2023 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.
* NB Effective until January 1, 2025
* 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,  climate change,
  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.
* NB Effective January 1, 2025
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.