2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 23 - Enforcement of Article 24 › 71-2303 - Violation; Penalties.

§ 71-2303. Violation; penalties.
1. Civil sanctions. a. Any person who violates, disobeys or disregards
  any  provision  of article twenty-four, including title five and section
  24-0507 thereof or any rule  or  regulation,  local  law  or  ordinance,
  permit  or  order issued pursuant thereto, shall be liable to the people
  of the state for a civil  penalty  of  not  to  exceed  eleven  thousand
  dollars  for  every  such  violation, to be assessed, after a hearing or
  opportunity to  be  heard  upon  due  notice  and  with  the  rights  to
  specification  of  the  charges  and  representation  by counsel at such
  hearing, by the  commissioner  or  local  government  or  in  an  action
  initiated  by  the  attorney general pursuant to section 71-2305 of this
  title or on the attorney general's own initiative. Each violation  shall
  be  a  separate  and distinct violation and, in the case of a continuing
  violation, each day's continuance thereof shall be deemed a separate and
  distinct violation. Such penalty assessed by the commissioner  or  local
  government may be recovered in an action brought by the attorney general
  at  the  request and in the name of the commissioner or local government
  in any court of  competent  jurisdiction.  Such  civil  penalty  may  be
  released  or  compromised by the commissioner or local government before
  the matter has been referred to the attorney  general;  and  where  such
  matter  has  been referred to the attorney general, any such penalty may
  be released or compromised and any action commenced to recover the  same
  may be settled and discontinued by the attorney general with the consent
  of  the  commissioner or local government. In addition, the commissioner
  or local government shall  have  power,  following  a  hearing  held  in
  conformance  with  the  procedures  set forth in section 71-1709 of this
  article, to direct the violator  to  cease  violating  the  act  and  to
  restore  the  affected  freshwater wetland to its condition prior to the
  violation, insofar as that is possible  within  a  reasonable  time  and
  under  the supervision of the commissioner or local government. Any such
  order of the commissioner or local government shall be enforceable in an
  action brought by the attorney general at the request and in the name of
  the  commissioner  or  local  government  in  any  court  of   competent
  jurisdiction.  Any  civil penalty or order issued by the commissioner or
  local government pursuant to this subdivision shall be reviewable  in  a
  proceeding  pursuant  to article seventy-eight of the civil practice law
  and rules.
b. Upon determining that  significant  damage  to  the  functions  and
  benefits of a freshwater wetland is occurring or is imminent as a result
  of  any  violation of article twenty-four of this chapter, including but
  not limited to (i)  activity  taking  place  requiring  a  permit  under
  article  twenty-four  of  this  chapter but for which no permit has been
  granted or (ii) failure on the part of a permittee to adhere  to  permit
  conditions,  the  commissioner  or  local government shall have power to
  direct the violator to cease and desist from violating the act. In  such
  cases  the  violator shall be provided an opportunity to be heard within
  ten days of receipt of the notice to cease and desist.
2. Criminal sanctions.  Any  person  who  violates  any  provision  of
  article  twenty-four  of this chapter, including any rule or regulation,
  local law or ordinance, permit or order issued pursuant thereto,  shall,
  in  addition, for the first offense, be guilty of a violation punishable
  by a fine of not less than two thousand  nor  more  than  five  thousand
  dollars;  for a second and each subsequent offense he shall be guilty of
  a misdemeanor punishable by a fine of not less than  four  thousand  nor
  more  than  ten  thousand  dollars or a term of imprisonment of not less
  than fifteen days nor more than six months or both. In addition to these
  punishments, any offender may be punishable  by  being  ordered  by  the
  court to restore the affected freshwater wetland or adjacent area to its

  condition  prior  to the offense, insofar as that is possible. The court
  shall specify a reasonable time for the completion of such  restoration,
  which  shall  be  effected  under the supervision of the commissioner or
  local  government. Each offense shall be a separate and distinct offense
  and, in the case of a continuing offense, each day's continuance thereof
  shall be deemed a separate and distinct offense.
3. All fines collected pursuant to this section shall be paid into the
  environmental  protection   fund   established   pursuant   to   section
  ninety-two-s of the state finance law.