NY Env Conserv L § 24-0705 (2021)
2021 New York Laws ENV - Environmental Conservation Article 24 - Freshwater Wetlands Title 7 - Freshwater Wetlands Regulations 24-0705 - Granting Permits.

§ 24-0705. Granting permits.1.  In  granting, denying or limiting any permit, the local government   or the commissioner shall consider the effect of the  proposed  activity   with  reference  to  the  public  health  and  welfare,  fishing, flood,   hurricane and storm  dangers,  and  protection  or  enhancement  of  the   several  functions  of  the freshwater wetlands and the benefits derived   therefrom which are set forth in section 24-0103 of  this  article.  The   effects  of  the proposed activity shall be considered by the department   or a local government, as the case may  be,  irrespective  of  political   boundaries.2.  Duly  filed  notice  in  writing  that  the state or any agency or   subdivision thereof is  in  the  process  of  acquiring  any  freshwater   wetlands  by  negotiation  or condemnation shall be sufficient basis for   denial of any permit.3. No permit shall be granted under this section unless  the  proposed   activity is consistent with the land use regulations applicable pursuant   to  section  24-0903  of this article within the boundaries of the local   government involved and with the policy set forth in section 24-0103  of   this article.4.  In granting a permit, the local government or the commissioner may   limit the same or impose conditions or limitations designed to carry out   the public policy set forth in this article. The local government or the   commissioner may require a  bond  in  an  amount  and  with  surety  and   conditions   satisfactory   to  him  securing  to  the  state  or  local   government, as the case may  be,  compliance  with  the  conditions  and   limitations set forth in the permit. The local government may suspend or   revoke a permit if it finds that the applicant has not complied with any   of the conditions or limitations set forth in the permit or has exceeded   the  scope  of  the  activity as set forth in the application. The local   government may suspend the permit if the applicant fails to comply  with   the  terms  and  conditions  set  forth  in  the application. Department   suspension  and  revocation  proceedings  shall  be  governed   by   the   provisions  of  article  70  of  this  chapter and rules and regulations   adopted thereunder and  by  the  provisions  of  rules  and  regulations   adopted  by  the  department  as  provided  in  section  24-1301 of this   article.5. The local government or  the  commissioner  shall  state  upon  the   record  findings  and  reasons  for  all  actions taken pursuant to this   section.6. Review of the determination of  the  local  government  or  of  the   commissioner  shall  be, within a period of thirty days after the filing   thereof, pursuant to the provisions  of  article  seventy-eight  of  the   civil  practice law and rules. Any owner of the wetland affected and any   resident or citizen of the local government shall be deemed to have  the   requisite standing to seek review.7. In the event that the court finds the action reviewed constitutes a   taking  without  just  compensation,  and  the  land so regulated merits   protection under this article, the court may, at  the  election  of  the   commissioner,  either  (i)  set  aside  the  order  or  (ii) require the   commissioner to proceed  under  the  condemnation  law  to  acquire  the   wetlands or such less than fee rights therein as have been taken.