reglab/statecodes huggingface dataset:
2023 New York Laws › ENV - Environmental Conservation › Article 23 - Mineral Resources › Title 17 - Liquefied Natural and Petroleum Gas › 23-1707 - Environmental Safety Permit; Siting.

§ 23-1707. Environmental safety permit; siting.
No  person  shall commence the preparation of a site for, or begin the
  construction of,  a  liquefied  natural  or  petroleum  gas  storage  or
  conversion  facility  in  the  state  without  having  first obtained an
  environmental safety permit issued with  respect  to  such  facility  or
  activity  by  the commissioner pursuant to this title. Any such facility
  with respect to which a permit is issued shall not thereafter be  built,
  maintained  or  operated,  and any such activity with respect to which a
  permit is issued, shall not be carried out, except  in  conformity  with
  such  permit and any terms, limitations or conditions contained therein;
  provided that nothing herein shall exempt such facility from  compliance
  with  state  law  and  regulations thereunder or with municipal laws and
  regulations thereunder not inconsistent  with  the  provisions  of  such
  permit.  A  permit  may  be  transferred, subject to the approval of the
  commissioner,  to  a  person  who  agrees  to  comply  with  the  terms,
  limitations  and  conditions  contained  therein. This section shall not
  apply to a liquefied natural or  petroleum  gas  storage  or  conversion
  facility  in  actual  use  and  operation  on  September first, nineteen
  hundred seventy-six.
2023 New York Laws › ENV - Environmental Conservation › Article 23 - Mineral Resources › Title 17 - Liquefied Natural and Petroleum Gas › 23-1711 - Permit Processing.

§ 23-1711. Permit processing.
1.  Any person desiring to construct, reconstruct, enlarge the storage
  capacity or,  if  constructed  but  unused,  put  into  actual  use  and
  operation  a  liquefied  natural  or petroleum gas facility in the state
  shall obtain a permit pursuant to this section.
2.  Notice of any public hearing  conducted  in  connection  with  any
  environmental   safety  permit  shall  be  published  in  at  least  two
  newspapers having a  general  circulation  in  the  area  in  which  the
  proposed  activity  is  located,  and  in  contiguous  areas potentially
  affected by the proposed action.
3. The department shall render a decision based upon the record either
  granting the permit,  denying  it,  or  granting  it  upon  such  terms,
  conditions,  limitations, or modifications thereof as the department may
  deem appropriate. The department shall  deny  a  permit  if  residential
  areas  and  contiguous  populations, will be endangered, or it otherwise
  does not conform  to  the  siting  criteria  established  for  liquefied
  natural  or  petroleum  gas facilities, or the department finds that the
  facility is not necessary, or is otherwise not in the public interest to
  be approved.
2023 New York Laws › ENV - Environmental Conservation › Article 23 - Mineral Resources › Title 17 - Liquefied Natural and Petroleum Gas › 23-1721 - Hardship; Petition and Hearing; Permit.

§ 23-1721. Hardship; petition and hearing; permit.
1.  Any  person,  upon  a showing of hardship caused by the moratorium
  under subdivision one of section 23-1719 may petition the department for
  a review of the application of the moratorium to any  proposed  activity
  subject  to this title. This shall be by notice to the department of the
  activity proposed to be conducted, including the information related  to
  geographical  location, nature of proposed use, storage, transportation,
  or conversion, and proposed and projected amounts of  liquefied  natural
  or  petroleum  gas  proposed  to  be  used  or  handled  as  required in
  subdivision two of  section  23-1719  and  subdivision  two  of  section
  23-1717.
2.  Thereafter,  within thirty days after receipt of the petition, the
  department shall schedule a hearing upon thirty days' notice, to be held
  in accordance with the other requirements  of  paragraphs  d  and  e  of
  subdivision two of section 23-1719, insofar as applicable, and upon such
  further terms and conditions as it may establish.
3.  If  the  proposed  activity  is not contrary to the policy of this
  title, or of any  provision  thereof,  the  department  may  permit  the
  activity to continue during the moratorium, provided that permission may
  be  revoked  by  the department if its terms are violated, and provided,
  further, that any such hardship permit issued by the department shall be
  in addition to, and not in lieu of such certification as may be required
  by any municipality within  the  jurisdiction  of  which  such  proposed
  activity  will  be  undertaken. Cost of application and hearing shall be
  assessed against the applicant.
2023 New York Laws › ENV - Environmental Conservation › Article 23 - Mineral Resources › Title 17 - Liquefied Natural and Petroleum Gas › 23-1723 - Judicial Review.

§ 23-1723. Judicial review.
Review  under  this  title  may  be  had in a proceeding under article
  seventy-eight of the civil practice law and rules at the instance of any
  person aggrieved.
2023 New York Laws › ENV - Environmental Conservation › Article 23 - Mineral Resources › Title 17 - Liquefied Natural and Petroleum Gas › 23-1725 - Preservation of Jurisdiction of Public Service Commission; Consultation and Coordination With Commission and Energy Office.

§ 23-1725. Preservation  of  jurisdiction  of public service commission;
consultation and coordination with  commission  and  energy
office.
Except  herein  as  specifically  provided  with  regard to the public
  safety, as legislatively determined,  this  title  shall  not  otherwise
  affect  the  jurisdiction  of  the  public  service  commission  in  the
  performance  of  its  statutory  responsibilities  with  regard  to  the
  regulation  of utilities, the setting of rates, and other aspects of its
  jurisdiction. The department shall consult on a  continuing  basis  with
  the   public   service  commission  and  the  state  energy  office,  if
  established, in the administration of this title, and  shall  coordinate
  its  administration  thereof  with  those  agencies  in the interests of
  coordinated state energy policy.
2023 New York Laws › ENV - Environmental Conservation › Article 23 - Mineral Resources › Title 17 - Liquefied Natural and Petroleum Gas › 23-1727 - Severability.

§ 23-1727. Severability.
If  any part of this title or the application thereof to any person or
  circumstances shall be adjudged to be invalid by a  court  of  competent
  jurisdiction,   such   order  or  judgment  shall  be  confined  in  its
  applicability to the controversy in  which  it  was  rendered,  and  not
  affect  or  invalidate  the remainder of any provision of any section or
  subdivision hereof or  the  application  of  any  part  of  the  act  so
  interpreted,  or  otherwise, to any other person or circumstance, and to
  this end the provisions of each section of the act, and of  subdivisions
  and parts thereof, are hereby declared to be separable.
2023 New York Laws › ENV - Environmental Conservation › Article 23 - Mineral Resources › Title 19 - Oil, Gas and Solution Mining Regulation and Reclamation Fee › 23-1901 - Construction of Title.

§ 23-1901. Construction of title.
1. Nothing contained herein shall release a person from any obligation
  imposed  by  the  provisions  of  this  article or rules and regulations
  promulgated thereunder.
2. This  title  shall  supersede  all  other  laws  enacted  by  local
  governments  or  agencies concerning the imposition of a fee relating to
  circumstances described in this title. Nothing in the preceding sentence
  or in this title shall  be  construed  as  superseding  or  in  any  way
  limiting the right of any local government to impose real property taxes
  pursuant to the real property tax law.
3.  Except as otherwise provided in subdivision 4 of this section, the
  following owners shall not be subject to the fees imposed in this title:
a.  The  United  States  of  America  or  any  of  its   agencies   or
  instrumentalities;
b. The state of New York or any of its agencies; and
c. Local Agencies.
4.  Agencies  shall  be subject to the fees imposed in this title when
  such agencies produce oil or gas, or engage in solution mining, for sale
  or exchange.
2023 New York Laws › ENV - Environmental Conservation › Article 23 - Mineral Resources › Title 19 - Oil, Gas and Solution Mining Regulation and Reclamation Fee › 23-1903 - Imposition of Oil, Gas and Solution Mining Regulation and Reclamation Fees.

§ 23-1903. Imposition  of  oil,  gas  and solution mining regulation and
reclamation fees.
1. When a permit is granted to a person by the department pursuant  to
  section  23-0305  of  this  article  to  drill  a  well or when a person
  converts a well to one subject to the oil, gas and solution mining  law,
  such person shall pay to the department:
a.  A one hundred dollar fee to be credited to the oil and gas account
  established under chapter fifty-eight of the laws  of  nineteen  hundred
  eighty-two; and
b.  A  fee  in  accordance  with  the  depth drilled or expected to be
  drilled as set forth below:
0-  500ft. - $  190
501- 1000ft. - $  380
1001- 1500ft. - $  570
1501- 2000ft. - $  760
2001- 2500ft. - $  950
2501- 3000ft. - $1,140
3001- 3500ft. - $1,330
3501- 4000ft. - $1,520
4001- 4500ft. - $1,710
4501- 5000ft. - $1,900
5001- 5500ft. - $2,090
5501- 6000ft. - $2,280
6001- 6500ft. - $2,470
6501- 7000ft. - $2,660
7001- 7500ft. - $2,850
7501- 8000ft. - $3,040
8001- 8500ft. - $3,230
8501- 9000ft. - $3,420
9001- 9500ft. - $3,610
9501-10,000ft.- $3,800
over 10,000ft.- $3,800 plus $190 for each incremental 500
feet of depth over 10,000 feet.
A person who has paid the fees described shall not be required to  pay
  any  additional  fee  for a well conversion.  The fee for well deepening
  permits pertaining to wells for which a well drilling permit was  issued
  after   August  twenty-fifth,  nineteen  hundred  eighty-one,  shall  be
  calculated on the basis of the additional depth drilled.
In the event the actual depth drilled exceeds the depth expected to be
  drilled, an additional amount shall be paid such that the total fee paid
  shall be in accordance with the schedule set forth in this paragraph.
2. Upon requesting from the department  any  determination  under  the
  Natural  Gas  Policy  Act,  such person shall pay a fifty dollar fee per
  well for each such determination.
3. The department shall have the  authority  to  establish  reasonable
  fees  by  rule  for  closed-loop boreholes deeper than five hundred feet
  below the earth's surface pursuant to  subdivision  fifteen  of  section
  23-0305  of  this  article  to  be  credited  to the oil and gas account
  established under chapter fifty-eight of the laws  of  nineteen  hundred
  eighty-two  for  the  purposes of environmental protection or greenhouse
  gas emission reduction.
2023 New York Laws › ENV - Environmental Conservation › Article 23 - Mineral Resources › Title 23 - Rerefining of Used Oil › 23-2301 - Definitions.

§ 23-2301. Definitions.
For the purposes of this title:
1.  The  term  "used  oil"  means all petroleum-based lubricating oils
  which have  through  use  been  contaminated  by  physical  or  chemical
  impurities which have not been removed by subsequent rerefining;
2.  The  term "rerefined oil" means used oil which has been refined to
  remove the physical and  chemical  contaminants  so  that  it  shall  be
  suitable  for  lube  stock  or  fuel  oil acquired through use, which by
  itself or when blended  with  new  oil  or  additives  is  substantially
  equivalent  or  superior  to  new oil intended for the same purposes, as
  specified  in  the  American  Petroleum   Institute's   engine   service
  classifications;
3. The term "new oil" means all oil which has been refined from virgin
  oil  and  may or may not contain additives, but has never been used, and
  does not include used oil or rerefined oil;
4. The term "lubricating oil" means all petroleum-based oil which:
a. is suitable for use as a lubricant, or
b. is sold for use as a lubricant, and
c. is not consumed in normal use;
5. The  term  "fuel  oil"  means  all  oil  which  has  been  refined,
  rerefined,  or  otherwise  processed  for the purpose of being burned to
  produce heat;
6.  The  term  "on-premises  oil   changing   operation"   means   any
  establishment that drains or collects used oil and replaces the used oil
  with new or rerefined lubricating oil;
7.  The  term  "service  establishment" means every automobile service
  station including gas only outlets and any other retail outlet and  boat
  marina selling at least five hundred gallons of lubricating oil annually
  and having an on-premises oil changing operation;
8.  The  term  "used  oil  collector"  means  any waste transporter as
  defined in title three of  article  twenty-seven  of  this  chapter  who
  controls  a  system  which functions to retrieve or collect used oil for
  sale or transfer to oil rerefining facilities, or for other  methods  of
  disposal, but shall not include service establishments;
9.  The  term  "rerefiner"  means any person who rerefines used oil to
  remove its physical and chemical contaminants; and
10. The term  "disposal"  means  the  discharge,  deposit,  injection,
  dumping,  spilling,  leaking  or  placing of any used oil into or on any
  land or water so that such used oil or any related  constituent  thereof
  may  enter the environment or be emitted into the air or discharged into
  any waters of the state including groundwaters thereof.  Disposal  shall
  include the incineration of used oil and the burning of used oil for the
  purpose of recovering usable energy.
11.  The  term  "retail  establishment"  means every vendor that sells
  lubricating oil at retail  in  quantities  in  excess  of  one  thousand
  gallons per year.
2023 New York Laws › ENV - Environmental Conservation › Article 23 - Mineral Resources › Title 23 - Rerefining of Used Oil › 23-2303 - Official Encouragement for the Use of Rerefined Oil.

§ 23-2303. Official encouragement for the use of rerefined oil.
All  state  and  local  officials  shall act within their authority to
  encourage the use of rerefined oil. Such action shall include,  but  not
  be limited to:
1.   Review   of  any  laws,  rules  and  regulations,  ordinances  or
  specifications which exclude the use of rerefined oil products that meet
  the standards as specified in the American Petroleum Institute's  engine
  service classifications for oil products; and
2.  Educating  the  private sectors of the economy as to the merits of
  rerefined oil, and the need for its use in order to reduce the drain  on
  the  nation's oil reserves and minimize the disposal of used oil in ways
  harmful to the environment.
2023 New York Laws › ENV - Environmental Conservation › Article 23 - Mineral Resources › Title 23 - Rerefining of Used Oil › 23-2305 - Regulations of the Commissioner.

§ 23-2305. Regulations of the commissioner.
The  commissioner  shall,  after  holding  a  public  hearing with due
  notice, promulgate rules and regulations governing used  oil  collectors
  and  rerefiners,  in  conformance  with  article  twenty-seven  of  this
  chapter, to carry out the requirements of this title.
2023 New York Laws › ENV - Environmental Conservation › Article 23 - Mineral Resources › Title 23 - Rerefining of Used Oil › 23-2308 - Prohibited Disposal of Used Oil.

§ 23-2308. Prohibited disposal of used oil.
1.  No  person shall engage in the improper disposal of used oil. Used
  oil shall only be deposited in an available used oil retention  facility
  or disposed of as otherwise authorized or permitted by the commissioner.
The  provisions of this section shall not apply to the use of used oil
  for maintenance or lubrication of agricultural equipment.
2. No person shall sell or offer for sale a used oil disposal  kit  or
  product  which  is  comprised  of  absorbent  material  into  which  the
  lubricating oil from a vehicle is drained when performing an oil  change
  and  which  is  intended for disposal into the solid waste stream rather
  than for reuse or recycling.
2023 New York Laws › ENV - Environmental Conservation › Article 23 - Mineral Resources › Title 23 - Rerefining of Used Oil › 23-2311 - Reports.

§ 23-2311. Reports.
The  commissioner  shall in consultation with the commissioners of the
  state energy office and transportation, submit a report to the  governor
  and legislature not later than April first of each year, containing, but
  not limited to, the following information:
1.  The  amount  of  lubricating  oil sold throughout the state in the
  previous year;
2. The amount and location  of  used  oil  collected  and  the  amount
  received in the previous year;
3.  The  significance  of  used  oil as a contributor to air and water
  pollution and other environmental problems;
4. The problems of the oil rerefining industry  in  carrying  out  the
  purposes  of  this  title, and possible solutions thereto, including but
  not limited to, new technological requirements, marketing techniques and
  deficiencies and suggested tax incentive programs;
5. The estimated impact which the provisions of this title  and  other
  relevant  provisions  of law have had upon the conservation of petroleum
  resources; and
6. Proposals for further legislative action to aid in carrying out the
  purposes of this title.
2023 New York Laws › ENV - Environmental Conservation › Article 23 - Mineral Resources › Title 24 - New York State Oil Energy Conservation Program › 23-2401 - Legislative Intent.

§ 23-2401. Legislative intent.
The  legislature  finds  and  declares  that  the  conservation of the
  state's oil reserves will be of broad  benefit  to  the  state.  Through
  utilization  of  modern well closure technologies, oil will be conserved
  for the state's future. The legislature further finds that such  closure
  will  provide  an  increased supply of high grade crude oil used for the
  development of advanced lubricants which are crucial in the promotion of
  the use of high efficiency engines.  In  recognition  of  the  potential
  energy  conservation  benefits  to  be  accrued from the closure of such
  wells, the legislature declares  that  a  program  directed  toward  the
  implementation  of  modern  well  closure  technologies on abandoned oil
  wells will provide energy, economic and environmental  benefits  to  the
  state.
2023 New York Laws › ENV - Environmental Conservation › Article 23 - Mineral Resources › Title 24 - New York State Oil Energy Conservation Program › 23-2402 - New York State Oil Energy Conservation Program.

§ 23-2402. New York state oil energy conservation program.
1.  The  department shall actively implement a modern oil well closure
  technologies program which shall assist in the implementation of closure
  technologies on abandoned oil wells and well fields in  the  state.  The
  program shall:
a.  promote  the  implementation  of  plugging closure technologies on
  abandoned oil wells; and
b. identify special needs and problems facing firms implementing  well
  plugging  technologies  on  abandoned oil wells and recommend approaches
  and solutions to address such identified needs and problems.
2. The program shall provide for  grants  for  programs  of  oil  well
  plugging  on  abandoned  oil  wells  by  persons, firms, or corporations
  located in the state of New York.
3. Applications for grants under this program shall be evaluated based
  upon the following criteria:
a. the technical feasibility of the proposals;
b. the energy conservation potential of such applications;
c. the extent such closure will  provide  for  high  grade  crude  oil
  utilized for the development of high efficiency lubricants;
d.  the  environmental  benefits to be accrued from the utilization of
  such technologies; and
e. the possibilities for dissemination of the closure technologies  to
  other firms.
4. The department, in carrying out the provisions of this title, shall
  coordinate, where feasible, with the state energy office.
2023 New York Laws › ENV - Environmental Conservation › Article 23 - Mineral Resources › Title 27 - New York State Mined Land Reclamation Law › 23-2709 - Administration of Title.

§ 23-2709. Administration of title.
1. The department shall have and be entitled to exercise the following
powers and duties:
(a) to issue permits in accordance with the criteria set forth in this
article and the rules and regulations promulgated thereunder;
(b)  to  administer  and  enforce the provisions of this title and any
rule or regulation  promulgated  thereunder  or  order  issued  pursuant
thereto;
(c)  to  establish environmental standards and criteria for mining and
reclamation of the affected land to achieve the purposes of this title;
(d) to  order,  pursuant  to  section  71-0301  of  this  chapter,  an
immediate  suspension  of mining or reclamation operations or operations
incidental or appurtenant thereto whenever  such  operations  are  being
carried  on  in  violation  of  this  title or of rules, regulations and
orders adopted pursuant thereto;
(e) to conduct investigations and obtain data with respect to research
experiments  and  demonstrations,  and  to   collect   and   disseminate
information regarding mining and reclamation;
(f)  to  accept grants or funds for purposes of administration of this
title and research into the fields of mining and land reclamation;
(g) to cooperate with any other governmental  entity  to  further  the
purposes of this title;
(h)  to  contract with the soil and water conservation district in the
county where a mine is located to achieve the purposes of this title;
(i) to allow, upon agreement by the department and the permittee,  the
reclamation of unreclaimed land affected by mining prior to April first,
nineteen  hundred  seventy-five, as a substitute for reclamation of land
affected by mining after that date, provided that  a  net  environmental
benefit results from such substitution; and
(j)  to determine, after notice and an opportunity for a hearing, if a
mining operation has been abandoned.
2. This title shall not apply to the commissioner of general  services
acting  with  respect  to lands under water pursuant to the public lands
law.
3. The state geological survey shall be the state  agency  responsible
for  the  collection  of mineral production information for the state in
association with the United States bureau of mines. The state geological
survey shall also continue to be the state agency  responsible  for  the
conduct   of  mineral  resource  investigations  and  inventories.  Such
information shall be made available to the department upon  request  and
the  survey shall have access to any records of the department collected
in conjunction with the administration of this title.
2023 New York Laws › ENV - Environmental Conservation › Article 23 - Mineral Resources › Title 27 - New York State Mined Land Reclamation Law › 23-2719 - Enforcement.

§ 23-2719. Enforcement.
The provisions of this title and any rules and regulations promulgated
  thereunder  shall  be  enforced pursuant to title 13, article 71 of this
  chapter.
2023 New York Laws › ENV - Environmental Conservation › Article 23 - Mineral Resources › Title 27 - New York State Mined Land Reclamation Law › 23-2721 - Judicial Review.

§ 23-2721. Judicial review.
Any  act, omission, determination or order of the department or of any
  officer or employee thereof, pursuant to or within  the  scope  of  this
  title,  may  be reviewed in accordance with article seventy-eight of the
  civil practice law and rules.
2023 New York Laws › ENV - Environmental Conservation › Article 23 - Mineral Resources › Title 27 - New York State Mined Land Reclamation Law › 23-2723 - Severability.

§ 23-2723. Severability.
The  provisions  of  this  title shall be severable and if any phrase,
  clause, sentence or  provision  of  this  title,  or  the  applicability
  thereof  to  any  person  or  circumstance  shall  be  held invalid, the
  remainder of this  title  and  the  application  thereof  shall  not  be
  affected thereby.
2023 New York Laws › ENV - Environmental Conservation › Article 24 - Freshwater Wetlands › Title 1 - General Provisions and Public Policy › 24-0103 - Declaration of Policy.

§ 24-0103. Declaration of policy.
It  is  declared  to  be  the  public policy of the state to preserve,
  protect and  conserve  freshwater  wetlands  and  the  benefits  derived
  therefrom,  to  prevent  the  despoliation and destruction of freshwater
  wetlands, and to regulate use and development of such wetlands to secure
  the natural benefits of freshwater wetlands, consistent with the general
  welfare and beneficial economic, social and agricultural development  of
  the state.
2023 New York Laws › ENV - Environmental Conservation › Article 24 - Freshwater Wetlands › Title 5 - Local Implementation › 24-0503 - Transfer of Function to County; Supersession by Department.

§ 24-0503. Transfer of function to county; supersession by department.
1.  In the event that a town, village, city or county shall certify in
  writing, as hereinafter provided, that it does not possess the technical
  capacity or the procedures effectively to carry out the requirements  of
  this  title,  such  local function shall be transferred to the county or
  the department, as the case may  be.  The  certification  of  the  town,
  village  or  city  shall  be  by  certified  mail to the chief executive
  officer of the county, or, in the case of a county, to the commissioner.
2. In the  event  that  the  commissioner  shall  find  that  a  local
  government  does  not  possess the technical capacity or the implemented
  procedures effectively to carry out the requirements of this title,  and
  that  his  failure  to  act will entail a default, or the potential of a
  default,  in  freshwater  wetlands  regulation,  the  commissioner   may
  supersede the local government and order, alternatively, either that the
  local  function  be  transferred  to  the county, or that the department
  itself undertake the local function, all  to  the  extent  necessary  to
  carry  out  the  purposes of this article. The supersession of the local
  government, shall be by order of the  commissioner  sent,  by  certified
  mail, to the chief executive officer of the local government involved.
3.  In  the event of transfer or supersession under subdivision one or
  two of this section, subsequent proceedings shall be in accordance  with
  the further requirements of this article.
2023 New York Laws › ENV - Environmental Conservation › Article 24 - Freshwater Wetlands › Title 5 - Local Implementation › 24-0505 - Exemption From Local Implementation.

§ 24-0505. Exemption from local implementation.
The  commissioner, by rule, may exempt from local implementation under
  this title those freshwater wetlands which, by reason of their  size  or
  special  characteristics  of  unique environmental value or by reason of
  common characteristics, are appropriately to be administered pursuant to
  this article by the department alone. Such rule, based upon findings  of
  fact  made after public hearing, may relate to classes of wetlands based
  on size or particular characteristics, or  to  particular  wetlands  the
  characteristics  of  which  make  them  subject  to  the exercise of the
  commissioner's discretion pursuant to  this  section.  The  commissioner
  shall  make  an  order  to  such effect in each such instance and send a
  certified copy thereof to the executive officer of each local government
  affected thereby within ten days of his signing  the  same;  such  order
  shall not take effect until forty days after such signing.
2023 New York Laws › ENV - Environmental Conservation › Article 24 - Freshwater Wetlands › Title 5 - Local Implementation › 24-0507 - Reservation of Local Jurisdiction.

* § 24-0507. Reservation of local jurisdiction.
Except  as provided in this article, jurisdiction over all areas which
  would qualify as freshwater wetlands except that they are not designated
  as such on the freshwater wetlands map pursuant to  section  24-0301  of
  this  article because they are less than twelve and four-tenths acres in
  size and are not of unusual local importance is reserved  to  the  city,
  town  or  village in which they are wholly or partially located, and the
  implementation  of  this   article   with   respect   thereto   is   the
  responsibility of said city, town or village, in accordance with section
  24-0501  and  title twenty-three of article seventy-one of this chapter,
  except that a city, town or village in the exercise of its powers  under
  this section, shall not be subject to the provisions of subdivision four
  of  section  24-0501,  subdivisions two and three of section 24-0503, or
  section 24-0505 of this article.
* NB Effective until January 1, 2025
  * § 24-0507. Reservation of local jurisdiction.
** 1. Except as provided in this article, jurisdiction over all  areas
  which  would  qualify  as  freshwater  wetlands  less  than  twelve  and
  four-tenths acres in size and are not of unusual importance is  reserved
  to  the  city,  town  or  village  in which they are wholly or partially
  located, and the implementation of this article with respect thereto  is
  the  responsibility  of  said  city, town or village, in accordance with
  section 24-0501 and title twenty-three of article  seventy-one  of  this
  chapter,  except  that  a  city,  town or village in the exercise of its
  powers under this section, shall not be subject  to  the  provisions  of
  subdivision  four  of  section  24-0501,  subdivisions  two and three of
  section 24-0503, or section 24-0505 of this article.
** NB Effective January 1, 2025 until January 1, 2028
** 1. Except as provided in this article, jurisdiction over all  areas
  which   would  qualify  as  freshwater  wetlands  less  than  seven  and
  four-tenths acres in size and are not of unusual importance is  reserved
  to  the  city,  town  or  village  in which they are wholly or partially
  located, and the implementation of this article with respect thereto  is
  the  responsibility  of  said  city, town or village, in accordance with
  section 24-0501 and title twenty-three of article  seventy-one  of  this
  chapter,  except  that  a  city,  town or village in the exercise of its
  powers under this section, shall not be subject  to  the  provisions  of
  subdivision  four  of  section  24-0501,  subdivisions  two and three of
  section 24-0503, or section 24-0505 of this article.
** NB Effective January 1, 2028
2. The department shall consult with any city, town, or  village  that
  exercises its powers under this section for the protection of freshwater
  wetlands.
* NB Effective January 1, 2025
2023 New York Laws › ENV - Environmental Conservation › Article 24 - Freshwater Wetlands › Title 5 - Local Implementation › 24-0509 - Relationship to Other Laws.

§ 24-0509. Relationship to other laws.
No  provision of this article shall be deemed to remove from any local
  government any authority pertaining  to  the  regulation  of  freshwater
  wetlands,  whether  such  wetlands  are  under  the  jurisdiction of the
  department or a county pursuant to subdivision 4 of section  24-0501  of
  this title, under the county, general city, general municipal, municipal
  home  rule, town, village, or any other law, provided, however, that any
  such regulation by a local government shall be at least as protective of
  freshwater wetlands  as  the  regulations  in  effect  pursuant  to  the
  provisions  of  this  chapter  or  any  rule  or  regulation promulgated
  pursuant to the provisions of  this  article  or  pursuant  to  a  local
  freshwater  wetlands  protection  law  or  ordinance adopted by a county
  pursuant to the provisions of section 24-0501 of this title.
2023 New York Laws › ENV - Environmental Conservation › Article 24 - Freshwater Wetlands › Title 5 - Local Implementation › 24-0511 - Local Freshwater Wetlands Protection Procedures in the Adirondack Park.

§ 24-0511. Local   freshwater  wetlands  protection  procedures  in  the
Adirondack park.
Except for section 24-0509, this title shall not apply  to  freshwater
  wetlands protection laws or ordinances adopted by towns or villages with
  respect  to  their  territories within the Adirondack park. Such laws or
  ordinances are governed by title eight of this article.
2023 New York Laws › ENV - Environmental Conservation › Article 24 - Freshwater Wetlands › Title 8 - Regulation of Wetlands in the Adirondack Park › 24-0801 - Permits for Wetlands in the Adirondack Park.

§ 24-0801. Permits for wetlands in the Adirondack park.
1.  As used in this title, the term "freshwater wetlands", in addition
  to its meaning  under  section  24-0107  of  this  article,  shall  mean
  "wetlands"  as  defined  in  subdivision  sixty-eight  of  section eight
  hundred two of article twenty-seven of the executive law.
2. Where the activities otherwise subject  to  regulation  under  this
  article involve freshwater wetlands located within the boundaries of the
  Adirondack park, the inquiries referred to and the applications provided
  for  in  section 24-0703 of this article shall be made to and filed with
  the Adirondack park  agency  at  its  headquarters  office,  under  such
  regulations and procedures as the Adirondack park agency may promulgate.
  The  Adirondack park agency shall review the application in place of the
  commissioner or local government as provided in section 24-0705 of  this
  article,  having  due regard for the declaration of policy and statement
  of findings set forth in this article and  for  the  considerations  set
  forth  in subdivision one of section 24-0705 of this article. The agency
  shall in addition determine prior to the granting of any permit that the
  proposed activity will be consistent with the Adirondack park  land  use
  and development plan and would not have an undue adverse impact upon the
  natural, scenic, aesthetic, ecological, wildlife, historic, recreational
  or  open  space  resources of the park, taking into account the economic
  and social or other benefits to be derived from the activity. Any person
  may seek review of a ruling made solely pursuant to  the  provisions  of
  this article by the Adirondack park agency pursuant to the provisions of
  article seventy-eight of the civil practice law and rules.
2023 New York Laws › ENV - Environmental Conservation › Article 24 - Freshwater Wetlands › Title 8 - Regulation of Wetlands in the Adirondack Park › 24-0803 - Transfer of Jurisdiction to Local Government.

§ 24-0803. Transfer of jurisdiction to local government.
1.  Notwithstanding  anything in article twenty-seven of the executive
law to the contrary, the Adirondack park agency may transfer to  a  town
or  village  any  or  all  of its jurisdiction over regulated activities
conducted upon, or land use and development  or  subdivision  involving,
those  wetlands  located  on  private lands which it finds, due to their
size or other characteristics, are of lesser regional importance and are
appropriately to be administered by such local governments alone.
2. The agency shall not transfer such jurisdiction unless the town  or
village  (a)  has  adopted  and  implemented a local freshwater wetlands
protection law or ordinance or has in a local land use program  provided
by local law or ordinance for the protection of such wetlands, which law
or ordinance:
(i) meets the criteria set forth in subdivision two of section 24-0501
of this article,
(ii)  provides  for  a  review  of  regulated activities, land use and
development and subdivision pursuant  to  the  standards  set  forth  in
subdivision two of section 24-0801 of this article, and
(iii)  contains at a minimum land use regulations meeting the criteria
of subdivision one of section 24-0903 of this article; and
(b) possesses the technical or administrative capacity  to  administer
the local law or ordinance.
3.  In connection with a transfer of its jurisdiction pursuant to this
section, the agency may impose reasonable conditions in  furtherance  of
the policies and purposes of this article and of article twenty-seven of
the executive law.
4.  A  local  government  regulating wetlands pursuant to this section
shall have the right 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.
5. The technical services of the department or  the  agency  shall  be
made   available  to  towns  and  villages,  on  a  fee  basis,  in  the
implementation of the procedures set forth in this section.
2023 New York Laws › ENV - Environmental Conservation › Article 24 - Freshwater Wetlands › Title 8 - Regulation of Wetlands in the Adirondack Park › 24-0805 - Land Use Regulations for Freshwater Wetlands in the Adirondack Park.

§ 24-0805. Land   use   regulations   for  freshwater  wetlands  in  the
Adirondack park.
Except as to wetlands upon private lands within local  governments  to
  which  jurisdiction  has been transferred pursuant to section 24-0803 of
  this article,  the  Adirondack  park  agency  shall  also  exercise  the
  functions  assigned  to  the  commissioner under section 24-0903 of this
  article.
2023 New York Laws › ENV - Environmental Conservation › Article 24 - Freshwater Wetlands › Title 9 - Freshwater Wetlands Preservation Program › 24-0901 - Cooperative Agreements.

§ 24-0901. Cooperative agreements.
* 1.  Upon completion of the freshwater wetlands map, the commissioner
  shall confer with local government officials in each region in which the
  inventory has been conducted to establish a program for  the  protection
  of the freshwater wetlands of the state.
* NB Effective until January 1, 2025
* 1.  The commissioner shall confer with local government officials in
  each region to establish a program for the protection of the  freshwater
  wetlands of the state.
* NB Effective January 1, 2025
2.  The  commissioner  may  enter into cooperative agreements with any
  city, village, town or county, or with an owner of  freshwater  wetlands
  or  with  any  one  or  more  of them, for the purpose of preserving and
  maintaining, in accordance with the  policies  of  this  article,  those
  freshwater  wetlands  which  are  within  the  boundaries  of such city,
  village, town or county.
3.  The  cooperative  agreement  shall  provide  that  the  freshwater
  wetlands  be  preserved  and  maintained  in their natural state and may
  provide for access thereto to be retained by  such  owner  for  purposes
  compatible with the purposes of this article.
4. A cooperative agreement with any such village, town, city or county
  may  provide  for  the  development  by  personnel and facilities of the
  department or the payment out of funds appropriated  therefor,  for  the
  purpose  of  preserving,  maintaining,  or  enhancing  such  wetlands in
  accordance with the policies of this article, and for the furnishing  of
  such personnel, facilities or funds as may be agreed upon by the parties
  to the cooperative agreement.
5.  This  section  shall not prevent any freshwater wetland from being
  designated as part of the natural and historic preserves of  the  state,
  nor  shall  it prevent preservation of such lands by dedication as state
  parks.  The  office  of  parks  and  recreation  shall  outline  to  the
  commissioner  its  plans  to  preserve  freshwater wetlands as parks and
  reserves as soon as possible after the effective date of this article.
2023 New York Laws › ENV - Environmental Conservation › Article 24 - Freshwater Wetlands › Title 9 - Freshwater Wetlands Preservation Program › 24-0905 - Tax Abatement.

§ 24-0905. Tax abatement.
Any  freshwater  wetland  subject  to land use regulations pursuant to
  section 24-0903 of this article or subject to  a  cooperative  agreement
  pursuant to section 24-0901 of this article shall be deemed subject to a
  limitation  on the use of such wetlands for the purposes of property tax
  evaluation, in the same manner as if  an  easement  or  right  had  been
  acquired  pursuant to the general municipal law. Assessed value shall be
  based, during the duration of such agreement or regulations, on the uses
  remaining to the owner thereof.
2023 New York Laws › ENV - Environmental Conservation › Article 24 - Freshwater Wetlands › Title 13 - Miscellaneous Provisions › 24-1301 - Miscellaneous Provisions.

§ 24-1301. Miscellaneous provisions.
1.  The  provisions of this article shall not be construed to limit in
  any manner the functions, powers and duties of the commissioner  or  the
  department   of  environmental  conservation,  or  of  any  other  state
  department or agency, under this chapter or any other laws.
2. The commissioner, his agents or employees and the personnel of  the
  Adirondack  park  agency  may  enter  upon  any  lands  or  waters after
  reasonable  notice  and  for  good  cause  shown  for  the  purpose   of
  undertaking  any  investigations, examination, survey, or other activity
  for the purposes of this article.
3. The commissioner may adopt and, from time to time, amend rules  and
  regulations  consistent  with this article to assist him in carrying out
  his functions, powers and duties hereunder.
4. Notwithstanding any other provision of this  chapter,  a  privately
  owned  parcel of land or part thereof within the county of Richmond that
  did not contain a designation as a freshwater wetland on  the  tentative
  freshwater  wetlands  map  filed  in the office of the clerk of Richmond
  county in 1981 shall not be on any tentative freshwater wetlands map  if
  the landowner has any written determination from the department pursuant
  to  subdivision five of section 24-0703 of this article that such parcel
  of land or part thereof did not  meet  the  statutory  definition  of  a
  freshwater  wetland.  Such  representations  shall be considered to have
  been definitive when made, and such parcel or part thereof shall not  be
  designated  as a freshwater wetland on any final map filed in the office
  of the clerk of Richmond county pursuant to this article. The provisions
  of this subdivision shall not apply  to  any  parcel  of  land  or  part
  thereof,  purchased  after January first, nineteen hundred eighty-seven,
  or to any such parcel or part thereof owned wholly or  in  part  by  any
  unit  of  government  or agency or subdivision thereof, any authority or
  agency existing pursuant to governmental action, or subdivision thereof;
  including the state and the city of New York.
2023 New York Laws › ENV - Environmental Conservation › Article 24 - Freshwater Wetlands › Title 13 - Miscellaneous Provisions › 24-1303 - Severability.

§ 24-1303. Severability.
The  provisions of this article shall be severable, and if any clause,
  sentence, paragraph, subdivision  or  part  of  this  article  shall  be
  adjudged  by  any  court  of  competent jurisdiction to be invalid, such
  judgment shall not affect, impair or invalidate  the  remainder  thereof
  but  shall  be  confined  in  its  operation  to  the  clause, sentence,
  paragraph,  subdivision  or  part  thereof  directly  involved  in   the
  controversy in which such judgment shall have been rendered.
2023 New York Laws › ENV - Environmental Conservation › Article 24 - Freshwater Wetlands › Title 13 - Miscellaneous Provisions › 24-1305 - Applicability.

§ 24-1305. Applicability.
The  provisions  of  this  article  shall  not  apply to any land use,
  improvement or development for which  final  approval  shall  have  been
  obtained  prior  to  the  effective  date of this article from the local
  governmental authority or authorities having jurisdiction over such land
  use. As used in this section, the term "final approval" shall  mean  the
  issuance   of   a   building  permit  or  other  authorization  for  the
  commencement of the use,  improvement  or  development  for  which  such
  permit  or  authorization was issued or in those local governments which
  do not require such permits or authorizations, the  actual  commencement
  of the use, improvement or development of the land.
2023 New York Laws › ENV - Environmental Conservation › Article 25 - Tidal Wetlands › Title 1 - General Provisions and Public Policy › 25-0102 - Declaration of Policy.

§ 25-0102. Declaration of policy.
It  is  declared to be the public policy of this state to preserve and
  protect  tidal  wetlands,  and  to  prevent   their   despoliation   and
  destruction,  giving  due  consideration  to the reasonable economic and
  social development of the state.
2023 New York Laws › ENV - Environmental Conservation › Article 25 - Tidal Wetlands › Title 1 - General Provisions and Public Policy › 25-0103 - Definitions.

§ 25-0103. Definitions.
1. "Tidal wetlands" shall mean and include the following:
(a)  those areas which border on or lie beneath tidal waters, such as,
but not limited to, banks, bogs, salt marsh, swamps, meadows,  flats  or
other  low  lands  subject to tidal action, including those areas now or
formerly connected to tidal waters;
(b) all banks, bogs, meadows, flats and tidal marsh  subject  to  such
tides,  and  upon  which  grow or may grow some or any of the following:
salt hay (Spartina patens and Distichlis spicata), black  grass  (Juncus
Gerardi),   saltworts   (Salicornia   ssp.),   sea   lavender  (Limonium
carolinianum),  tall  cordgrass   (Spartina   pectinata   and   Spartina
cynosuroides),   hightide   bush   (Iva   frutescens),  cattails  (Typha
angustifolia and Typha latifolia), groundsel  (Baccharis  halmilifolia),
marsh  mallow (Hybiscus palustris) and the intertidal zone including low
marsh cordgrass (Spartina alterniflora).
2.  "Commissioner"  shall  mean  the  commissioner  of   environmental
conservation.
3.   "Pollution"  shall  mean  the  presence  in  the  environment  of
conditions or contaminants in quantities or characteristics which are or
may be injurious to human, plant, or marine  life,  wildlife,  or  other
animal  life,  or  to property, or which unreasonably interfere with the
comfortable  enjoyment  of  life  and  property  throughout  such  tidal
wetlands as may be affected thereby.
4.  "Person" shall mean any individual, public or private corporation,
political subdivision, government agency, department or  bureau  of  the
state,   bi-state  authority,  municipality,  industry,  co-partnership,
association, firm, trust, estate or any other legal entity whatsoever.
5. "Municipality" shall mean a village, town, city or county.