NY Env Conserv L § 24-0701 (2021)
2021 New York Laws ENV - Environmental Conservation Article 24 - Freshwater Wetlands Title 7 - Freshwater Wetlands Regulations 24-0701 - Permits.

§ 24-0701. Permits.1.  After  issuance  of  the  official  freshwater wetlands map of the   state, or of any selected section or region thereof, any person desiring   to conduct on freshwater wetlands as so designated thereon  any  of  the   regulated  activities  set forth in subdivision two of this section must   obtain a permit as provided in this title.2.  Activities  subject  to  regulation  shall  include  any  form  of   draining,  dredging,  excavation,  removal  of  soil, mud, sand, shells,   gravel or other aggregate from any freshwater wetland,  either  directly   or  indirectly;  and  any form of dumping, filling, or depositing of any   soil, stones, sand, gravel, mud, rubbish or fill  of  any  kind,  either   directly  or  indirectly; erecting any structures, roads, the driving of   pilings, or placing of any other obstructions whether  or  not  changing   the  ebb and flow of the water; any form of pollution, including but not   limited  to,  installing  a  septic  tank,  running  a  sewer   outfall,   discharging  sewage treatment effluent or other liquid wastes into or so   as to drain into a freshwater wetland;  and  any  other  activity  which   substantially  impairs any of the several functions served by freshwater   wetlands or the benefits  derived  therefrom  which  are  set  forth  in   section  24-0105  of  this  article.  These  activities  are  subject to   regulation whether or not they occur upon the wetland  itself,  if  they   impinge  upon  or  otherwise  substantially  affect the wetlands and are   located not more than  one  hundred  feet  from  the  boundary  of  such   wetland.  Provided, that a greater distance from any such wetland may be   regulated pursuant to this article by the appropriate  local  government   or  by  the  department,  whichever  has jurisdiction over such wetland,   where necessary to protect and preserve the wetland.3. The depositing or removal of the natural products of the freshwater   wetlands  by  recreational   or   commercial   fishing,   shell-fishing,   aquaculture,  hunting  or  trapping  shall  be  excluded  from regulated   activities, where otherwise legally permitted and regulated.4. The activities of farmers  and  other  landowners  in  grazing  and   watering livestock, making reasonable use of water resources, harvesting   natural  products  of the wetlands, selectively cutting timber, draining   land  or  wetlands  for  growing  agricultural  products  and  otherwise   engaging  in  the use of wetlands or other land for growing agricultural   products shall be excluded  from  regulated  activities  and  shall  not   require  a  permit  under subdivision one hereof, except that structures   not  required  for  enhancement  or  maintenance  of  the   agricultural   productivity  of  the  land  and  any  filling  activities  shall not be   excluded hereunder, and provided that the use of land  designated  as  a   freshwater  wetland  upon  the  freshwater wetlands map at the effective   date thereof for uses other than those referred to in  this  subdivision   shall be subject to the provisions of this article.5. Public health activities, orders, and regulations of the department   of  health  shall  be  excluded from regulated activities. Copies of all   such public health orders and regulations affecting  wetlands  shall  be   filed   with   the   department   of   environmental  conservation.  The   commissioner may request modification of such orders or  regulations  if   he deems such necessary to implement the policy of this article.6. The commissioner shall review all current mosquito control projects   to  determine  whether  they are having any adverse impact on freshwater   wetlands. Where any  adverse  impact  is  found,  the  commissioner  may   require modification of such projects if he deems such necessary for the   implementation of the policies of this article.7. Where dredging or filling is in navigable waters of the state or is   for  the  reconstruction  or repair of certain dams and docks, and where   such activity also affects freshwater wetlands, any  person  undertaking    such  activity  must seek permission under this article as well as under   any other applicable law.8.  On  any  land  that  is being developed pursuant to a planned unit   development ordinance or local law  where  freshwater  wetlands  are  to   remain as open space, development activities shall be permitted in areas   contiguous  to  such  wetlands if the local government affirms that such   activities will not despoil said wetland.