2023 New York Laws › ENV - Environmental Conservation › Article 24 - Freshwater Wetlands › Title 3 - Freshwater Wetlands Studies; Notification and Maps › 24-0301 - Commissioner's Study.

§ 24-0301. Commissioner's study.
* 1.  The  commissioner shall, as soon as practicable, conduct a study
  to identify and map those individual freshwater wetlands in the state of
  New York which shall have an area of at  least  twelve  and  four-tenths
  acres  or  more, or if less than twelve and four-tenths acres, (a) have,
  in the discretion of the commissioner unusual local importance  for  one
  or  more  of  the  specific  benefits  set forth in subdivision seven of
  section 24-0105 of this article or (b) are located within the Adirondack
  park and meet  the  definition  of  wetlands  contained  in  subdivision
  sixty-eight of section eight hundred two of the executive law, and shall
  determine  their  characteristics. This study shall, in addition to such
  other data as the commissioner may determine to be included, consist  of
  the  freshwater  wetlands  inventory  of the department of environmental
  conservation, currently being made, together with other  available  data
  on  freshwater wetlands, whether assisted by the state of New York under
  the tidal wetlands act or otherwise, or assembled by  federal  or  local
  governmental  or  private  agencies,  all  of which information shall be
  assembled and integrated,  as  applicable,  into  a  map  of  freshwater
  wetlands  of the state of New York. Such study may, in the discretion of
  the commissioner, be carried out on a sectional or  regional  basis,  as
  indicated  by  need,  subject  to  overall  completion in an expeditious
  fashion subject to the terms of this chapter. This map, and  any  orders
  issued pursuant to the provisions of this article, shall comprise a part
  of the statewide environmental plan as provided for in section 3-0303 of
  this  chapter.  As  soon as practicable the commissioner shall file with
  the secretary of state a detailed description of the  technical  methods
  and requirements to be utilized in compiling the inventory, and he shall
  afford the public an opportunity to submit comments thereon.
* NB Effective until January 1, 2025
* 1.  Except  as  provided  in  subdivision three of this section, the
  commissioner shall supervise  the  maintenance  of  freshwater  wetlands
  maps,  which  shall  be  available  to  the  public  for  inspection and
  examination at the regional  office  of  the  department  in  which  the
  wetlands  are  wholly  or  partly  located  on the department's website.
  Digital files of freshwater wetland maps may  also  be  made  available,
  upon  request,  to  the  clerk of each county, city, town, or village in
  which  each  such  wetland  or  a  portion  thereof  is   located.   The
  commissioner  may readjust the map at any time to more accurately depict
  the  approximate  location  of  wetlands,  provided  however,   that   a
  description  of such changes shall be made available on the department's
  website along with the date such changes were made.
* NB Effective January 1, 2025
* 2.  Upon  completion  of  a  freshwater  wetlands   inventory,   the
  commissioner   shall   prepare   a  tentative  freshwater  wetlands  map
  delineating the boundaries of such wetlands as determined by  the  study
  and inventory conducted pursuant to subdivision one of this section. The
  map  may  be  prepared  for  different  sections or regions of the state
  separately, as the commissioner shall determine. The commissioner  shall
  consult and cooperate with the Adirondack park agency in the preparation
  of  a  tentative  freshwater  wetlands  map  for  any  area  within  the
  Adirondack park.
* NB Effective until January 1, 2025
* 2. Except as provided in subdivision  three  of  this  section,  the
  commissioner  may,  upon their own initiative, and shall, upon a written
  request by a landowner whose land or a portion thereof may  be  included
  within  a  wetland,  or  upon  the  written request of another person or
  persons or an official body whose interests are shown  to  be  affected,
  cause  to  be  delineated  the  boundary  line  or lines of a freshwater

  wetland or a  portion  thereof.  The  commissioner  shall  undertake  to
  delineate  the  boundary  of  a  particular  wetland  or  wetlands, or a
  particular part of the boundary thereof  only  upon  a  showing  by  the
  applicant   therefor   of  good  cause  for  such  delineation  and  the
  establishment of such line. Such delineation shall be  effective  for  a
  period of five years from the date of such delineation.
* NB Effective January 1, 2025
* 3.  The  tentative  freshwater  wetlands  map  shall  set  forth the
  boundaries of such wetlands as accurately as is  practicable  to  inform
  the  owners  thereof,  the  public and the department of the approximate
  location of the actual boundaries of the wetlands, subject to motion for
  delineation pursuant to this section, or more precise definition thereof
  in the discretion of the commissioner. The commissioner shall take  into
  consideration, whenever possible, the boundaries of the local government
  or governments within which the wetlands are located.
* NB Effective until January 1, 2025
*   3.  The  supervision of the maintenance of any freshwater wetlands
  map or portion thereof applicable  to  wetlands  within  the  Adirondack
  park, the readjustment and precise delineation of wetland boundary lines
  and  the  other  functions  and  duties  ascribed to the commissioner by
  subdivisions one and two of this  section  shall  be  performed  by  the
  Adirondack  park agency, which shall make such maps available for public
  inspection and examination at  its  headquarters  and  on  the  agency's
  website.
* NB Effective January 1, 2025
* 4.  Upon  completion  of the tentative freshwater wetlands map for a
  particular area, the commissioner  or  his  designated  hearing  officer
  shall  hold  a  public  hearing  in  that  area  in  order  to afford an
  opportunity for any person to propose additions or deletions  from  such
  map. The commissioner shall give notice of such hearing to each owner of
  record  as  shown on the latest completed tax assessment rolls, of lands
  designated as such wetlands as shown on said map and also to  the  chief
  administrative  officer  and  clerk  of each local government within the
  boundaries of which any such wetland or a  portion  thereof  is  located
  and,  in  the  case  of a tentative freshwater wetlands map for any area
  within the Adirondack park, to the Adirondack park agency, by  certified
  mail  not  less  than thirty days prior to the date set for such hearing
  and shall assure that a copy of the relevant map is available for public
  inspection at a convenient location in such local  government.  The  map
  filed with a local government may, at the local government's request, be
  either  a physical copy of the tentative freshwater wetlands map, or, if
  available, a digital file that represents  it.  The  commissioner  shall
  also  cause  notice  of  such hearing to be published at least once, not
  more than thirty days nor fewer than ten days before the  date  set  for
  such  hearing,  in at least two newspapers having general circulation in
  the area where such wetlands are located. The commissioner may  post  on
  the  department's  website a digital image that represents the tentative
  freshwater wetlands map.
* NB Effective until January 1, 2025
* 4. There is a rebuttable presumption that mapped and unmapped  areas
  meeting  the  definition  of  a  freshwater  wetland in this article are
  regulated and subject to permit requirements. This  presumption  may  be
  rebutted  by presenting information to the department that the area does
  not meet the definition contained in this article. A wetland delineation
  by the department, or a verification by  the  department  of  a  wetland
  delineation  by  another  party,  is  required to identify the regulated
  freshwater wetland boundary in a particular location.
* NB Effective January 1, 2025
* 5. After considering the testimony given at  such  hearing  and  any
  other  facts which may be deemed pertinent, after considering the rights
  of affected property owners and the  ecological  balance  in  accordance
  with  the  policy  and  purposes  of  this  article, and, in the case of
  wetlands   or   portions  thereof  within  the  Adirondack  park,  after
  consulting with the  Adirondack  park  agency,  the  commissioner  shall
  promulgate  by order the final freshwater wetlands map. Such order shall
  not be promulgated less than sixty days from the  date  of  the  hearing
  required  by  subdivision  four  of  this  section. A copy of the order,
  together with a copy of such map or relevant portion  thereof  shall  be
  filed  in the office of the clerk of each local government in which each
  such wetland or a portion thereof is located and, in the case of  a  map
  for  any  area  within  the  Adirondack  park,  with the Adirondack park
  agency. The map  filed  with  a  local  government  may,  at  the  local
  government's  request, be either a physical copy of the final freshwater
  wetlands map, or, if available, a digital file that represents  it.  The
  commissioner  shall  simultaneously  give  notice  of such order to each
  owner of lands, as shown on the latest completed tax  assessment  rolls,
  designated  as  such  wetlands  by  mailing a copy of such order to such
  owner by certified mail in any case where a notice by certified mail was
  not sent pursuant to subdivision four of this section, and in all  other
  cases  by  first  class mail. The commissioner shall also give notice of
  such order at such time to the  chief  administrative  officer  of  each
  local  government  within  the boundaries of which any such wetland or a
  portion thereof is located. At the time of filing  with  such  clerk  or
  clerks,  the  commissioner  shall  also cause a copy of such order to be
  published in at least two newspapers having general circulation  in  the
  area  where  such wetlands are located. The commissioner may post on the
  department's  website  a  digital  image  that  represents   the   final
  freshwater wetlands map.
* NB Effective until January 1, 2025
* 5.   By   January  1,  2025,  in  addition  to  any  ongoing  aerial
  photography, soil surveys or field verifications being conducted by  the
  department,   the  department  shall  accept  information  from  federal
  government sources, other state sources,  local  governments,  colleges,
  universities,  environmental  organizations  or  other private agencies,
  regarding the location of freshwater wetlands.
* NB Effective January 1, 2025
* 6. Except as provided in subdivision  eight  of  this  section,  the
  commissioner  shall  supervise  the  maintenance  of such boundary maps,
  which shall be available to the public for inspection and examination at
  the regional office of the department in which the wetlands  are  wholly
  or partly located and in the office of the clerk of each county in which
  each  such wetland or a portion thereof is located. The commissioner may
  readjust the map thereafter to clarify the boundaries of  the  wetlands,
  to  correct any errors on the map, to effect any additions, deletions or
  technical changes on the map, and to reflect changes as have occurred as
  a result of the granting of permits pursuant to section 24-0703 of  this
  article,  or  natural  changes  which may have occurred through erosion,
  accretion, or otherwise. Notice of such readjustment shall be  given  in
  the same manner as set forth in subdivision five of this section for the
  promulgation of final freshwater wetlands maps. In addition, at the time
  notice  is  provided  pursuant  to subdivision five of this section, the
  commissioner shall update any digital image of the  map  posted  on  the
  department's website to reflect such readjustment.
* NB Effective until January 1, 2025
* 6.  By  January  1,  2025,  the  department  shall  make educational
  materials available on  its  website  to  inform  landowners  and  local

  governments  of  the  process for determining how to identify freshwater
  wetlands.
* NB Effective January 1, 2025
* 7.  Except  as  provided  in  subdivision eight of this section, the
  commissioner may, upon his own initiative, and  shall,  upon  a  written
  request  by  a landowner whose land or a portion thereof may be included
  within a wetland, or upon the  written  request  of  another  person  or
  persons  or  an  official body whose interests are shown to be affected,
  cause to be delineated more precisely the boundary line or  lines  of  a
  freshwater  wetland  or a portion thereof. Such more precise delineation
  of a freshwater wetland boundary line or lines shall be  of  appropriate
  scale  and  sufficient  clarity  to  permit  the ready identification of
  individual  buildings  and  of  other  major  man-made   structures   or
  facilities  or  significant  geographical  features  with respect to the
  boundary of any freshwater wetland. The commissioner shall undertake  to
  delineate  the  boundary  of  a  particular  wetland  or  wetlands, or a
  particular part of the boundary thereof  only  upon  a  showing  by  the
  applicant  therefor  of good cause for such more precise delineation and
  the establishment of such more precise line.
* NB Repealed January 1, 2025
* 8. The supervision of the maintenance of any freshwater wetlands map
  or portion thereof applicable to wetlands within  the  Adirondack  park,
  the  readjustment  and precise delineation of wetland boundary lines and
  the  other  functions  and  duties  ascribed  to  the  commissioner   by
  subdivisions  six  and  seven  of this section shall be performed by the
  Adirondack park agency, which shall make such maps available for  public
  inspection and examination at its headquarters.
* NB Repealed January 1, 2025