2023 New York Laws › ENV - Environmental Conservation › Article 24 - Freshwater Wetlands › Title 7 - Freshwater Wetlands Regulations › 24-0701 - Permits.

§ 24-0701. Permits.
* 1.  After  issuance  of  the official freshwater wetlands map of the
  state, or of any selected section or region thereof, any person desiring
  to conduct on freshwater wetlands as so designated thereon  any  of  the
  regulated  activities  set forth in subdivision two of this section must
  obtain a permit as provided in this title.
* NB Effective until January 1, 2025
* 1. Any person desiring to conduct activities on freshwater wetlands,
  or  the  regulated  areas  adjacent  to  these  wetlands  set  forth  in
  subdivision  two  of  this  section, must obtain a permit as provided in
  this title.
* NB Effective January 1, 2025
2.  Activities  subject  to  regulation  shall  include  any  form  of
  draining,  dredging,  excavation,  removal  of  soil, mud, sand, shells,
  gravel or other aggregate from any freshwater wetland,  either  directly
  or  indirectly;  and  any form of dumping, filling, or depositing of any
  soil, stones, sand, gravel, mud, rubbish or fill  of  any  kind,  either
  directly  or  indirectly; erecting any structures, roads, the driving of
  pilings, or placing of any other obstructions whether  or  not  changing
  the  ebb and flow of the water; any form of pollution, including but not
  limited  to,  installing  a  septic  tank,  running  a  sewer   outfall,
  discharging  sewage treatment effluent or other liquid wastes into or so
  as to drain into a freshwater wetland;  and  any  other  activity  which
  substantially  impairs any of the several functions served by freshwater
  wetlands or the benefits  derived  therefrom  which  are  set  forth  in
  section  24-0105  of  this  article.  These  activities  are  subject to
  regulation whether or not they occur upon the wetland  itself,  if  they
  impinge  upon  or  otherwise  substantially  affect the wetlands and are
  located not more than  one  hundred  feet  from  the  boundary  of  such
  wetland.  Provided, that a greater distance from any such wetland may be
  regulated pursuant to this article by the appropriate  local  government
  or  by  the  department,  whichever  has jurisdiction over such wetland,
  where necessary to protect and preserve the wetland.
3. The depositing or removal of the natural products of the freshwater
  wetlands  by  recreational   or   commercial   fishing,   shell-fishing,
  aquaculture,  hunting  or  trapping  shall  be  excluded  from regulated
  activities, where otherwise legally permitted and regulated.
* 4. The activities of farmers and other  landowners  in  grazing  and
  watering livestock, making reasonable use of water resources, harvesting
  natural  products  of the wetlands, selectively cutting timber, draining
  land  or  wetlands  for  growing  agricultural  products  and  otherwise
  engaging  in  the use of wetlands or other land for growing agricultural
  products shall be excluded  from  regulated  activities  and  shall  not
  require  a  permit  under subdivision one hereof, except that structures
  not  required  for  enhancement  or  maintenance  of  the   agricultural
  productivity  of  the  land  and  any  filling  activities  shall not be
  excluded hereunder, and provided that the use of land  designated  as  a
  freshwater  wetland  upon  the  freshwater wetlands map at the effective
  date thereof for uses other than those referred to in  this  subdivision
  shall be subject to the provisions of this article.
* NB Effective until January 1, 2025
* 4.  On  lands  in  active  agricultural use or silviculture use, the
  activities of farmers and  other  landowners  in  grazing  and  watering
  livestock,  making reasonable use of water resources, harvesting natural
  products of the wetlands, selectively cutting timber, draining  land  or
  wetlands for growing agricultural products and otherwise engaging in the
  use of wetlands or other land for growing agricultural products shall be
  excluded  from regulated activities and shall not require a permit under

  subdivision one of this section, except that structures not required for
  enhancement or maintenance of the agricultural productivity of the  land
  and any filling activities shall not be excluded hereunder, and provided
  that  the  use of land that meets the definition of a freshwater wetland
  in section 24-0107 of this article for uses other than those referred to
  in this subdivision shall be subject to the provisions of this  article.
  All activities on lands that meet the definition of a freshwater wetland
  shall  be subject to the provisions of this article once agricultural or
  silviculture activities cease.
* NB Effective January 1, 2025
5. Public health activities, orders, and regulations of the department
  of health shall be excluded from regulated  activities.  Copies  of  all
  such  public  health  orders and regulations affecting wetlands shall be
  filed  with  the   department   of   environmental   conservation.   The
  commissioner  may  request modification of such orders or regulations if
  he deems such necessary to implement the policy of this article.
6. The commissioner shall review all current mosquito control projects
  to determine whether they are having any adverse  impact  on  freshwater
  wetlands.  Where  any  adverse  impact  is  found,  the commissioner may
  require modification of such projects if he deems such necessary for the
  implementation of the policies of this article.
7. Where dredging or filling is in navigable waters of the state or is
  for the reconstruction or repair of certain dams and  docks,  and  where
  such  activity  also affects freshwater wetlands, any person undertaking
  such activity must seek permission under this article as well  as  under
  any other applicable law.
8.  On  any  land  that  is being developed pursuant to a planned unit
  development ordinance or local law  where  freshwater  wetlands  are  to
  remain as open space, development activities shall be permitted in areas
  contiguous  to  such  wetlands if the local government affirms that such
  activities will not despoil said wetland.