adirondack park agency, the commissioner shall promulgate by  order  the   final  freshwater wetlands map. Such order shall not be promulgated less   than sixty days from the date of the  hearing  required  by  subdivision   four  of this section. A copy of the order, together with a copy of such   map or relevant portion thereof shall be filed  in  the  office  of  the   clerk  of  each local government in which each such wetland or a portion   thereof is located and, in the case of a map for  any  area  within  the   Adirondack  park,  with the Adirondack park agency. The map filed with a   local government may, at the local government's  request,  be  either  a   physical  copy of the final freshwater wetlands map, or, if available, a   digital file that represents it. The commissioner  shall  simultaneously   give notice of such order to each owner of lands, as shown on the latest   completed tax assessment rolls, designated as such wetlands by mailing a   copy  of  such order to such owner by certified mail in any case where a   notice by certified mail was not sent pursuant to  subdivision  four  of   this  section,  and  in  all  other  cases  by  first  class  mail.  The   commissioner shall also give notice of such order at such  time  to  the   chief  administrative  officer  of  each  local  government  within  the   boundaries of which any such wetland or a portion thereof is located. At   the time of filing with such clerk or  clerks,  the  commissioner  shall   also  cause  a  copy  of  such  order  to  be  published in at least two   newspapers having general circulation in the area  where  such  wetlands   are  located.  The  commissioner  may post on the department's website a   digital image that represents the final freshwater wetlands map.6. Except as provided  in  subdivision  eight  of  this  section,  the   commissioner  shall  supervise  the  maintenance  of such boundary maps,   which shall be available to the public for inspection and examination at   the regional office of the department in which the wetlands  are  wholly   or partly located and in the office of the clerk of each county in which   each  such wetland or a portion thereof is located. The commissioner may   readjust the map thereafter to clarify the boundaries of  the  wetlands,   to  correct any errors on the map, to effect any additions, deletions or   technical changes on the map, and to reflect changes as have occurred as   a result of the granting of permits pursuant to section 24-0703 of  this   article,  or  natural  changes  which may have occurred through erosion,   accretion, or otherwise. Notice of such readjustment shall be  given  in   the same manner as set forth in subdivision five of this section for the   promulgation of final freshwater wetlands maps. In addition, at the time   notice  is  provided  pursuant  to subdivision five of this section, the   commissioner shall update any digital image of the  map  posted  on  the   department's website to reflect such readjustment.7.  Except  as  provided  in  subdivision  eight  of this section, the   commissioner may, upon his own initiative, and  shall,  upon  a  written    request  by  a landowner whose land or a portion thereof may be included   within a wetland, or upon the  written  request  of  another  person  or   persons  or  an  official body whose interests are shown to be affected,   cause  to  be  delineated more precisely the boundary line or lines of a   freshwater wetland or a portion thereof. Such more  precise  delineation   of  a  freshwater wetland boundary line or lines shall be of appropriate   scale and sufficient clarity  to  permit  the  ready  identification  of   individual   buildings   and  of  other  major  man-made  structures  or   facilities or significant geographical  features  with  respect  to  the   boundary  of any freshwater wetland. The commissioner shall undertake to   delineate the boundary  of  a  particular  wetland  or  wetlands,  or  a   particular  part  of  the  boundary  thereof  only upon a showing by the   applicant therefor of good cause for such more precise  delineation  and   the establishment of such more precise line.8.  The  supervision of the maintenance of any freshwater wetlands map   or portion thereof applicable to wetlands within  the  Adirondack  park,   the  readjustment  and precise delineation of wetland boundary lines and   the  other  functions  and  duties  ascribed  to  the  commissioner   by   subdivisions  six  and  seven  of this section shall be performed by the   Adirondack park agency, which shall make such maps available for  public   inspection and examination at its headquarters.