NY Env Conserv L § 24-0105 (2021)
2021 New York Laws ENV - Environmental Conservation Article 24 - Freshwater Wetlands Title 1 - General Provisions and Public Policy 24-0105 - Statement of Findings.

§ 24-0105. Statement of findings.   1.  The  freshwater  wetlands  of the state of New York are invaluable resources for flood protection, wildlife habitat, open space  and  water resources.   2.  Considerable  acreage  of  freshwater wetlands in the state of New York has been lost,  despoiled  or  impaired  by  unregulated  draining, dredging,   filling,  excavating,  building,  pollution  or  other  acts inconsistent with the natural  uses  of  such  areas.  Other  freshwater wetlands  are  in  jeopardy of being lost, despoiled or impaired by such unrelated acts.   3. Recurrent flooding aggravated or caused by the loss  of  freshwater wetlands has serious effects upon natural ecosystems.   4. Freshwater wetlands conservation is a matter of state concern since a  wetland  in  one  region  is  affected by acts on rivers, streams and wetlands of other regions.   5. The natural systems  affecting  freshwater  wetlands  overlap  many localities.  While  many  local  governments  individually  have enacted ordinances to conserve freshwater wetlands and to reduce  flood  hazards and losses, effective freshwater wetlands management requires uniformity in  laws  to  eliminate  inconsistent  or  conflicting local laws.   One locality alone lacks adequate jurisdiction to protect itself from misuse or neglect of adjacent localities.   6. Freshwater wetlands are an integral  part  of  the  unique  scenic, aesthetic,  wildlife,  recreational,  open space, ecological and natural resources of the Adirondack park and are recognized and protected by the Adirondack park agency  act.  The  act  provides  a  mechanism  for  the regulation  of  Adirondack  wetlands  by  the Adirondack park agency and local governments which is consistent with both the  state  interest  in the  preservation  and development of the park area and the state policy to preserve, protect and conserve freshwater wetlands expressed in  this article.   7. Any loss of freshwater wetlands deprives the people of the state of some  or  all  of  the  many  and  multiple  benefits to be derived from wetlands, to wit:  (a) flood and storm control by the hydrologic absorption  and  storage capacity of freshwater wetlands;  (b)  wildlife  habitat  by  providing  breeding,  nesting  and feeding grounds and cover for many forms of wildlife, wildfowl  and  shorebirds, including migratory wildfowl and rare species such as the bald eagle and osprey;  (c)  protection  of  subsurface  water  resources  and  provision  for valuable watersheds and recharging ground water supplies;  (d) recreation by  providing  areas  for  hunting,  fishing,  boating, hiking, bird watching, photography, camping and other uses;  (e)   pollution  treatment  by  serving  as  biological  and  chemical oxidation basins;  (f) erosion control by serving as sedimentation  areas  and  filtering basins,  absorbing  silt  and organic matter and protecting channels and harbors;  (g) education and scientific research by providing readily  accessible outdoor  bio-physical  laboratories, living classrooms and vast training and education resources; and  (h) open space and aesthetic appreciation by providing often the  only remaining  open areas along crowded river fronts and coastal Great Lakes regions; and  (i) sources of nutrients in freshwater food cycles and nursery grounds and sanctuaries for freshwater fish.    8.  Regulation  of  freshwater  wetlands,  in  accordance   with   the agricultural  exemption established in title seven hereof, is consistent with the legitimate interests of farmers and other landowners  to  graze and  water  livestock,  make  reasonable use of water resources, harvest natural  products  of the wetlands, selectively cut timber and otherwise engage in the use of land for agricultural production.