NY Env Conserv L § 24-0703 (2021)
2021 New York Laws ENV - Environmental Conservation Article 24 - Freshwater Wetlands Title 7 - Freshwater Wetlands Regulations 24-0703 - Applications for Permits.

§ 24-0703. Applications for permits.1.  Any  person  proposing  to  conduct  or  cause  to  be conducted a   regulated activity upon any freshwater wetland shall file an application   for a permit with the clerk of the local government having  jurisdiction   or  the  department, as the case may be. Review of the application shall   be made by the local government or the commissioner, as the case may be,   in accordance with applicable law and such rules  hereunder  as  may  be   adopted  by  the commissioner. Such application shall include a detailed   description of the proposed activity and  a  map  showing  the  area  of   freshwater  wetland directly affected, with the location of the proposed   activity thereon. The clerk or commissioner shall cause notice  of  such   application  to  be  mailed  to all local governments where the proposed   activity or any part of it is located.2. No sooner than thirty days and not later than sixty days after  the   receipt  by  a  local  government of an application, and after notice of   application has been published by the applicant in two newspapers having   a general circulation in the area, the local  government  shall  hold  a   public  hearing  on such application at a suitable location in the local   government where the affected wetland is situated unless  no  notice  of   objection  has  been  filed  or  unless  the  local government finds the   activity to be of such a minor nature as not to affect or  endanger  the   balance  of  systems  within  the  wetlands,  in  which  case  the local   government may, in  the  exercise  of  discretion,  dispense  with  such   hearing.  Where  the  local  government  finds  that  a  hearing  is not   necessary, a decision setting forth reasons therefor shall be  prepared,   shall  be  a  matter  of  public record and shall be mailed to all local   governments where the proposed work or any part of it is located and  to   all  persons  who  filed a statement with the local government following   the publication of such notice of application. All owners of  record  of   the  adjacent land and the local governments where the proposed activity   is located shall be notified by certified mail of the hearing  not  less   than  fifteen  days  prior  to  the date set for such hearing. The local   government shall cause notice of such hearing to  be  published  in  two   newspapers  having  a general circulation in the area where the affected   freshwater wetlands are located. All applications and maps and documents   relating thereto shall be open for public inspection at  the  office  of   the  clerk  of the local government in which the wetland is situated. At   such hearing any person or persons filing a request for a hearing  or  a   timely notice of appearance may appear and be heard.3.  In  addition  to  the provisions of article 70 of this chapter and   rules and regulations adopted  thereunder,  the  rules  and  regulations   adopted  by  the  department  pursuant  to this article to implement its   processing of permit applications, renewals, modifications,  suspensions   and  revocations  shall  govern  permit administration by the department   under this article, provided however,  that  after  the  department  has   given  notice  to  an  applicant that an application is complete, or the   application is deemed complete, the applicant shall cause  a  notice  of   application to be published in a newspaper of general circulation in the   affected area as provided in rules and regulations of the department.4.  The  applicant  shall  have  the  burden of demonstrating that the   proposed activity will be in accord with the policies and provisions  of   this  article. To the greatest extent practicable, such hearing shall be   incorporated with any public hearing  required  by  the  town,  village,   general  city,  general  municipal or environmental conservation laws in   connection  with  approvals  or  permits   otherwise   required   before   commencement of regulated activities on lands containing such wetlands.5. Prior to the promulgation of the final freshwater wetlands map in a   particular   area  and  the  implementation  of  a  freshwater  wetlands    protection law or ordinance, no person shall conduct,  or  cause  to  be   conducted,  any  activity  for  which a permit is required under section   24-0701 of this title on any freshwater wetland unless he has obtained a   permit  from the commissioner under this section. Any person may inquire   of the department as to whether or not a given parcel of  land  will  be   designated  a  freshwater  wetland subject to regulation. The department   shall give a definite answer in  writing  within  thirty  days  of  such   request  as  to  whether  such parcel will or will not be so designated.   Provided that, in the event that weather or  ground  conditions  prevent   the  department  from  making a determination within thirty days, it may   extend such period until a determination can be made. Such answer in the   affirmative shall be reviewable; such an answer in the negative shall be   a complete defense to the enforcement of this article as to such  parcel   of land. The commissioner may by regulation adopted after public hearing   exempt categories or classes of wetlands or individual wetlands which he   determines  not  to  be  critical to the furtherance of the policies and   purposes of this article.