NY Env Conserv L § 24-0501 (2021)
2021 New York Laws ENV - Environmental Conservation Article 24 - Freshwater Wetlands Title 5 - Local Implementation 24-0501 - Local Freshwater Wetlands Protection Procedures.

§ 24-0501. Local freshwater wetlands protection procedures.1.  On  or  after  September 1, 1975, each local government may adopt,   amend, and, upon the filing of the appropriate freshwater wetlands  map,   implement   a   freshwater  wetlands  protection  law  or  ordinance  in   accordance with this article to be applicable to all freshwater wetlands   wholly or partially within  its  jurisdiction.  No  freshwater  wetlands   protection law or ordinance adopted by a county pursuant to this section   shall  be  applicable within the boundaries of any city, town or village   which has adopted  and  is  implementing  a  local  freshwater  wetlands   protection law or ordinance consistent with this article.2. Said freshwater wetlands protection law or ordinance may be in such   form  and  with  such  procedures prescribed as may be determined by the   local government adopting the same, or it may set forth  the  procedures   and concepts contained in this article; provided, however, that no local   freshwater  wetlands  protection  law  or  ordinance enacted pursuant to   subdivision one hereof shall be less protective of  freshwater  wetlands   or  effectiveness  of  administrative  and  judicial  review,  than  the   procedures set forth in this  article,  nor  shall  such  local  law  or   ordinance  affect the activities exempted from permit by section 24-0701   of title seven hereof.3. Adoption by a local government, pursuant  to  this  article,  of  a   local  freshwater  wetlands  protection law or ordinance by reference to   the procedures and concepts set forth  herein  shall  be  sufficient  if   reference  is  made  to the procedures and concepts of this article with   exceptions,  additions,  and  modifications  thereto  noted;   and   the   adoption,  once  effected, shall include subsequent statutory amendments   to this article as aforesaid; subject, again, to exception, addition, or   modification by such municipality, without time limitation. At any  time   after  a  local  adoption of the procedures contained in this article, a   local government subject  to  this  section  may  rescind  its  adoption   thereof  and simultaneously adopt a local freshwater wetlands protection   procedure in accordance with subdivisions one and two of this section.4. If a  city,  town  or  village  fails  to  adopt  and  implement  a   freshwater  wetlands protection law or ordinance in accordance with this   article by the date the applicable freshwater wetlands map is  filed  by   the  department or by September 1, 1977, whichever is later, it shall be   deemed to have transferred the function to the county in accordance with   section 24-0503. If the county fails within ninety days after  the  date   of  filing  of the applicable freshwater wetlands map or after September   1, 1977, whichever  is  later,  to  adopt  and  implement  a  freshwater   wetlands protection law or ordinance in accordance with this article, it   shall  be  deemed  to  have  transferred the function to the department.   Within  thirty  days  after  the  adoption  of  a  freshwater   wetlands   protection  law  or  ordinance  pursuant  to  this  article,  the  local   government shall notify the department thereof,  under  such  terms  and   conditions  as the department may prescribe, together with its technical   and administrative capacity to administer the act. Failure  of  a  local   government  to  give such notice shall constitute a transfer of function   pursuant to this subdivision and section 24-0503.5. A local government or the department shall have the right,  in  its   regulation  of  freshwater  wetlands  within its jurisdiction, to charge   such fees and expenses to an applicant  for  official  action  as  shall   enable it to recover the costs incurred by reason of such application.6.  Any  local  government  which  defaults or transfers its authority   pursuant to subdivision four of this section or section 24-0503 of  this   article,  may  recover  such  authority  at any time by adopting a local   freshwater wetland protection local law  or  ordinance  consistent  with   this  article  and  notifying  the  county  and  the  department  of the    adoption. Such notice shall be given by certified mail within  ten  days   of  the  adoption  thereof. Such local law or ordinance shall not become   effective in less than sixty nor more than one  hundred  days  from  the   adoption thereof.7. The technical services of the department shall be made available to   municipalities,  on  a fee basis, in the implementation of the procedure   herein set forth.